State ex rel. Moraites v. Gorman

Ohio’s new Criminal Code became effective on January 1, 1974, and hence its provisions pertaining to violations of R. C. 4511.19 were applicable to Ms. Bolan’s case. One such provision is R. C. 4511.99 (A), which states: “Whoever violates section 4511.19 of the Revised Code is guilty of a misdemeanor of the first degree, in addition to the license suspension or revocation provided in section 4507.16 of the Revised Code. At least three days’ imprisonment is mandatory under this division.” (Emphasis added). Appellee contends that R. C. 4511.99 (A) unequivocally commands a trial judge to impose…