City of Wauseon v. Badenhop

I

The first issue presented is whether the trial court committed plain error, as the court of appeals so found, in suspending appellee’s driver’s license for operating a farm tractor while intoxicated. This court agrees that appellee’s license was improperly suspended.

This determination is premised on the interplay of three code sections—R.C. 4501.01(B), 4507.16, and 4507.03. The trial court suspended appellee’s license pursuant to R.C. 4507.16 that provided at the time relevant herein as follows:

“The trial judge of any court of record shall, in addition to, or independent of all other…