723 N.E.2d 672 (Ohio Co. 1999), 99 CRB 273, State v. Carnes

Docket Nº:99 CRB 273.
Citation:723 N.E.2d 672, 102 Ohio Misc.2d 5, 2000-Ohio-272
Opinion Judge:ROBERT S. WYNN, Judge.
Party Name:The STATE of Ohio v. CARNES. [*]
Attorney:Susan Thomas, Jefferson County Assistant Prosecuting Attorney, for plaintiff. Robert C. Hunt, for defendant.
Case Date:September 20, 1999
Court:County Court of Ohio
 
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Page 672

723 N.E.2d 672 (Ohio Co. 1999)

102 Ohio Misc.2d 5, 2000-Ohio-272

The STATE of Ohio

v.

CARNES. *

No. 99 CRB 273.

Ashtabula County Court of Ohio.

September 20, 1999.

Page 673

Susan Thomas, Jefferson County Assistant Prosecuting Attorney, for plaintiff.

Robert C. Hunt, for defendant.

ROBERT S. WYNN, Judge.

On June 14, 1999, defendant Andrew J. Carnes was convicted of possession of marijuana under R.C. 2925.11 and possession of drug paraphernalia under R.C. 2925.14. As a part of the sentence, the court issued a one-hundred-eighty-day suspension of defendant's driving privileges pursuant to R.C. 4507.16(D)(2), 2925.14(G), and 2925.11(E)(2).

[102 Ohio Misc.2d 6] After he was sentenced, defendant made a personal letter-request for occupational privileges, which request was denied.

Now defendant by way of his motion for occupational driving privileges filed September 16, 1999 in this case number urges that in this fact-setting this court is empowered to grant him occupational driving privileges.

This court follows a policy of not allowing occupational driving privileges when driving privileges have been suspended pursuant to R.C. 4507.16(D)(2), 2925.14(G), and 2925.11(E)(2), as was done in this case. The court has not allowed occupational driving privileges to this defendant although requested by letter, pursuant to said policy. In a formal motion filed by counsel on behalf of Carnes, defendant argues that this court has the legal authority to grant occupational driving privileges to him at this time.

All of the Ohio courts which have treated in a written opinion available to the legal researcher the narrow issue presented have held that the court does not have legal authority to grant occupational driving privileges in this setting.

These decisions include the following: State v. Paxson (Feb. 20, 1998), Greene App. No. 97-CA-0041, unreported, 1998 WL 71753; State v. Burden (1996), 113 Ohio App.3d 524, 681 N.E.2d 489; State v. Smith (1996), 113 Ohio App.3d 752, 682 N.E.2d 15; State v. Sumlin (Dec. 6, 1996), Montgomery App. No. 15614, unreported, 1996 WL 696983; State v. Thompson (Dec. 6, 1996), Montgomery App. No. 15336, unreported, 1996 WL 697069; State v. Sanner (Nov. 22, 1996), Montgomery App. Nos. 15142, 15143, 15206, 15216 and 15275, unreported, 1996 WL 673272; State v. Smith (Dec. 27, 1996), Montgomery...

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