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In Re Matter of C.C., 2008-G-2838 (12-19-2008)
Citation: 2008 Ohio 6776Docket: No. 2008-G-2838.
Court: Ohio Court of Appeals; December 18, 2008; Ohio; State Appellate Court
C.C. appeals the judgment of the Geauga County Court of Common Pleas, which imposed a driver's license suspension after he pleaded guilty to Possession of Marijuana. The appeal follows a traffic stop on January 11, 2008, where police discovered marijuana and paraphernalia in C.C.'s vehicle. Subsequent to a denied motion to suppress evidence, C.C. pleaded true to the marijuana possession charge, resulting in a delinquent child adjudication. At sentencing, C.C. objected to the license suspension, arguing it would become public through his BMV records, which the court rejected. C.C. received a suspended detention sentence, community service, an essay requirement, random drug screenings, a $50 fine, and the license suspension under applicable Ohio Revised Code sections. C.C. asserts that the trial court erred in imposing the suspension given the potential public accessibility of the sanction. Relevant statutes indicate the court may impose a driver's license suspension for delinquent adjudications, while juvenile records are generally restricted from public access under Juv. R. 37. The Ohio Administrative Code further limits access to LEADS information, suggesting that while BMV records may be accessed by certain agencies, they are not available to the general public. Records processed through the Law Enforcement Automated Data System (LEADS), including database entries and transaction logs, are not regarded as public records under R.C. 149.43(B), and therefore, the inclusion of a license suspension in LEADS does not breach Juv. R. 37. LEADS is protected from public dissemination by administrative regulations requiring appropriate agreements and forms to be executed prior to access, with regular audits to ensure compliance. Any failure to adhere to these rules can result in termination of services or prosecution, as stated in Ohio Adm. Code 4501:2-10-13(A). C.C.'s argument that potential employers or colleges might misconstrue his license suspension as a criminal record is unfounded, given the protections against unauthorized use and dissemination of LEADS information. C.C. also claims that his license suspension for marijuana possession is publicly accessible via his Bureau of Motor Vehicles record. However, R.C. 149.43(B) stipulates that public records must be made available for inspection, with the definition of public records encompassing those kept by public offices, barring exceptions outlined by state or federal laws. Moreover, R.C. 4501.27(A) prohibits the Bureau of Motor Vehicles from disclosing personal information from motor vehicle records, with specific exceptions for government agencies and legitimate businesses under certain conditions. However, information regarding driving status or violations is explicitly excluded from the definition of 'personal information' and is not subject to the same disclosure restrictions, as clarified in R.C. 4501.27(F)(3). C.C.'s status information regarding his suspension for marijuana possession is part of the Bureau of Motor Vehicles (BMV) records but is not publicly accessible due to Juv. R. 37. C.C. has not provided evidence of any unauthorized dissemination of this confidential information nor cited any statute that allows for public disclosure of his license suspension. Furthermore, there is no proof, apart from a non-public LEADS report, that his suspension would be available to the public. The court correctly sentenced C.C. in accordance with R.C. 2152.19(A)(4)(I) and R.C. 2925.11(E)(2), and any potential improper release of his juvenile record would not implicate the Geauga County Juvenile Court, but rather the individual responsible for the breach. The judgment from the Geauga County Court of Common Pleas, Juvenile Division, upholding C.C.'s driver’s license suspension is affirmed, with costs assigned to the appellant. Judges Colleen Mary O'Toole and Mary Jane Trapp concur in the judgment.