Driving Under Suspension

How Will A DUI Affect My Insurance Costs?

June 9th, 2014

how will a dui affect my insurance costsHow will a DUI affect my insurance costs?”  This is one of the most common questions we get at initial client conferences.  I have grown frustrated in trying to give a short answer that sufficiently covers the nuances of the situation, so – here is my long-winded multi-part answer.

How Will A DUI Affect My Insurance Costs (Part I)

Insurance company evaluators look at you as a risk. Your rates are based on a number of super-secret algorithms and proprietary factors. Having a DUI conviction is just one of many things they look at and consider. Depending on their factors, insurers may raise your rates require you to purchase “high risk” insurance, or cancel your coverage. Some insurers rank a drunk driving conviction as a lesser risk than an at-fault accident, multiple moving violations or a bad credit score. Some treat reductions to a lesser charge more favorably than others. One way of understanding this is to know that a DUI offender with a bad credit score and moving violations will pay more than a person with only a DUI conviction. How high your rates go depends on the driver, the company, whether or not you are an existing customer and whether or not you are willing to shop for quotes.

You can help lower your rates following a DUI if you drive for a few years without any moving violations. Improving your credit score, moving to a home in the suburbs, having kids, trading in that sports car for a minivan and simply getting older also help you lower your rates. Perhaps the most important factor, however, is your willingness to shop, shop, shop. My wife always calls at least five companies, gets three quotes and then uses one companies’ quote against the other offer.

How Will A DUI Affect My Insurance Costs (Part II)

It may happen that you are “dropped” by your insurance company. If this happens, the insurance company has made the decision that your circumstances create a risk too high for them to accept. Does this mean that you will be uninsurable? No. Taking action to change your personal risk factors and shopping wisely will help you find a reasonable insurance rate. Some insurers, agents or salesmen may try to convince you that “high-risk” is anyone who has a DUI and that you should accept this and re-up with your company at a higher rate. Don’t believe it! See above.

How Will A DUI Affect My Insurance Costs (Part III)

The most common element a DUI or DWI offender will encounter after their license and driving privileges have been reinstated is the SR-22 form. The SR-22 is a form that your car insurance company files with the Ohio Bureau of Motor Vehicles.  The form provides the Ohio Bureau of Motor Vehicles with proof of financial responsibility by showing that you have the required insurance coverages in effect.  The filing acts as a guarantee to the Ohio BMV that an insurance company has issued at least minimum liability coverage for the person making the filing.  An SR-22 also requires the insurance company to notify the Ohio BMV if you cancel your coverage, thus creating a system of continuous monitoring.  The BMV usually requires that you file an SR-22 for a period of 3 years from the beginning date of your suspension. Some suspensions may have a 5 year period. The Ohio BMV will accept SR22 filings showing the purchase of either an Auto Liability Insurance Policy, for vehicle owners who want more than the minimum, or a Financial Responsibility Bond, designed for those who want just the minimum coverage.

The minimum mandatory liability insurance coverage required in the state of Ohio for private passenger vehicles is set forth at O.R.C. 4509.51. Ohio mandates the following liability coverage:

  • $12,500 bodily injury liability (BIL) per persson
  • $25,000 for two or more people in one accidents
  • $7,500 property damage liability (PDL) coverage

There are three types of Ohio SR22 certificates available:

  • Ohio SR22 Operators Certificate: 
This covers the driver for the operation of any non-owned vehicle they have been given permission to drive.
  • Ohio SR22 Owners Certificate: 
This covers the driver to drive any vehicles owned by the driver. The certificate may be issued with the details of the make and mode  of the drivers automobile or it may cover any vehicle owned by the driver.
  • Ohio SR22 Operators-Owners Certificate: 
This covers any vehicles owned by the driver and any vehicles that are not owned but the driver has been given permission to drive.

