Login | March 28, 2025
Appellate panel upholds lower court’s OVI restitution decision
KEITH ARNOLD
Special to the Legal News
Published: March 20, 2025
A Fifth District Court of Appeals panel affirmed the Delaware County Municipal Court’s restitution order for the damage caused to an Ohio State Highway Patrol cruiser that resulted in a drunk-driving arrest of a northwest Columbus man.
The three-judge appellate panel denied 36-year-old Jing Yang’s assertion that the trial court violated R.C. 4511.19(G)(7) when it ordered him to pay more than $5,000 in restitution.
“Here, the trial court found under the facts of the case, the state was a victim and entitled to full restitution,” Fifth District Judge Jason Smith wrote for the panel. “We agree. Just like (State v.) Turner (in 2018), Yang’s criminal conduct in driving under the influence of alcohol caused damage to an Ohio State Highway Patrol cruiser; a cruiser that was not dispatched in relation to him, but parked on the side of the road helping another motorist.”
Smith noted that the state did not seek restitution as a victim carrying out its official duties. Rather, it sought restitution for the economic damages incurred as a result of Yang’s criminal conduct.
“The Supreme Court acknowledged ‘there may be some limited situations in which a governmental agency may be a victim entitled to restitution,’” Smith wrote. “We agree this is such a case and the state qualifies as a ‘victim’ under Marsy’s Law entitled to ‘full and timely restitution from the person that committed the criminal offense.’”
According to case summary, Yang crashed into the rear of an Ohio State Highway Patrol cruiser while the trooper was stopped on the side of the road helping another motorist on Jan. 5, 2024.
The trooper noted Yang smelled of alcohol, his eyes were glassy and bloodshot and he appeared to have urinated on himself.
Yang agreed to submit to a breath test that produced a blood alcohol level of 0.16––twice the legal limit, summary detailed
Yang was charged with five offenses, including operating a vehicle under the influence of alcohol, approaching a public safety vehicle, failure to maintain an assured clear distance ahead and failure to file registration.
He pleaded no contest to an OVI offense on April 3, 2024, but the trial court found him guilty and dismissed his remaining charges, summary provided.
The state requested a restitution order of $16,874 payable to the state treasurer for damages to the cruiser, which was equal to the amount remaining after Yang’s insurance paid his policy limit of $10,000. Yang’s attorney requested a hearing on the issue of restitution and the trial court ordered briefs on the issue of capping restitution at $5,000 under Marsy’s Law.
During a joint restitution and sentencing hearing on April 19, 2024, the trial court acknowledged the issue of restitution was “somewhat of a gray area,” but found under the facts of the case, the state was a victim entitled to full restitution.
By final judgment entry filed the same day, the trial court sentenced Yang to 180 days in jail, 177 days suspended and the remaining three days suspended in lieu of completing a driver-intervention program, and ordered him to pay restitution in the amount of $16,874.
Yang filed an appeal, asserting that the trial court had violated R.C. 4511.19(G)(7) by requiring appellant to pay more than $5,000 in restitution.
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