[Cite as Olin v. Bur. Of Motor Vehicles, 2011-Ohio-2890.]

Court of Claims of Ohio

The Ohio Judicial Center 

65 South Front Street, Third Floor 

Columbus, OH 43215 

614.387.9800 or 1.800.824.8263 

www.cco.state.oh.us

JEFFREY OLIN 

 Plaintiff 

 v. 

BUREAU OF MOTOR VEHICLES 

 Defendant 

Case No. 2010-09469-AD 

Deputy Clerk Daniel R. Borchert 

MEMORANDUM DECISION

{¶ 1} Plaintiff, Jeffrey Olin, filed this action against defendant, Bureau of Motor 

Vehicles (BMV), alleging his driver’s license was improperly recorded as suspended by 

BMV, which resulted in his vehicle being impounded after a traffic stop by local police 

on July 4, 2010. Plaintiff explained BMV originally recorded his driver’s license as 

suspended beginning November 13, 2009. According to submitted records provided by 

plaintiff, BMV suspended his license due to a failure to show proof of financial 

responsibility (insurance) when receiving a citation (copy submitted) from local police 

incident to a traffic accident on September 22, 2009.1

 Plaintiff advised the local law 

enforcement officer who issued him the ACDA citation “did not mark it for my proof of 

insurance.” On the citation under the caption “FINANCIAL RESPONSIBILITY PROOF 

 1

 Plaintiff submitted a copy of the citation he was issued on September 22, 2009 which indicates 

he was charged with a violation of the assured clear distance ahead (ACDA) statute (R.C. 4511.21(A)) 

when involved in a motor vehicle crash. R.C. 4511.21(A) provides: 

 “(A) No person shall operate a motor vehicle, trackless trolley, or streetcar at a speed greater or 

less than is reasonable or proper, having due regard to the traffic, surface, and width of the street or 

highway and any other conditions, and no person shall drive any motor vehicle, trackless trolley, or 

streetcar in and upon any street or highway at a greater speed than will permit the person to bring it to a 

stop within the assured clear distance ahead.” 
SHOWN” appears the clearly marked box, “No.” In his complaint, plaintiff noted, 

“[w]hen I paid the fine (for the ACDA violation), I once again provided proof of 

insurance, which I provided.” On October 14, 2009 defendant sent plaintiff a “NOTICE 

OF SUSPENSION” letter (copies submitted) informing him that his driver’s license was 

being suspended (effective date, November 13, 2009) based on his failure to show 

proof of insurance incident to the September 22, 2009 ACDA violation. Plaintiff 

apparently did not respond to the BMV “NOTICE OF SUSPENSION” letter. On July 4, 

2010 plaintiff was driving his 2005 Ford Explorer in Akron when he was stopped by local 

law enforcement and charged with speeding as well as driving under license 

suspension for failure to provide insurance proof. Plaintiff asserted his license was 

listed as suspended “because of a clerical error at the BMV.” As a result of his driver’s 

license suspension listing, plaintiff’s Ford Explorer was towed and impounded. Plaintiff 

argued defendant improperly recorded his driver’s license status and he has 

consequently suffered damages in the amount of $197.03; claims representing towing 

and storage costs. The filing fee was paid. 

{¶ 2} In his complaint, plaintiff provided documentation showing he maintained 

insurance coverage for a 1999 Toyota Corolla (effective date September 5, 2009, 

expiration date March 5, 2010). When plaintiff was cited for ACDA on September 22, 

2009 he was driving his 1999 Toyota Corolla; license plate number “EPY5040.” The 

trier of fact finds the September 22, 2009 citation as handwritten by local law 

enforcement listed the license plate number of plaintiff’s Toyota Corolla as “EPY5040.” 

The BMV generated “NOTICE OF SUSPENSION” letter (dated October 14, 2009) 

issued to plaintiff recorded the license plate number referencing the suspension as 

“GRY5040.” Plaintiff argued that due to BMV recording the license plate number as 

“GRY5040” on the October 14, 2009 “NOTICE OF SUSPENSION” the proof of 

insurance he insisted he provided was never applied and his suspension wrongfully 

remained in effect from November 13, 2009 until July 2010 when the suspension was 

deleted from BMV records. Plaintiff asserted that but for defendant’s error in recording 

a wrong license plate number, his driver’s license would have never been suspended. 

