Re: First Time Paraphernalia Charges in Ohio
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Quoting
nukalur
sorry bubba but i think you are probably wrong on the license suspension.
the westerville city ordinance 527.12 specifies:
(g) In addition to any other sanction imposed upon an offender for a violation of this section, the court may suspend for not less than six months or more than five years the offender’s driver’s or commercial driver’s license or permit.
( http://www.amlegal.com/nxt/gateway.dll?f=id$id=Westerville,%20OH%20Code%20of% 20Ordinancess%3Ar%3A1bee$cid=ohio$t=document-frame.htm$an=JD_527.12$3.0#JD_527.12 )
and ORC 2925.14 says:
(G) In addition to any other sanction imposed upon an offender for a violation of this section, the court shall suspend for not less than six months or more than five years the offender’s driver’s or commercial driver’s license or permit. If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with section 2925.38 of the Revised Code.
You see the Westerville ordinance says MAY suspend. The ORC says SHALL suspend. Obviously, this is the home rule difference in the law, as it would not seem to conflict, as it is still on the books, unless the case law states different.