Wednesday, January 6, 2010

State v. Barker, 2009-Ohio-6907 - December 30, 2009

In the case of the State of Ohio vs. Barker (2009-Ohio-6907) the Ninth District Court of Appeals stated:
     The trial court committed reversible error in granting Barker’s motion to dismiss the charge of driving under suspension on the ground that the registrar lacked the authority to suspend her license. Although the statute granting the registrar authority to request proof of financial responsibility does not itself contain the penalty for noncompliance, Ohio Adm.Code 4501:1-2-08(C), promulgated “pursuant to statutory authority,” provides the penalty.  Youngstown Sheet & Tube Co., 38 Ohio St.3d at 234. See, also, R.C. 4509.101(M). Construing the statute with the Administrative Code demonstrates that the registrar is indeed authorized to issue financial responsibility noncompliance suspensions.

Basically if you receive a notice from the register to show proof of financial responsibility (auto insurance) and you do not respond, they have the right under Ohio law to suspend your license.

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