Category: DUI & Driving Privileges

Non-Compliance Suspension?

00Driving Under Suspension, DUI & Driving Privileges, Ohio Traffic LawTags: , , ,


What is a non-compliance suspension? Any driver and/or owner who failing to show proof that they had automobile insurance in effect at the time of an accident/offense/random selection will lose his/her driving and registration privileges for a maximum of two years.  This suspension will stand until the following requirements are met:

  • Carry a certificate of insurance (SR-22/bond) for three years
  • Pay a reinstatement fee

If you get a second non-compliance offense, the penalty is increased. The penalty for a second non-compliance offense in a five-year period is a one-year suspension. The suspension stands until the following requirements are met:

  • Serve one-year suspension
  • Carry a certificate of insurance (SR-22/bond) for five years
  • Pay a reinstatement fee

The penalty for a third non-compliance offense in a five-year period is a two-year suspension. The suspension stands until the following requirements are met:

  • Serve two-year suspension
  • Carry a certificate of insurance (SR-22/bond) for five years
  • Pay a reinstatement fee

The suspension can be removed if valid proof of coverage at the time of the traffic stop or accident is provided to the BMV.

How Do I Fix This?

non-compliance suspensionThere are two important things you need to do. First, consult an attorney. Problems with your license not being valid can snowball. A non-compliance suspension can cause massive problems with the courts and the BMV. Charles M. Rowland II, DaytonDUI, can help you navigate through the process. Second, if you are not sure if your license is valid you can find out by going to the BMV’s website.

Depending on the reason for your driver’s license suspension, you may be able to request a hearing if you want to contest the suspension. Generally, to request a hearing/appeal your suspension, you must either:

  • Mail a written hearing request to:
    Ohio Bureau of Motor Vehicles
    P.O. Box 16784
    Columbus, OH 43216

Most administrative hearing requests must be made within 30 days after receiving your suspension notice. For more information on requesting a hearing/appeal for specific types of suspensions, read the Driver’s License Reinstatement Procedures, or contact the Ohio BMV at (844) 644-6268.

How To Reinstate Your Suspended License

To reinstate your suspended license, you’ll generally need to:

  • Wait-out the duration of your suspension.
  • Satisfy any court requirements/fines, if applicable.
  • Complete a remedial driving course, if required.
  • Retake and pass the driving knowledge and skills tests, if required.
  • File and maintain SR22 car insurance for 3 – 5 years, for non-compliance suspensions.
  • Pay your reinstatement fees.

How To Pay Your Reinstatement Fees

In addition to the steps above, your need to pay your reinstatement fee. Your reinstatement fees can be paid:

  • By mail to the address above, or the address noted on your suspension notice.
  • In person at your local Ohio BMV office.
  • By phone by calling 1-866-OPLATES (675-2837).
  • Online at the Ohio BMV website.

If you visit an OH BMV office, you may need to provide proof of your identity and Ohio residency. The Bureau of Motor Vehicles’ website provides a list of acceptable proofs.

What can you do?

  • Call my office right away.
  • Set up a free consultation.
  • Get your paperwork together.
  • Visit the suspending court.
  • Do not get discouraged.
  • Obtain your court papers.
  • Pull your driving record.
  • Copy your paperwork.
  • Copy and save your emails.
  • Make multiple inquiries.
  • Don’t give up.
  • Call the BMV before our meeting.

I have handled thousands of DUI cases. We can obtain limited driving privileges. We get your life back!

Driving Privileges In The Xenia Municipal Court

00DUI & Driving Privileges, Xenia DUI AttorneyTags: , , , , , , , , , , , ,

xenia oviOne of the many advantages you receive in hiring a good attorney is help in applying for and getting driving privileges. Nothing will make you feel like your life is returning to normal more than being able to drive to work, school or to attend to child care.  We pride ourselves on having someone available to help you even when I am in court. More info

xenia ovi

How To Obtain Driving Privileges In The Xenia Municipal Court

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Obtaining driving privileges in the Xenia Municipal Court is available via an online petition available HERE via the court website.  The Clerks have been instructed by Judge Michael K. Murry to reject applications for driving privileges unless the requests comply with the following requirements:

  1. The request must be completely legible.
  2. The request must be completely legible.
  3. The name, address, and telephone number of the applicant’s supervisor is evident on the application.

