Case Details

General Information

Case Number
23TRC06860
Attorney Name
JOHN FILKINS
Assigned To
ALAN D HACKENBERG
Offense Date
10/16/2023
Date Filed
10/17/2023
Waiverable
No
Affiant Name
SEVITZ, TORY
Affiant Type
Hancock CO Sheriff
Proof of Insurance
Unknown
Muni Name
State of Ohio

Defendant Information

Name
ROBERT M ELLING
Address Line 1
5871 SR 186
Address Line 2
City
MCCOMB
State
OH
ZIP Code
45858
DLN
RR716672
DOB
7/17/1961

Financial Information

Total Cost
$1,447.00
Total Paid
$1,447.00
Total Owed
$0.00

Vehicle Information

Plate State
OH
Plate Number
JXS9747
Vehicle Year
2016
Vehicle Make
FORD
Vehicle Model
F150
Vehicle Color
RED

Warrant Information

Active Warrants
No

Counts

Count Number Citation Number Statute Code Statute Description Plea Finding Finding Date Adjudicated By
1 CO320013536 4511.194B PHYSICAL CONTROL NO CONTEST GUILTY 2/28/2024 ALAN D HACKENBERG
2 CO320013536 4511.19A1H OVI - BREATH NO PLEA DISM COSTS/DEF 2/28/2024 ALAN D HACKENBERG
3 CO320013536 4511.33 DRIVING BETWEEN MARKED LANES NO PLEA DISM COSTS/DEF 2/28/2024 ALAN D HACKENBERG
Count Number
1
Citation Number
CO320013536
Statute Code
4511.194B
Statute Description
PHYSICAL CONTROL
Plea
NO CONTEST
Finding
GUILTY
Finding Date
2/28/2024
Adjudicated By
ALAN D HACKENBERG
Count Number
2
Citation Number
CO320013536
Statute Code
4511.19A1H
Statute Description
OVI - BREATH
Plea
NO PLEA
Finding
DISM COSTS/DEF
Finding Date
2/28/2024
Adjudicated By
ALAN D HACKENBERG
Count Number
3
Citation Number
CO320013536
Statute Code
4511.33
Statute Description
DRIVING BETWEEN MARKED LANES
Plea
NO PLEA
Finding
DISM COSTS/DEF
Finding Date
2/28/2024
Adjudicated By
ALAN D HACKENBERG

Hearing Information

Description Court Date/Time Court Room Heard By
TREATMENT REVIEW REPORT 4/19/2024 8:30:00 AM 206
Suppression 2/28/2024 8:30:00 AM 1 ALAN D HACKENBERG
SECOND PRETRIAL 12/19/2023 10:30:00 AM 203 ALAN D HACKENBERG
Pre-Trial 11/21/2023 1:30:00 PM 203 ALAN D HACKENBERG
Arraignment 10/17/2023 8:30:00 AM 202