Any vehicle that is registered in Ohio falls under Ohio vehicle laws. R.C. 4509.101 requires that a vehicle’s owner maintain insurance or other acceptable form of financial responsibility coverage on a registered vehicle throughout the registration period of that vehicle.  If you have an out-of-state license and you have received a suspension in Ohio, Ohio has authority to suspend your right to drive in Ohio. This means you may no longer operate a vehicle in this state. Ohio will post your suspension on the National Driver Registry (NDR) and Problem Driver Pointer System. Your home state may check this Registry for suspensions, and may take its own action against your driver’s license. Some states will run NDR checks at the time of license renewal; others will run checks if a vehicle is stopped and the peace officer decides there may be a reason to run the check.  It is up to you to stay on top of all issues related to your SR-22 filing.  Most insurance companies send the Bureau SR-22/Bond filings electronically. These filings are usually processed the same day that they are received.  Some send paper copies of SR-22/Bonds which can take up to 72 hours to process.  We have seen some outrageous delays but it is seldom takes greater than five business days.  Sometimes SR-22/Bonds are rejected and returned to the insurance company because information is incomplete or incorrect.  To access your BMV records and stay on top of your SR-22, please visit HERE.

It is important that your Ohio DUI attorney show the Court your that you had insurance at the time of your alleged DUI offense.  Any driver and/or owner who fails to show proof that financial responsibility was in effect at the time of an accident/offense/random selection, will lose his/her driving and registration privileges for a minimum of 90 days.  Per Senate Bill 123, the length of the suspension will be 90 days for the first offense, one year for a second offense and two years for third and subsequent offenses committed within a five-year period, if the offense occurred on or after January 1, 2004.  The registration and license plates of the motor vehicle involved may be impounded when the defendant is the owner of the vehicle.  In order to regain driving and registration privileges, the individual must comply with the following requirements:

  • Serve out the suspension time, as outlined above;
  • File and maintain Financial Responsibility Insurance (Form SR-22 or Bond) for three years on a first offense, and five years on a second and subsequent offense;
  • Pay Reinstatement Fee. See Reinstatement Fee List for required fee amount.

There is a $50 non-voluntary surrender fee. If registration, license plates and driver license are surrendered within a specified time period (postmarked on or prior to suspension start date), the $50 non-voluntary surrender fee may be deducted from the amount owed. This fee reduction does not apply to individuals driving without a license because their license has expired or has been revoked, or to individuals who have never had a license.  Per House Bill 687, effective October 12, 1994, all driver licenses and license plates received by the Bureau of Motor Vehicles (BMV) will be destroyed. Duplicate driver license and license plates must be purchased by the driver and/or owner once suspensions end and all requirements are met.  Registration privileges and duplicate license plates can be issued prior to the ending date of the suspension if the necessary fees are paid and Financial Responsibility Insurance is filed.  Any party that is going to be placed under a Noncompliance Suspension, resulting from a Crash Report/Accident, UTT Ticket or Random Selection has the option to request an Administrative Hearing.

Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

For more on, “How will a dui affect my insurance costs” contact me, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Ohio BMV License Suspension

March 20th, 2014

BMV License SuspensionThe most common reasons that a person will have a driver’s license suspension by the Ohio Bureau of Motor Vehicles include:

  • Accumulating 12 “points” for traffic violations
  • Driving Without Insurance
  • Operating a Vehicle Impaired (testing over .08 or refusing to test)
  • Drug Offenses
  • Out-of-State DUI/OVI or drug related offenses

If you would like an unofficial copy of your driving record or more information on your type of license suspension or reinstatement, you can visit the BMV web site by clicking HERE.

You should not ignore a notice of suspension because it does not go away unless and until you pay the required reinstatement fees to the Ohio Bureau of Motor Vehicles. You can appeal your BMV suspension by filing a proper petition with your local municipal court which is also empowered to give you driving privileges during the pendency of your license suspension.   The only exception exists if your license is suspended due to a failure to pay child support.  In such cases, petitions for driving privileges will be handled by the county’s Domestic Relations/Family Court.  Once you submit the appropriate paperwork and pay your filing fee, your appeal will be assigned to a Judge. At this time, you can also present a driving permit to the Court for consideration by a Judge. You can request driving privileges for work, educational or medical reasons.

