Opinion
No. 70-216
Decided May 12, 1971.
Criminal law — Driving while under influence of alcohol — Suspension of license by Registrar — Upheld on appeal, when.
APPEAL from the Court of Appeals for Lucas County.
Appellant was arrested by the Toledo police and charged with driving while under the influence of alcohol. He refused to take a chemical sobriety test. Ten days later he entered a plea of guilty to the charge, and was sentenced and fined by the Toledo Municipal Court.
Subsequently, the Registrar of Motor Vehicles advised appellant that his driver's license was suspended for six months pursuant to R.C. 4511.191. Appellant then filed a petition of appeal in the Toledo Municipal Court, asking that the suspension be canceled, on the ground that he had pleaded guilty as charged. The Municipal Court dismissed the petition, and the Court of Appeals affirmed the judgment of the Municipal Court.
The allowance of a motion to certify the record and an appeal as of right bring the cause to this court for review.
Mr. Marshall R. Desmond, for appellant.
Mr. Harry Friberg, prosecuting attorney, and Mr. Charles J. Doneghy, for appellee.
The judgment of the Court of Appeals is affirmed on authority of, and for the reasons stated in, Hoban v. Rice (1971), 25 Ohio St.2d 111.
Judgment affirmed.
O'NEILL, C.J., SCHNEIDER, HERBERT, DUNCAN, CORRIGAN, STERN and LEACH, JJ., concur.