[Cite as State v. Elliott, 2011-Ohio-6723.]

COURT OF APPEALS 

LICKING COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO 

 Plaintiff-Appellee 

-vsJ. MARK ELLIOTT 

 Defendant-Appellant 

JUDGES: 

Hon. W. Scott Gwin, P. J. 

Hon. John W. Wise, J. 

Hon. Patricia A. Delaney, J. 

Case No. 2011 CA 00060 

O P I N I O N 

CHARACTER OF PROCEEDING: Criminal Appeal from the Municipal Court, 

Case No. 11 TRD 3253 

JUDGMENT: Affirmed 

DATE OF JUDGMENT ENTRY: December 23, 2011 

APPEARANCES: 

For Plaintiff-Appellee For Defendant-Appellant 

WILLIAM PAUL BRINGMAN AMY S. WEEKS 

13 East College Street 40 West Main Street, 4th Floor 

Fredericktown, Ohio 43019-1192 Newark, Ohio 43055 
Licking County, Case No. 2011 CA 00060 2

Wise, J. 

{¶1} Defendant-Appellant J. Mark Elliott appeals the Licking County 

Municipal Court’s order of forfeiture in this matter. 

{¶2} Plaintiff-Appellee is the State of Ohio. 

STATEMENT OF THE CASE AND FACTS

{¶3} On March 30, 2011, Appellant J. Mark Elliott was driving his vehicle 

eastbound on Interstate 70 in Licking County. A Sheriff’s deputy noticed Appellant's 

vehicle had what the trooper believed to be excessive tinting of its driver's side 

window. The deputy initiated a traffic stop of Appellant's vehicle. Upon investigation, 

the trooper discovered Appellant was driving under suspension. 

{¶4} As a result, Appellant was cited for violations of R.C. §4510.16 

(Driving under an FRA Suspension) and §4510.14 (Driving Under an OVI 

Suspension). 

{¶5} On May 10, 2011, the State of Ohio filed a motion to amend the 

Driving Under an OVI Suspension, a violation of R.C. §4510.14 to a charge of Driving 

under suspension or in violation of license restriction, a violation §4510.11. 

{¶6} The trial court granted said motion to amend and Appellant 

changed his plea and entered a plea of guilty to Driving Under FRA Suspension, in 

violation of R.C. §4510.16 and Driving under suspension or in violation of license 

restriction, in violation of R.C. §4510.11. 

{¶7} On May 10, 2011, upon conviction of §4510.11, the trial court 

ordered forfeiture of Appellant's vehicle. 
Licking County, Case No. 2011 CA 00060 3

{¶8} It is from this order that Appellant now appeals, assigning the 

following sole error for review: 

ASSIGNMENT OF ERROR

{¶9} “I. THE TRIAL COURT ERRED IN APPLYING THE CRIMINAL 

FORFEITURE STATUTE TO APPELLANT’S CONVICTION OF HABITUAL 

OFFENDER.” 

I. 

{¶10} In Appellant’s sole assignment of error, Appellant argues that the 

trial court erred in ordering forfeiture in this matter. We disagree. 

{¶11} In this case, Appellant pled guilty to and was convicted of R.C. 

§4510.16 and R.C. §4510.11. 

{¶12} Revised Code 4510.11 contains a forfeiture provision. The version 

of R.C. §4510.11 in effect at the time of Appellant’s conviction and sentence provides 

as follows: 

{¶13} R.C. §4510.11 Driving under suspension or in violation of 

license restriction

{¶14} “(A) No person whose driver's or commercial driver's license or 

permit or nonresident operating privilege has been suspended under any provision of 

the Revised Code, other than Chapter 4509. of the Revised Code, or under any 

applicable law in any other jurisdiction in which the person's license or permit was 

issued shall operate any motor vehicle upon the public roads and highways or upon 

any public or private property used by the public for purposes of vehicular travel or 

parking within this state during the period of suspension unless the person is granted 
Licking County, Case No. 2011 CA 00060 4

limited driving privileges and is operating the vehicle in accordance with the terms of 

the limited driving privileges. 

{¶15} “(B) No person shall operate any motor vehicle upon a highway or 

any public or private property used by the public for purposes of vehicular travel or 

parking in this state in violation of any restriction of the person's driver's or 

commercial driver's license or permit imposed under division (D) of section 4506.10 

or under section 4507.14 of the Revised Code. 

{¶16} “(C)(1) (a) Except as provided in division (C)(1)(b) of this section, 

whoever violates division (A) of this section is guilty of driving under suspension, a 

misdemeanor of the first degree. The court shall impose upon the offender a class 

seven suspension of the offender's driver's license, commercial driver's license, 

temporary instruction permit, probationary license, or nonresident operating privilege 

from the range specified in division (A)(7) of section 4510.02 of the Revised Code.

{¶17} “ ***

{¶18} “(5) If the offender previously has been convicted of or pleaded 

guilty to two or more violations of this section or of a substantially similar municipal 

ordinance, the court, in addition to any other sentence that it imposes on the offender 

and if the vehicle is registered in the offender's name, shall order the criminal 

forfeiture of the vehicle involved in the offense to the state.” 

{¶19} A review of Appellant’s driving record reflects that Appellant has 

two previous convictions of R.C.§ 4510.11. Based on these prior convictions, 

forfeiture was mandatory pursuant to R.C. 4510.11(C)(5) as set forth above.
Licking County, Case No. 2011 CA 00060 5

{¶20} Based on the foregoing, we do not find that the trial court abused its 

discretion in ordering forfeiture in this matter.

{¶21} The judgment of the Municipal Court of Licking County, Ohio, is 

affirmed. 

By: Wise, J. 

Gwin, P. J., and 

Delaney, J., concur. 

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 JUDGES 
Licking County, Case No. 2011 CA 00060 6

IN THE COURT OF APPEALS FOR LICKING COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO : 

 : 

 Plaintiff-Appellee : 

 : 

-vs- : JUDGMENT ENTRY 

 : 

J. MARK ELLIOTT : 

 : 

 Defendant-Appellant : Case No. 2011 CA 00060 

 For the reasons stated in our accompanying Memorandum-Opinion, the 

judgment of the Municipal Court of Licking County, Ohio, is affirmed. 

 Costs assessed to Appellant. 

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 JUDGES