1999 OHIO 327 - State v. Lewis

[This opinion has been published in Ohio Official Reports at

85 Ohio St.3d 632

.]




              THE STATE OF OHIO, APPELLEE, v. LEWIS, APPELLANT.
                       [Cite as State v. Lewis,

1999-Ohio-327

.]
Criminal law—Motor vehicles—Traffic offenses—Driving while intoxicated—
        Administrative license suspension—Reinstatement fee of former R.C.
        4511.191(L)(2) does not violate the Double Jeopardy Clause—Court of
        appeals’ judgment affirmed on authority of State v. Uskert.
        (No. 98-2376—Submitted May 18, 1999—Decided June 16, 1999.)
            APPEAL from the Court of Appeals for Summit County, No. 19006.
                                  __________________
        Lawrence J. Cook, for appellant.
                                  __________________
        Per Curiam.
        {¶ 1} We affirm on authority of State v. Uskert (1999),

85 Ohio St.3d 593

709 N.E.2d 1200

. The cause is remanded to the trial court to reinstate the original
$280 Administrative License Suspension reinstatement fee that the trial court
ordered be applied to any reinstatement fees due on the DUI suspension.
        MOYER, C.J., DOUGLAS, RESNICK, PFEIFER, COOK and LUNDBERG
STRATTON, JJ., concur.
        F.E. SWEENEY, J., dissents for the reasons stated in his dissenting opinion in
State v. Uskert (1999),

85 Ohio St.3d 593

709 N.E.2d 1200

.
                                  __________________