State v. Wisby, Unpublished Decision (10-31-2003)

OPINION.

{¶ 1} The plaintiff-appellant, the state of Ohio, appeals from the trial court's order overturning the administrative license suspension ("ALS") of the defendant-appellee, Christopher Wisby. The court found that there was no probable cause to support Wisby's arrest for driving under the influence. In its first assignment of error, the state argues that the earlier dismissal of the DUI charge for want of prosecution divested the court of jurisdiction to determine the issue of probable cause for purposes of the administrative license suspension. In its remaining assignments of error,…