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State v. Foureman6/18/1990
HENDRICKSON, Judge.
This is an appeal by defendant-appellant, David C. Foureman, from a decision of the Eaton Municipal Court suspending his driver's license for one year following a conviction for failure to drive within marked lanes.
On October 19, 1989 at approximately 12:30 a.m., appellant was traveling west on Interstate 70 in Preble County in a Jeep station wagon. Driving conditions were hazardous due to a heavy snowfall. Trooper Schnelle of the Ohio State Patrol received four separate CB calls about a Jeep station wagon traveling on Interstate 70 weaving from lane to lane. Schnelle saw appellant's vehicle from a rest area and, as it went by, he observed several semitrucks and passenger cars behind it who were unable to pass.
Schnelle followed appellant to U.S. Route 35, where he saw appellant weave across the centerline three times, once by over half of the vehicle width. Schnelle turned on his lights and siren and pursued appellant, but appellant did not stop until a truck blocked his way.
When Schnelle approached appellant, he noted a strong odor of alcohol on his person. Appellant stated that he was on his way home to Englewood frosDayton, but appellant was traveling in the opposite direction. Schnelle had to help appellant walk to the rear of his car. Subsequently, appellant refused to take any field sobriety tests or a breath test.
Appellant was arrested and charged with driving under the influence of alcohol pursuant to R.C. 4511.19(A)(1), failure to drive within marked lanes pursuant to R.C. 4511.33 and failure to wear a seatbelt pursuant to R.C. 4513.263. Appellant pleaded not guilty to all three charges. Subsequently, the trial court suspended appellant's driving privileges pursuant to R.C. 4511.191, stating that appellant had refused to take a chemical test and that appellant's driving would constitute a threat to public safety.
On November 22, 1989, pursuant to a plea bargain, appellant pleaded guilty to the charges of failure to drive within a marked lane and failure to wear a seatbelt. The DUI charge was dismissed by the prosecution for lack of evidence. Appellant was found guilty of the other charges and the trial court suspended his driving privileges for one year. That same day, the trial court issued a judgment entry granting appellant occupational driving privileges, stating that appellant could operate a motor vehicle "in the course of his employment * * * with the vehicle being equipped with the guardian interlock system." This appeal followed.
Appellant presents two assignments of error for review. In his first assignment of error, he states that the trial court erred in suspending his driver's license for a year after he was found guilty of failure to drive within marked lanes. He argues that this offense does not "relate to reckless operation." We find this assignment of error is not well taken.
The trial court suspended appellant's license under the authority of R.C. 4507.34, which provides:
"Whenever a person is found guilty under the laws of this state or any ordinance of any political subdivision thereof, of operating a motor vehicle in violation of such laws or ordinances, relating to reckless operation, the trial court of any court of record may, in addition to or independent of all other penalties provided by law, suspend for any period of time or revoke the driver's license or commercial driver's license of any person so convicted or pleading to such offenses for such period as it determines, not to exceed one year.
In State v. Kirkpatrick (June 22, 1987), Preble App. No. CA87-02-003, unreported, 1987 WL 13060, this
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