Driving Under Suspension: What is a 12-Point Suspension?

December 1st, 2011 by DaytonDUI Leave a reply »

12 Point Suspensions 

Zindan / Prison...

Driving under suspension is a serious offense in Ohio. A violation is a first degree misdemeanor and some provisions of the law provide for mandatory jail time.  A twelve point suspension is caused by the accumulation of not less than 12 points on your driving record within a two-year period.  The suspension begins twenty days after Ohio’s BMV sends you a letter putting you on notice of the suspension.  It is not usually a valid defense that the Ohio BMV sent the suspension notice to a prior address.  It is your responsibility under Ohio law to maintain a current address with the Ohio BMV.  Often, our office will get frantic weekend calls because someone was arrested and is being held in jail due to a suspension they did not know about. The best way to avoid this circumstance is to work with a good attorney and be proactive about your license issues.  When you hire an attorney for a Driving Under Suspension Charge you want an attorney who will fight for you in court and help you to get your license valid.  If your attorney does not do both of these things he is only doing half the job.

LENGTH OF A 12-POINT SUSPENSION. A 12-Point Suspension lasts six months. When a judge of a court record suspends a person’s operating privileges and charges points against the person which resulted in a suspension, the registrar shall credit that period of suspension toward their 12-point suspension.

HOW TO APPEAL A 12-POINT SUSPENSION.  If cause can be shown why driving privileges should not be suspended, an appeal may be filed in the county or municipal court in the jurisdiction in which the driver resides, agreeing to pay the cost of the proceedings. Appeal should be filed before the beginning date of the suspension.  If you are a juvenile, an appeal must be filed in the juvenile court where the driver resides.  It is a good idea to get an attorney who can appeal you suspension and/or help you meet the requirements for getting valid.

GETTING VALID.  The requirements for getting valid can be found at O.R.C. 4510.038.  You must successfully complete a remedial driving instruction course given by an accredited remedial school, if you are 18 years of age or younger you may complete the juvenile driver improvement program (See Office Locations by County).  Please do not sign up for this type of course during the pendency of your case.  The course completion date must be after the conviction date of the triggering offense.  You will also be required to file proof of insurance in the form of an SR 22 or Bond.  Form BMV 2000 will be mailed to you as your notification to retake a complete driver license examination. (See Office Locations by County for exam stations).  Additionally, a reinstatement fee will be required.

Charles M. Rowland II and his DUI defense team have been representing persons charged with driving under suspension for over sixteen years.  He has battled out of state suspensions, decades old suspensions, identity theft suspensions, and has learned to ride the waves of Ohio’s turbulent DUS law.  My goal is to see you back on the road and obtain for you a valid Ohio driver’s license. I will do everything possible to protect you from additional license suspensions, excessive fines and jail time. I will help you get your life back on track. Contact me at (937) 318-1DUS or (937) 318-1DUI.

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