4510.73 [Effective 9/17/2010] Litigation of all issues concerning driver's licenses.
4510.73 [Effective 9/17/2010] Litigation of all issues concerning driver's licenses.
(A) It is the intent of this section to allow all issues concerning driver’s licenses to be litigated in a single forum, not to eliminate any forum venue in existence on the effective date of this section.
(B) Notwithstanding any provision of the Revised Code to the contrary, any court whose jurisdiction has been invoked under this chapter or any other chapter of the Revised Code regarding a driver’s license matter, other than a matter involving a commercial driver’s license, is hereby conferred concurrent jurisdiction to adjudicate all issues and appeals regarding that driver’s license matter, including issues of validity, suspension, and, with regard to any suspension imposed by the bureau of motor vehicles, driving privileges. Nothing in this section shall be construed as applying to any issue involving a commercial driver’s license, except that a court may adjudicate an issue that does not relate to a commercial driver’s license but involves a holder of a commercial driver’s license so long as the court does not alter the status of that holder’s commercial driver’s license. In the event that another court has obtained jurisdiction over one or more driver’s license suspensions imposed by the bureau involving the same driver’s license holder, that jurisdiction may not be divested by an action filed under this section unless that court transfers its jurisdiction over that holder’s driver’s license issue by issuance of a court order.
(C)(1) The court’s jurisdiction over a particular driver’s license issue may be invoked by a motion, appeal, or petition filed by a holder of a driver’s license. Any such motion, appeal, or petition shall state the issue with respect to which the court’s jurisdiction is invoked.
(2) When a court’s jurisdiction over a driver’s license issue is properly invoked, that court shall adjudicate all issues and appeals brought before the court regarding that issue, unless the motion, appeal, or petition is withdrawn.
(D) Any court whose jurisdiction is invoked under this section shall have the discretionary authority to issue a stay of any suspension pending resolution of the matters before the court. This provision does not alter or eliminate any automatic stay provision provided for elsewhere in the Revised Code.
(E) Any court whose jurisdiction is invoked under this section, in its discretion, may order the bureau to renew the holder’s driver’s license pending resolution of the matters before the court, provided that the license is not more than six months expired prior to the date of application for renewal. The court, in its discretion, also may order the bureau to renew the holder’s driver’s license in its final judgment, provided that the license is not more than six months expired prior to the date of application for renewal.
(F) If jurisdiction is invoked under this section in a court of common pleas or county court, the prosecuting attorney of the county in which the case is pending shall represent the registrar in the proceedings; provided, that if the driver’s license holder resides in a municipal corporation that lies within the jurisdiction of a county court, the city director of law, village solicitor, or similar chief legal officer of the municipal corporation shall represent the registrar in the proceedings. In a municipal court, the registrar shall be represented in the resulting proceedings as provided in section 1901.34 of the Revised Code. At the election of the registrar, the attorney general may enter the proceedings at any time and henceforth represent the registrar in the case.
(G) Either party may appeal the final judgment of the court. Any such appeal shall be taken as provided in section 1901.30 or 1907.30 of the Revised Code and shall conform with Chapter 2505. of the Revised Code.
Added by 128th General Assembly File No. 52, HB 338, § 1, eff. 9/17/2010.