Opinion

Buchanan v. Registrar

  • 85 Ohio App. 3d 263
  • 619 N.E.2d 523
  • 1993 Ohio App. LEXIS 1745
Court
Ohio Court of Appeals
Filed
Mar 25, 1993
Status
Published
Author
Bryant
On the bench
Young, Bryant, Whiteside
Cited by
1 cases
Authority
More cited than 43.0%

The opinion

*268

Peggy Bryant, Presiding Judge,

concurring.

The majority opinion concludes that the payment of a reinstatement fee of $125 is a direct consequence of a refusal to take a chemical test under R.C. 4511.191; that the suspension imposed under that section does not terminate until the individual proves financial responsibility and pays the $125 reinstatement fee under R.C. 4511.19KJ).

Contrary to the majority opinion, in my opinion, the suspension imposed under R.C. 4511.191 terminates as set forth in the form prescribed by appellee; thus, the form is not misleading under

Norris v. Brown, supra.

Instead, although the suspension terminates, the driver’s license is not

returned,

until the driver proves financial responsibility and pays the $125 reinstatement fee. As such, the requirements of R.C. 4511.191(J) are not direct consequences of the refusal, but conditions for return of the license. Cf.

Shoemaker v. Ohio Bur. of Motor Vehicles

(1992), 78 Ohio App.3d 425 , 604 N.E.2d 1386 .

Nonetheless, the evidence herein discloses that appellee’s form at one time advised that a consequence of a refusal was payment of the reinstatement fee. Although that statement subsequently was omitted in the revised form, it apparently has been included once more. Under such circumstances, despite my opinion as to necessary admonitions contemplated under R.C. 4511.191, appellee’s argument that it should not be forced to advise of the $125 reinstatement fee is not compelling. Thus, I am persuaded to concur in the majority opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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