State v. Manocchio

Defendant pled guilty to a third-degree felony violation of former Ohio Rev. Code 4511.19(A), which resulted in his fourth DUI conviction and second felony DUI conviction. Defendant was sentenced to a term of imprisonment and a lifetime drivers license suspension. Nine years later, Defendant moved for limited driving privileges. The trial court granted those privileges for daylight hours only. The State appealed, arguing that granting limited driving privileges violated former Ohio Rev. Code 4510.54(A), which prohibited the modification of lifetime suspension for the first fifteen years. The court of appeals affirmed, concluding that Ohio Rev. Code 4510.13(A)(5)(g)(i) gives a trial court discretion to grant limited driving privileges during a lifetime suspension. The Supreme Court affirmed in part and reversed in part, holding that when a trial court grants limited driving privileges and issues an entry in compliance with Ohio Rev. Code 4510.021(A), which directs that driving privileges shall be for certain enumerated limited purposes, that grant is not a modification of a lifetime suspension within the meaning for former section 4510.54(A). Remanded for the trial court to issue a new entry in conformity with section 4510.021(A). View "State v. Manocchio" on Justia Law