Irwin v. State, Ohio Bureau of Motor Veh., Unpublished Decision (1-17-2003)
Irwin v. State, Ohio Bureau of Motor Veh., Unpublished Decision (1-17-2003)
Opinion of the Court
OPINION
{¶ 1} Defendant-appellant Ohio Bureau of Motor Vehicles appeals from an order of Miamisburg Municipal Court vacating an administrative suspension of the driver's license of plaintiff-appellee Alica Irwin. The Bureau contends that the trial court was without jurisdiction to vacate the suspension. We agree. Accordingly, the judgment of the trial court is Reversed and Vacated.{¶ 3} The Bureau mailed notice of the suspension to Irwin in February, 2002. The suspension was to remain in effect for seven years, or until Irwin had complied with the requirements of R.C.
{¶ 4} Irwin filed a petition in the Miamisburg Municipal Court, asking that the license suspension be set aside. An "Agreed Entry" was filed in the Miamisburg Municipal Court on April 11, 2002, the entire text of which is as follows:
{¶ 5} "Upon Motion of Plaintiff, and for good cause shown the Court overrules the license suspension of the Plaintiff and orders the Bureau of Motor Vehicle to restore her driving privileges.
{¶ 6} "Further the Court ORDERS that no re-instatement fee be charged by the Bureau of Motor Vehicles."
{¶ 7} This entry was signed by the judge of the Miamisburg Municipal Court, the prosecuting attorney for the city of Miamisburg, purporting to have been acting in the capacity of attorney for the Bureau, and by Irwin's attorney.
{¶ 8} The Bureau appeals from the order of the trial court "overruling" the administrative license suspension.
{¶ 10} "The court below erred in vacating the driver's license suspension of Ms. Irwin, in effect finding it had jurisdiction, when Ms. Irwin did not comply with the mandatory requirements necessary to invoke jurisdiction in an appeal of a driver's license suspension."
{¶ 11} The Bureau contends that the Miamisburg Municipal Court was without jurisdiction to entertain an administrative appeal from a driver's license suspension pursuant to R.C.
{¶ 12} R.C.
{¶ 13} We agree with the Bureau that the Miamisburg Municipal Court had no jurisdiction to review or to vacate the Bureau's administrative suspension of Irwin's driver's license. The Bureau's sole assignment of error is sustained.
GRADY and YOUNG, JJ., concur.
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