Docket Information

Entry Date Entry Text
4/19/2024 Privilege Card Issued
4/10/2024 RCVD COMPLETION REPORT FROM FRC DEF HAS SUCCESSFULLY COMPLETED TRT
3/26/2024 COMMITMENT RETURNED BY HSO (MONTGOMERY) W/ SERV 3 DAYS ON 03/26/24 8AM
3/25/2024 Privilege Card Issued
3/18/2024 Case sent to BCI&I on 03182024
3/18/2024 Case sent to BCI&I on 03182024
3/18/2024 Case sent to BCI&I on 03182024
3/7/2024 TREATMENT REVIEW REPORT set for 04/19/2024 at 08:30 AM in room 206 MEETING IN COMPLIANCE OFFICE
3/6/2024 RECD UPDATE REPORT FROM FRC DEF IS PURSUING RECOMMENDED TREATMENT
3/1/2024 The club was removed from the defendant's vehicle.
2/29/2024 DEFT APPEARED FOR FINGERPRINTING ON 02-29-24 FILED BY HSO
2/28/2024 RECD UPDATE REPORT FROM FRC DEF COMPLETED EVAL WITH FURTHER RECOMMENDED TREATMENT
2/28/2024 Finger Print Return Issued
2/28/2024 Finger Print Requirements Issued
2/28/2024 Paid $1347.00 receipt# 2024406725 paid by ROBERT M ELLING 02906C
2/28/2024 Privilege Card Issued
2/28/2024 PROOF OF INSURANCE SHOWN BY DEFT STATE FARM EFFECTIVE FROM 02/01/2024 THROUGH 08/01/2024
2/28/2024 Commitment After Conviction Issued
2/28/2024 NOTICE FEE of $5.00 assessed
2/28/2024 ALS Disposition Issued
2/28/2024 This matter comes on for consideration of the Defendant's Appeal of Administrative License Suspension imposed by the arresting officer on 10/16/2023 pursuant to Ohio Revised Code 4511.191(H). Upon consideration thereof, the Court finds that the Defendant has established sufficient grounds to terminate his/her administrative license suspension.It is therefore ORDERED, ADJUDGED, AND DECREED that the Administrative License Suspension which was imposed on 10/16/2023 shall terminate immediately.It is further ORDERED that the Defendant's driving privileges are restored immediately, and this entry shall serve as authorization to operate a motor vehicle until such time as his license is reinstated by the Registrar of the Bureau of Motor Vehicles.
2/28/2024 Granting ALS Appeal Issued
2/28/2024 ALS Ordered Terminated
2/28/2024 Plea of NO CONTEST entered on 02/28/2024
2/28/2024 Charge Amended from 4511.19A1A OVI M1 6 points to 4511.194B PHYSICAL CONTROL M1 0 points by on 02/28/2024
2/28/2024 Plea of NO PLEA entered on 02/28/2024
2/28/2024 Plea of NO PLEA entered on 02/28/2024
2/28/2024 Confinement Jail Time Sentenced 90 Day(s) 87 Suspended
2/28/2024 Finding of GUILTY entered for 4511.194B - PHYSICAL CONTROL
2/28/2024 Evaluation Referral Issued
2/28/2024 The defendant appeared in open court and was advised of the nature of the charge, possible penalties, right to counsel, right to jury/court trial, other rights and the various pleas available.The defendant thereafter entered a plea of NO CONTEST to the charge. The Court heard evidence from the prosecution to substantiate the charge. The court entered a finding of GUILTY to the charge.It is ORDERED, ADJUDGED, AND DECREED that the defendant is found GUILTY of PHYSICAL CONTROLORC/CO 4511.194B, 1 priors and is sentenced as follows:1) A fine of $750.00 plus all costs 2) Operator's license SUSPENSION of 365 days .Limited privileges granted on 02/28/2024 conditioned upon issuance of permit by court3) A jail sentence of 90 Day(s) with 87 Day(s) suspended consecutive to be scheduled by the Clerk's office. The defendant is ordered to pay all costs of confinement in a jail or other residential facility pursuant to ORC 2929.28, including but not limited to, a per diem fee for room and board in the jail of up to $108.00 per day, and any other costs provided by statute. 4) Defendant shall obtain an ALCOHOL/SUBSTANCE ABUSE evaluation from a state certified counselor within 30 days, and pursue any recommended course of treatment, and shall further be required to notify this Court every 30 days of his progress 5) No 6 point violations and/or DUS offenses for 1 Year(s). 6) No repetition for 1 Year(s).VEHICLE SHALL BE RELEASED IMMOBLIZATION.
