The Cincinnati Enquirer

MIDDLETOWN - The Ohio 12th District Court of Appeals has ruled that convicted drug offenders should not be granted limited driving privileges.

In a decision released Tuesday, the appeals court agreed with Warren County Prosecutor Rachel Hutzel's argument and reversed a lower court's decision.

The Appeals Court said, "It is apparent that the legislature has not provided trial courts with the authority to grant driving privileges to drivers who have had their licenses suspended" for drug offenses.

Under Ohio law, people convicted of drug offenses are subject to a minimum six-month driver's license suspension. But judges sometimes had granted drug offenders driving privileges for work and other reasons.

Hutzel's office had argued that granting driving privileges for drug offenders undermined the penalty for drug offenses.

The decision centered on the case of Phillip Lovely, who was convicted of trafficking in marijuana. As part of his sentence, he got a six-month license suspension. However, the Common Pleas Court gave Lovely driving privileges, including permission to drive to and from college.