Free WARREN COUNTY COURT - Ohio

IN THE WARREN COUNTY COURT
LEBANON, OH

STATE OF OHIO Plaintiff vs. _____________________ Defendant D.O.B: ___________________________ SSN: ____________________________ O.L. #:___________________________ VIOLATION DATE:________________

CASE: ___________________

ENTRY AND ORDER TO VACATE A.L.S.

This matter came on for hearing before the Court upon review of the ALS positive suspension in the above case. The Court finds that the defendant has entered a plea of guilty or no contest and has been convicted of an OMVI offense in the within case.

Based on the decision of the Ohio Supreme Court in State v. Gustafson, No. 95-1377, WL 427936 (July 30, 1996) the Court finds that the Administrative License Suspension in this case is no longer remedial in nature and becomes punitive in nature to the extent it continues subsequent to conviction and sentencing for violation of O.R.C. 4511.19. Because the ALS loses its remedial character upon judicial adjudication of guilt and sentencing for the DUI charge, the Double Jeopardy Clauses of the United States and Ohio Constitutions preclude continued recognition of an ALS following judicial imposition of criminal penalties.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the continued imposition of the Administrative License Suspension in this case is unconstitutional, and that the suspension is hereby vacated as of the date of this entry, and that no reinstatement fee shall be collected by the Bureau of Motor Vehicles.

___________________ Date

_________________________________________ /* Judge, Warren County Court*/

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