COURT OF APPEALS OF OHIO, EIGHTH DISTRICT 
                        COUNTY OF CUYAHOGA 
                             NO. 69268
CITY OF SHAKER HEIGHTS,            :
                                   :
          Plaintiff-Appellee       : 
                                   :         JOURNAL ENTRY 
       vs.                         :              and
                                   :            OPINION 
DIANE DUNCAN,                      : 
                                   : 
          Defendant-Appellant      : 
DATE OF ANNOUNCEMENT
OF DECISION                        :    OCTOBER 3, 1996        
CHARACTER OF PROCEEDING            :    Criminal appeal from 
                                   :    Shaker Heights Municipal
                                   :      Court
                                   :    Case No. 94-TRC-1473
JUDGMENT                           :    AFFIRMED. 
DATE OF JOURNALIZATION             :    _______________________
APPEARANCES: 
For plaintiff-appellee:            Gary R. Williams
                                   Chief Prosecutor
                                   City of Shaker Heights
                                   3400 Lee Road
                                   Shaker Heights, Ohio  44120
For defendant-appellant:           Larry W. Zukerman
                                   Paul B. Daiker
                                   ZUKERMAN & ASSOCIATES
                                   160 Signature Square I
                                   25201 Chagrin Boulevard
                                   Cleveland, Ohio  44122
                                -2-
NAHRA, J.: 
     Appellant, Diane  Duncan,  is  appealing  her  conviction  for
driving with a  concentration of .10 of one gram or more of alcohol
per  210  liters  of  breath,  Shaker  Heights  Codified  Ordinance
1133.01(A)(3).  Appellant was tested  with an alcohol concentration
of .19 on December 10, 1994.   An administrative license suspension
was immediately issued,  pursuant to R.C.  4511.191.  As  appellant
had a prior conviction for DUI, the suspension was for one year.
     Trial was set for February 21,  1995, but the prosecutor moved
to continue due to the unavailability of the police officer.  Trial
was  set for March 13, 1995.   Appellant moved to continue, waiving
her speedy trial rights.  A bench trial was had  on March 27, 1995,
and appellant was found guilty.  
     On June 19, 1995, after a presentence  investigation report, a
sentence was imposed including an $800  fine, 30 days in jail,  and
license suspension of three  years except for employment  and other
limited  purposes.    The  court  also ordered  the  administrative
license  suspension  terminated, and  ordered  the Bureau  of Motor
Vehicles to refrain from charging the $250 reinstatement fee. 
     Appellant's assignment of error states:
     THE  TRIAL  COURT  ERRED  IN   FINDING  THAT  A  CRIMINAL
     PROSECUTION UNDER  SECTION 1133.01 OF THE  SHAKER HEIGHTS
     MUNICIPAL  CODE  FOLLOWING   AN  ADMINISTRATIVE   LICENSE
     SUSPENSION  UNDER SECTION  4511.191  DOES NOT  CONSTITUTE
     MULTIPLE PUNISHMENTS FOR THE SAME OFFENSE IN VIOLATION OF
     THE DOUBLE JEOPARDY CLAUSE IN THE FIFTH AMENDMENT TO  THE
     UNITED STATES CONSTITUTION, AND ARTICLE  I, SECTION 10 OF
     THE OHIO CONSTITUTION.
                                -3-
     The  Supreme Court  of  Ohio  recently  held that  a  criminal
prosecution   for  DUI  subsequent  to  an  administrative  license
suspension is not precluded by double jeopardy.  State v. Gustafson
(1996), 76  Ohio St.3d  425.  Short  term license suspensions  of a
reasonable time may be characterized as remedial, not punitive, and
thus not a  multiple punishment.   Id.   An administrative  license
suspension ceases to be remedial and  becomes punitive in nature to
the extent the suspension continues  subsequent to adjudication and
sentencing.  Id.  Before sentencing, the suspension is remedial and
necessary to protect the driving public. Id.
     Appellant's  administrative  license  suspension  ceased  upon
sentencing.    The  six  month  administrative suspension  was  not
unreasonable in duration.   Appellant was  not denied her right  to
speedy trial and a sentence was timely imposed.  The administrative
license  suspension  in  this  case   was  remedial.    Appellant's
conviction did not violate double jeopardy.
     Accordingly, appellant's assignment of error is overruled.
     The decision of the trial court is affirmed. 
                                -4-
     It  is ordered  that appellee recover  of appellant  its costs
herein taxed.  
     The court finds there were reasonable grounds for this appeal.
     It is ordered that a special  mandate issue out of this  court
directing the Shaker Heights Municipal Court to carry this judgment
into execution.   The defendant's conviction having  been affirmed,
any bail pending appeal  is terminated.  Case remanded to the trial
court for execution of sentence.    
     A certified  copy of this  entry shall constitute  the mandate
pursuant to Rule 27 of the Rules of Appellate Procedure.  
BLACKMON, P.J., and   
O'DONNELL, J., CONCUR.                                           
                                           JOSEPH J. NAHRA
                                               JUDGE 
N.B.   This entry is an announcement of  the court's decision.  See
App.R. 22(B), 22(D) and  26(A); Loc.App.R. 27.  This  decision will
be journalized and will become the judgment and order of the  court
pursuant to App.R. 22(E) unless  a motion for reconsideration  with
supporting brief, per App.R.  26(A), is filed within ten  (10) days
of the announcement  of the court's decision.  The  time period for
review  by the Supreme  Court of Ohio  shall begin to  run upon the
journalization  of  this court's  announcement  of decision  by the
.