{¶ 3} Defendant acknowledged plaintiff’s driver’s license status was recorded as 

suspended for failure to show proof of financial responsibility when he was ticketed for 

ACDA on September 22, 2009 and a subsequent failure to provide such proof to the 
Portage Municipal Court. Defendant explained that BMV acted to suspend plaintiff’s 

driver’s license upon receiving notification from the Portage Municipal Court that he had 

failed to provide adequate proof of insurance. Defendant also acknowledged sending 

plaintiff a notice of suspension letter on October 14, 2009. Defendant noted plaintiff 

responded to this letter by forwarding a copy of the notice of suspension letter bearing a 

handwritten notation: “License plate # is incorrect Correct plate # is: EPY5040.” 

Defendant specifically denied plaintiff submitted any proof of insurance in response to 

the October 14, 2009 notice of suspension for any vehicle including the vehicle bearing 

license plate number EPY5040. Defendant maintained plaintiff did not offer proof of 

insurance to BMV until July 6, 2010 after his vehicle had been impounded on July 4, 

2010. Defendant related that in response to the information received on July 6, 2010, 

plaintiff’s driver’s license was reinstated immediately and the noncompliance 

suspension was removed from his record. Defendant asserted BMV acted properly in 

recording plaintiff’s driver’s license status as suspended until adequate proof of financial 

responsibility was received. Defendant denied any error was made on the part of BMV 

in regard to plaintiff’s record. 

{¶ 4} Considering the information available to defendant, insufficient evidence 

has been offered to show that BMV acted improperly in listing plaintiff’s license as 

suspended. Resulting monetary damages are recoverable when plaintiff proves, by a 

preponderance of the evidence, defendant erroneously records driver’s license 

information. Ankney v. Bureau of Motor Vehicles (1998), 97-11045-AD; Serbanescu v. 

Bureau of Motor Vehicles (1994), 93-15038-AD; Black v. Bureau of Motor Vehicles

(1996), 95-01441-AD. In the instant action, plaintiff has failed to prove that defendant 

erroneously recorded his driver’s license status. In situations based on financial 

responsibility noncompliance, BMV may not bear liability for damages proximately 

caused from suspending a driver’s license in reliance upon erroneous information 

supplied by a municipal court. Sullivan v. Bureau of Motor Vehicles, Ct. of Cl. No. 2006-

04393-AD, 2007-Ohio-1267. Defendant’s records were accurate under the 

circumstances when plaintiff’s cause of action accrued. Elliott v. Bureau of Motor 

Vehicles (2002), 2001-02104-AD, jud. Plaintiff is barred from recovery in situations 

where BMV performs statutory duties acting in reliance upon records supplied by a 

court. Raheem v. Ohio Bur. of Motor Vehicles, Ct. of Cl. No. 2006-06043-AD, jud, 
2007-Ohio-1987. 

 

 

 

Court of Claims of Ohio

The Ohio Judicial Center 

65 South Front Street, Third Floor 

Columbus, OH 43215 

614.387.9800 or 1.800.824.8263 

www.cco.state.oh.us 

JEFFREY OLIN 

 Plaintiff 

 v. 

OHIO BUREAU OF MOTOR VEHICLES 

 Defendant 

Case No. 2010-09469-AD 

Deputy Clerk Daniel R. Borchert 

ENTRY OF ADMINISTRATIVE DETERMINATION

 Having considered all the evidence in the claim file and, for the reasons set forth 

in the memorandum decision filed concurrently herewith, judgment is rendered in favor 

of defendant. Court costs are assessed against plaintiff. 

 

 ________________________________ 

 DANIEL R. BORCHERT 

 Deputy Clerk 

Entry cc: 
Jeffrey Olin John R. Guldin 

1444 Morgan Way Department of Public Safety 

Streetsboro, Ohio 44241 Legal Services 

 1970 West Broad Street 

 P.O. Box 182081 

 Columbus, Ohio 43218-2081 

RDK/laa 

3/7 

Filed 3/25/11 

Sent to S.C. reporter 6/9/11