The court will also allow you t set up a payment plan should you not be able to pay off your reinstatement fee in a lump sum.  The Ohio BMV will offer a driver’s license reinstatement fee installment plan to those individuals who have met all their reinstatement requirements except for paying reinstatement fees. The plan will allow individuals owing $150 or more in reinstatement fee to become valid or eligible to retest for a driver license by paying only $50.00 or more every 30 days for as long as it takes to pay their reinstatement fees.

The license suspension appeal process can vary from court to court.  It is often a very good investment to have an Ohio traffic attorney help you through this process.  The attorney will be familiar with the court’s appeal process and the required paperwork.  You should be able to get guidance as to how to get the maximum number of hours allowed by the court.  Often, people will need to address travel needs or have to deal with a work schedule that changes every week.  Again, a good attorney can deal with these issues.  They can also help avoid trouble by filing and re-filing should your circumstances change. It is also important to consider that driving without a valid permit could result in a criminal charge of Driving Under Suspension, a first degree misdemeanor punishable by a $1,000 fine and the possibility of 180 days in jail.

OVI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio and protecting you.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

Ohio BMV license suspension information and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Ohio DUI Laws: An Overview

August 12th, 2013

ohio dui lawsThis post collects together in one place many of the Ohio DUI Laws that arise in drunk driving cases.  

Some Ohio DUI laws are listed because law enforcement will charge these offenses to establish probable cause for pulling over your vehicle.  If you need to find out more about a specific law, or how the statute has been interpreted or applied, call Charles M. Rowland II at (937) 318-1384 or read about the specific Ohio DUI law at the Ohio DUI Law Blog.

Operating a Vehicle Impaired (OVI); O.R.C. 4511.19

This is Ohio’s drunk driving statute (Ohio’s DUI law).  It is a complex and constantly changing statute that encompasses impaired driving by having a prohibited concentration of alcohol or drugs as well as the charge of driving impaired based on no test or a defendant’s refusal to take a chemical test.  The statue has been expanded to include both high-tier and low-tier OVI charges as well as setting the under 21 prohibited concentration.  Ohio DUI laws are complex and require the assistance of an experienced Ohio DUI attorney.

Aggravated Vehicular Homicide; O.R.C. 2903.06

Ohio DUI Laws: Aggravated Vehicular Homicide is a crime that results from the death of another caused by the defendant’soperating a vehicle while impaired (a violation of R.C. 4511.19)  or while driving negligently or recklessly.  The statute  encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in the death.

Aggravated Vehicular Assault; O.R.C. 2903.08

Ohio DUI Laws: Aggravated Vehicular Assault is the crime of causing serious physical harm to a person while violating Ohio’s drunk driving statute.

Operating A Vehicle After Underage Consumption (OVUAC); O.R.C. 4511.19(B)

Ohio DUI Laws: O.R.C. 4511.19(B) makes it illegal for persons under 21 years of age to drive a vehicle with a concentration of .02 percent, but less than .08 percent by weight of alcohol by whole blood or breath, or with an equivalent amount by blood serum or plasma or urine.  (1994 S.B. 82, eff. 5/4/94).

Having Physical Control of a Vehicle While Under the Influence (Physical Control); O.R.C. 4511.194

Ohio DUI Laws: The crime of “Physical Control” involves being in physical control of a vehicle while under the influence of alcohol or a drug of abuse.  This definition means that you do not have to be driving or operating the car.

Reckless Operation; O.R.C. 4511.20

Reckless operation in Ohio can constitute any number of offenses within the Ohio Revised Code dealing with operation of a vehicle with willful or wanton disregard to persons or property. It can be charged as a 3rd degree misdemeanor, a 4th degree misdemeanor or as a minor misdemeanor under Ohio law.

Boating Under the Influence (BUI); O.R.C. 1547.11

Penalties for Boating Under the Influence offenses are set forth at O.R.C. 1547.99 and are similar to those provided for DUI/OVI offenses.  Boating Under the Influence is a first degree misdemeanor and is subject to a minimum 3-day jail sentence and a maximum 6 months in jail.  The 3-day jail sentence can be served in a qualified driver intervention program.  The minimum mandatory fine for a first BUI offense is $150.  The language of the statute is broad, including control of any vessel underway or shall manipulate any water skis, aquaplane, or similar device on Ohio waterways.