2/28/2024 Rules for Driving Privileges Issued
2/28/2024 Assigned Suspension Class: U - Unclassified
2/28/2024 Modification granted for suspended license
2/28/2024 HOUSEHOLD NECESSITIES TO/FROM COURT TO/FROM MEDICAL APTS TO/FROM TREATMENT MUST CARRY PROOF OF APT
2/28/2024 Finding of DISM COSTS/DEF entered for 4511.33 - DRIVING BETWEEN MARKED LANES
2/28/2024 TC Journal half sheet Issued
2/28/2024 It is ORDERED by the Court that this matter be DISM COSTS/DEF.
2/28/2024 Finding of DISM COSTS/DEF entered for 4511.19A1H - OVI - BREATH
2/28/2024 TC Journal half sheet Issued
2/28/2024 It is ORDERED by the Court that this matter be DISM COSTS/DEF.
1/30/2024 MOTION FOR ADDITIONAL DRIVING PRIVILEGES DENIED by ALAN D HACKENBERG JUDGE on 01/30/2024 (DEFENDANT NEEDS TO OBTAIN AN ALCOHOL EVALUATION AND FOLLOW ANY RECOMMENDED COURSE OF TREATMENT PRIOR TO PRIVILEGES. 2ND IN 10 ALLEGATION WITH HIGH BAC.)
1/29/2024 SUBP FOR DEPUTY T. FAIR-SEVITZ RETURNED BY BLF WITH SERVICE $7.00 FEE
1/29/2024 SUBP FOR DEPUTY T. FAIR-SEVITS FILED BY PROS OFFICE ISSUED TO BLF FOR SERVICE
1/25/2024 Written MOTION FOR ADDITIONAL DRIVING PRIVILEGES filed by DEF ATTY BY FAX on 01/25/2024 (TO-FROM HOUSEHOLD NECESSITIES (GROCERY STORE, GAS STATION, DOCTOR AND DENTIST APPOINTMENTS ON THURSDAYS 9:00AM TO 12:00PM.)
1/23/2024 Assignment Notice File Issued
1/23/2024 Suppression set for 02/28/2024 at 08:30 AM in room 1 by JUDGE ALAN D HACKENBERG
1/18/2024 MOTION TO SUPPRESS SET FOR HEARING by ALAN D HACKENBERG JUDGE on 01/18/2024
1/16/2024 Written MOTION TO SUPPRESS filed by Defendant's Attorney on 01/16/2024
12/19/2023 PT Report Issued
12/19/2023 Recommendation: Pre-Trial held. SET FOR HEARING ON MOTION. JOHN WILL FILE MOTION WITHIN 30 DAYS Time limits pursuant to ORC 2945.71-73 are hereby waived without limitation.
11/22/2023 Assignment Notice File Issued
11/22/2023 SECOND PRETRIAL set for 12/19/2023 at 10:30 AM in room 203 by JUDGE ALAN D HACKENBERG
11/21/2023 PT Report Issued
11/21/2023 Recommendation: Pre-Trial held. SET FOR 2ND PRE-TRIAL.
10/26/2023 5871 SR 186 McComb Ohio 45858
10/19/2023 Assignment Notice File Issued
10/19/2023 Pre-Trial set for 11/21/2023 at 01:30 PM in room 203 by JUDGE ALAN D HACKENBERG
10/19/2023 Paid $100.00 receipt# 2023430116 paid by IMMOBILIZATION 08296C
10/19/2023 PT Veh Immob Entry Issued
10/19/2023 Property Owner Authorization Issued
10/17/2023 MOTION TO IMMOBILIZE VEHICLE GRANTED by ALAN D HACKENBERG JUDGE on 10/17/2023 (This matter came before the Court upon Defendant's motion to release the impounded vehicle in the above referenced matter and further described as follows: 2016 Ford F-150 bearing VIN number 1FTEX1E84GFB00373 and bearing plate number JXS9747 pending the outcome of these proceedings. The Court, having been advised in the premises finds the motion well taken. It is therefore ORDERED, ADJUDGED, and DECREED that Defendant's above referenced vehicle shall be released from impound to be immobilized at his home. Defendant shall pay all costs of immobilization. Defendant's vehicle shall not be operated and must be towed. IT IS SO ORDERED
10/17/2023 Plea of NOT GUILTY entered on 10/17/2023
10/17/2023 Plea of NOT GUILTY entered on 10/17/2023
10/17/2023 Plea of NOT GUILTY entered on 10/17/2023
10/17/2023 JUDGE ALAN D HACKENBERG assigned to case
10/17/2023 Written MOTION TO IMMOBILIZE VEHICLE filed by Defendant's Attorney on 10/17/2023
10/17/2023 Written ENTRY OF APPEARANCE AS COUNSEL filed by Defendant's Attorney on 10/17/2023
10/17/2023 Written WRITTEN PLEA OF NOT GUILTY filed by Defendant's Attorney on 10/17/2023
10/17/2023 Written REQUEST FOR PRETRIAL filed by Defendant's Attorney on 10/17/2023
10/17/2023 Written DEMAND FOR DISCOVERY filed by Defendant's Attorney on 10/17/2023
10/17/2023 JOHN FILKINS filed notice of appearance
10/17/2023 Case Filed on 10/17/2023
10/17/2023 Arraignment set for 10/17/2023 at 08:30 AM in room 202

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