If the applicant is requesting driving privileges during working hours, then an explanation of why the applicant needs to have driving privileges during the workday is necessary (i.e., deliver pizzas, make sales calls etc.)  To obtain driving privileges in the Xenia Municipal Court, make your request specific. The applicant must explain where he or she needs to travel, the reason he or she needs to travel to that location, and the specific time of travel.  If the request is complicated, and especially if the request involves different travel requests for different days, then it is recommended that the applicant include a daily schedule on the back of the application. The daily schedule should include the days, hours, and destinations where the applicant would be driving should the Court grant privileges. A written explanation for the schedule should be on the front of the application.

If you are granted driving privileges in the Xenia Municipal Court, you will receive no more than 50 hours per week and no more than 5 days per week will be granted.  Proof of insurance must be included with the application.  Charles M. Rowland II and the staff at DaytonDUI will be available to assist you in preparing the application for driving privileges.  Our goal is to help you get your life back to normal and often, that means getting you driving privileges as soon as possible.  To begin the process of obtaining driving privileges, click here for a printable version of the on-line petition.

Call us if you need help in the Xenia Municipal Court

Should I Blow? Now You Know!

00DUI & Driving Privileges, DUI PenaltiesTags:

When you are stopped on suspicion of OVI the question becomes – “Should I Blow?”  Unfortunately, the answer is “maybe” and involves a very complicated investigation of the facts of your case and your personal history.  You should NEVER refuse the test without understanding how a refusal would affect YOU.  No attorney can know all of the circumstances of your arrest and your personal history, always ask to speak to an attorney when making this decision.

Can you answer “TRUE” to ALL of the following questions? If so, you can politely DECLINE any police test(s) of your blood, breath, or urine with the consequences describe below.  Be prepared and know your rights and take responsibility for your decision.

  1. Iaman Ohio license holder, 21 years or older; AND
  2. I wasnotinvolved in an accident involving possible death or to serious injury to ANYBODY, even members of my family, pedestrians or passengers; AND
  3. I do not have a commercial driver’s license (CDL);AND
  4. No matter where I currently have a license to drive, I have hadno prior drunk driving convictionsor deferred pleas for DUI in ANY state within 6 years (from the date of conviction until now).

should i blowRefusing a chemical test can result in harsh penalties which includes a one-year license suspension, but your attorney can fight to get this reduced.  In some courts your refusal may be held strictly against you and in others you may be able to get a reduced suspension despite your refusal.  If, however, any of the above-stated positions apply, you will face enhanced penalties under R.C. 4511.19(A)(2) which could put you at a significant disadvantage. If any of the above conditions apply, it is a separate violation of law to refuse the chemical test. Asking the arresting officer, “Should I blow” is not the same as getting good legal advice.

In State v. Hill, 2009-Ohio-2468, the Appellate Court upheld the right of a trial court to enhance a penalty based on a refusal to take the chemical test. In most circumstances, a refusal to take a chemical test will result in a longer hard-time suspension (30 days rather than 15 days without any driving privileges on a first offense). [see the Automatic License Suspension section of this blog].  You should also engage in an honest assessment of your alcohol consumption. If you risk testing over Ohio’s “super-OVI” threshold (over a .17% BAC) you may do harm by taking the test.  Take these factors into account when making the decision.

Should I blow, Now you know! Any criminal defense attorney would rather have less evidence against you rather than more, but giving blanket advice to refuse the chemical test is a mistake.  Be prepared to make the best decision for you.  You can also plan ahead by storing my contact 24/7 DUI Hotline in your smart phone: (937)776-2671.

Answering the question “Should I Blow” is an important question that requires the advice of an attorney
with experience handling Ohio OVI cases.


ohio ovi laws

Ohio OVI Laws: Immobilization (First Offense)

00DUI & Driving Privileges, DUI Court ProcessTags: , , , , , ,

If you do not have a prior OVI offense, getting your car back is relatively easy as Ohio OVI laws do not authorize immobilization as a penalty for a first offense.  Here are the steps you should take to get your car back.

  • Locate the proper tow lot;
  • Gather enough cash (or other proper payment) to pay towing and storage fees;
  • Gather proof of ownership; and
  • If you were placed under and Administrative License Suspension, get a licensed driver to drive your car from the impound lot.

If you have trouble with ANY of the items above, contact your OVI attorney and they will help get your car back.  Our office has even gone as far as having our staff drive to the tow lot on our client’s behalf.  It is to your advantage to move quickly in order to save storage fees.

Ohio OVI laws are confusing, it always helps to contact an attorney!