Driving in Marked Lanes (Marked Lanes); O.R.C. 4511.33

A marked lanes charge is often a companion charge to a DUI/OVI offense.  It is also a “cue” that the officer may look for based on his/her National Highway Transportation Safety Administration training.

Lanes of travel upon roadways of sufficient width; O.R.C. 4511.25

Going the wrong way on a designated roadway or traveling into the “other” lane may be a violation of the “Lanes of Travel” law.  Some experienced officers choose to charge this offense rather than a Marked Lanes violation or charge this in combination with a Marked Lanes violation.

Turn and Stop Signals; O.R.C. 4511.39

“No person shall turn a vehicle… or move right or left upon a highway unless and until such person has exercised due care to ascertain that the movement can be made with reasonable safety nor without giving an appropriate signal in the manner hereinafter provided. When required, a signal of intention to turn or move right or left shall be given continuously during not less than the last one hundred feet traveled by the vehicle… before turning.”

Underage Consumption or Possession; O.R.C. 4301.69

This statue encompasses the crime of possessing and furnishing alcohol to minors.  If you are under 21 years old, drinking alcohol is illegal in the State of Ohio.  Ohio Revised Code 4301.69(E)(1) provides that “No underage person shall knowingly order, pay for, share the cost of, attempt to purchase, possess, or consume any beer or intoxicating liquor in any public or private place. No underage person shall knowingly be under the influence of any beer or intoxicating liquor in any public place.”  As a parent, you cannot give alcohol to your teen’s friends under the age of 21, under any circumstance, even in your own home, even with their parent’s permission.

Speeding and Assured Clear Distance, Following Too Closely; O.R.C. 4511.21

The speed law is set forth at Ohio Revised Code 4511.21.  It states:(A) No person shall operate a motor vehicle, trackless trolley, or streetcar at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface, and width of the street or highway and any other conditions, and no person shall drive any motor vehicle, trackless trolley, or streetcar in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead.  The law goes on to set forth the “speed limits” or presumed speed limits.  According to the Ohio State Highway Patrol, there were more than 65,500 crashes statewide last year because of drivers following too closely. And of those crashes, 58 died and 18,552 were injured.

License Plate Light Not Illuminated, O.R.C. 4513.05

In Ohio, it is illegal to operate a motor vehicle without a white light illuminating the rear registration plate. See O.R.C. 4513.05.  This law is often used as a pretext for a traffic stop which allows the officer to come into contact with the motorist. This is among the more “ticky-tack” reasons to pull someone over and the public views this as something of an underhanded trick used by law enforcement to justify a stop.

Driving Under SuspensionO.R.C.4510.14

Driving under an OVI suspension is a violation of Ohio Revised Code 4510.14.  It is a separate offense from a DUI/OVI charge and carries harsh mandatory penalties. With the use of “party plates” which stigmatize people convicted of DUI and their innocent family members, and the increased use of computer license plate readers, Ohioans are seeing an increase in the number of people being ticketed for driving under suspension.

Ohio DUI/OVI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

 

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville 

Ohio OVI Law: The Habitual Offender Registry

August 6th, 2013

morguefile free beer can topOhio OVI law states that you  can’t be a chronic alcoholic and drive in Ohio.  Ohio driver’s license laws forbid the issuance of a driver’s license to, or the retention of a license by, a person who is “alcoholic, or is addicted to the use of controlled substances to the extent that the use constitutes an impairment to the person’s ability to operate a motor vehicle with the required degree of safety” (Ohio R.C. 4507.08(D)(1).  Such persons will be placed on Ohio’s Habitual Offender Registry.

If you have an OVI conviction after September 30, 2008 and you have four or more prior OVI (or equivalent) convictions in the past 20 years, you will be placed on the Ohio Habitual Offender Registry.  The Registry includes the name, address, and date of birth of offenders as well as their date of convictions.  The Registry is accessible to the public.  Offenders remain on the Registry until they no longer have five or more offenses within the past 20 years.  Such easily accessible information raises significant privacy concerns.  Ohio is one of very few states that have created such a registry.

