bmv form 2255 filed

• State v. Tweddell, (Ohio 2010)

Arresting officer’s testimony at hearing on motion to suppress and administrative license suspension appeal satisfied State’s burden to show prima facie evidence justifying license suspension. The trial court properly concluded that R.C. 4511.197(C), which allows for an appeal of an ALS only for certain enumerated reasons, precludes an appeal based on violations of other statutory provisions related to the imposition of an ALS. Defendant’s arguments were not proper grounds for an appeal because they did not relate to the enumerated conditions. Judgment affirmed.

... a breath test, as stated on the back of BMV Form 2255 ("BMV 2255"). Tweddell signed the form and t... BMV 2255 was then filed, along with the complaint and the supporting docum...

• Ohio Supreme Court

• State v. Cook, (Ohio 2005)

Administrative license suspension overruled where Bureau of Motor Vehicles Form 2255 did not specify the reasonable grounds to administer a chemical test.

.... The officer filed BMV Form 2255 and the citation with the court. . A...

• Ohio Supreme Court

• James J. Frank, Petitioner-Appellant, v. United States of America, Respondent-Appellee., 914 F.2d 828 (7th Cir. 1990)

... appeals from the dismissal of his section 2255 petition. For the reasons discussed below, we affi...Id. at 356, 107 S.Ct. at 2879. Frank filed his petition under 28 U.S.C. Sec. 2255, seeking to... the government of intangible property in the form of (1) information of the type protected by the ma...

• Federal Circuits

• State v. Nichols, (Ohio 2001)

.... However, when Trooper Bethel executed BMV Form 2255, for imposition of the ALS, he indicated both... in effect, on November 22, 2000, appellant filed motions to suppress and dismiss. The trial court ...

• Ohio Supreme Court

• State v. O'Neill, (Ohio 2000)

... Appellant filed a motion to strike one of his prior DUI conviction... his current DUI case alleging that BMV Form 2255, relating to refusal to take a breath test, w...

• Ohio Supreme Court

• Columbus v. Shepherd, (Ohio 2011)

Trial court did not err in denying appellant's motion to suppress results of BAC test. Probable cause existed to support arrest for OVI impaired offense prior to administration of PBT and BAC results need not be suppressed based on independent source doctrine. Numerous indicators existed to indicate impairment, regardless of whether appellant's consent was voluntary, and they were sufficient to constitute probable cause to arrest without PBT results.

... chemical test as set forth in BMV  Form 2255, appellant submitted to a breath alcohol cont... to pay court costs.  Appellant has filed a timely appeal and asserts the following  assi...

• Ohio Supreme Court

• State v. King, (Ohio 2012)

The trial court did not err in overruling appellant’s motion for dismissal based on speedy trial grounds. There were various tolling events which consumed the overage in days. The trial court did not err in overruling appellant’s motion to dismiss based on appellant’s challenge of the prosecution’s use of a prior OVI conviction for enhancement purposes. Appellant failed to meet her burden in demonstrating that the conviction was constitutionally defective. The trial court did not err in overruling appellant’s motion to suppress. The record demonstrates that appellant was not subject to a custodial interrogation and did not need to be Mirandized. Appellant received effective assistance of trial court. The jury conviction was supported by the manifest weight of the evidence.

... King the BMV 2255 form and  advised her that she was under arre... discovery and filed a reciprocal demand for discovery.    -7-    ....

• Ohio Supreme Court

• William Harris, Jr. v. City of Circleville, (6th Cir. 2009)

... Decided and Filed: October 2, 2009. ... the opening in the cell door, read the "BMV 2255" to Harris.3 Harris was lying on the cell floor wh... the BMV's administrative license suspension form to him; and 4) Trooper McManes remained at the jai...

• Federal Circuits

• State v. Rhoads, (Ohio 2011)

ALS Suspension; Disqualification

...2255 form and he refused to submit a chemical test of his breath.  He was placed  under an administrative lic... ALS hearing, coupled with the BMV 2255  form, formed a sufficient basis for the trial cou...

• Ohio Supreme Court

• State v. Willman, (Ohio 2002)

..., appellant entered a plea of not guilty, filed a demand for a jury trial, and appealed his ALS. ..., appellant and the State offered the BMV Form 2255 and certain supplements, including the impair...

• Ohio Supreme Court