Judge Nicastro and Robert Walton published the 6th Edition of the Ohio Driver’s License Reinstatement Handbook today. The new edition explains the Ohio Bureau of Motor Vehicles’ permanent debt reduction and amnesty program, omits several repealed suspensions and summarizes some relevant case law. Although limited, the case law in this area is illuminating.
State v. Caskey, Sixth Dist., Lucas County, 2018-Ohio-116
Caskey filed a petition in a municipal court seeking to vacate a non-compliance suspension and a security suspension arising out of an accident he caused while uninsured. The state filed a motion to dismiss, arguing that the court lacked subject matter jurisdiction over the issue of the suspensions. The state cited ORC §119.12(A)(1), which provides that “any party adversely affected by an order of an agency. . .suspending a license. . .may appeal the order. . .to the court of common pleas of the county in which . . .the licensee is a resident.” The trial court granted the state’s motion to dismiss and Caskey appealed. The court of appeals correctly stated that ORC §4510.73 was enacted after ORC §119.12, and the grant of concurrent jurisdiction thereunder (to adjudicate all issues and appeals regarding non-commercial driver’s license matters) applies “notwithstanding any provision of the Revised Code to the contrary.” The appeals court determined that the trial court erred in concluding it lacked subject matter jurisdiction over appellant’s ORC §4510.73 petition and reversed the judgment of dismissal.