If you are placed on the “Habitual Offender Suspension” registry, you will need to take specific steps to be removed.  The Ohio Bureau of Motor Vehicles will monitor your progress by ensuring that the Habitual Offenders completes a treatment / rehabilitation program after the date of the last Ohio OVI conviction.  To be removed from the registry, you must complete the following steps:

1. BMV Form 2326 must be completed by a license physician, licensed psychologist, or a certified alcoholism counselor.  The form must attest that you have completed treatment successfully.

 

2. This person must vouch for the offender’s successful completion of the rehabilitation program and continous sobriety for at least 6 months AFTER completing the program.  

 

3. BMV Form 2326 must be returned to the Ohio BMV within 90 days of it being completed.

 

4. Once this form is completed and submitted, the Special Case / Medical Unit will review all the information and make a decision about lifting the Habitual Offender Suspension.

 

5. If, however, within 1 year from the date of restoration the offender gets convicted of another DUI (or “equivalent offense” the suspension will be reinstated.

 

The following offenses constitute “equivalent offenses” for purposes of the statute: Physical Control Offenses(O.R.C. 4511.194); Misdemeanor OVI convictions (both test and refusal cases); Boating Under the Influence; OVUAC(underage/juvenile OVI); DUID (driving under the influence of drugs); OVI while operating under a Commercial Driver’s LicenseVehicular Assaults(including aggravated vehicular assaults); Vehicular manslaughterInvoluntary manslaughter with alcohol; Vehicular homicide (including aggravated vehicular homicide);

If you face placement on Ohio’s Habitual Offender Registry, please CONTACT Dayton Ohio DUI lawyer Charles M. Rowland II at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263), or text DaytonDUI (one word) to 50500. www.DaytonDUI.com has proudly served Dayton and the Miami Valley since 1995.  He has been featured in both Time Magazine and Car & Driver Magazine for his leading role in DUI Defense. “ALL I DO IS DUI DEFENSE

DUI & The International Driver’s License

July 25th, 2013

IDCECardforSiteIn Ohio, there is no such thing as an international driver’s license for United States citizens.  If you are using an “international driver’s license” in place of a state-issued license, you should stop immediately. It is illegal, and if caught, you will face criminal charges.  If your Ohio State driver’s license has been revoked due to a DUI (now called OVI)you cannot drive here on any other license. If you have a valid license from somewhere else, you may be able to drive in other jurisdictions. Check with local counsel.

If, however, you are a new arrival to the United States you may use a valid license from your home country for up to one year from the date of your arrival in the U.S. Your I-20 or DS-2019 must have been issued for a duration of time that exceeds one year in order to obtain an Ohio Drivers License. (source)  Be sure that your home country has reciprocal driving privileges with the United States before attempting to drive on your home country driver’s license in Ohio.  You can contact the Ohio Bureau of Motor Vehicles at (614) 752-7500.

An international driver’s license, which is not a valid document, should not be confused with an International Driving Permit (IDP), which functions as an official translation of a U.S. driver’s license into 10 foreign languages.  IDPs are not intended to replace valid U.S. state licenses and should only be used as a supplement to a valid license. An IDP is honored in more than 150 countries outside the U.S., but it must be accompanied by a valid driver’s license at all times. It has no value on its own and is not a substitute for a driver’s license.  Valid IDPs can be purchased only from the American Automobile Association (AAA) and the National Automobile Club (NAC), formerly the American Automobile Touring Alliance. These organizations are allowed only to sell permits to drivers older than 18 who possess valid drivers’ licenses issued by a U.S. state or territory. AAA and the NAC charge $15 for each International Driving Permit.

More detailed information about getting an Ohio driver’s license and license plates can be found in the Digest of Ohio Motor Vehicle Laws. (also available in Español and Somali). You can also find information for new Ohio residents who hold a valid driver’s license from another state and want to get an Ohio driver’s license in the Digest.

Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  Immediate help is available by filling out this CONTACT form.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitter updates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI/OVI Defense.  You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.