Category: Ohio BMV Issues

teen drivers

Ohio’s Rules For Obtaining A License (Teen Drivers Beware)

00DUI & College, DUI Under 21/Juvenile, Ohio BMV IssuesTags: , , , , , , , , ,

Obtaining a license has changed for teen drivers in Ohio. Ohio employs a three-step process to obtaining a license.

The first step begins when you turn 15 1/2. At this time you may apply for a temporary permit and take the drivers license knowledge exam and the eye test.  If you pass you will receive a confirmation number to present to your local BMV. You are required to bring a copy of your birth certificate and must be accompanied by a parent or guardian.

When you are  driving with a temporary permit, you must be accompanied by a parent, guardian or licensed driving instructor seated in the front passenger seat until you turn 16 years old. At 16, you can  drive with a licensed driver age 21 or older seated in the front passenger seat. You must carry your temporary instruction permit identification card (TIPIC) with you while driving.

These additional rules apply to temporary (TIPIC) drivers:

  • You may not drive with more passengers than the total number or originally installed seat belts and all passengers must be wearing seat belts.
  • You may not drive between midnight and 6 a.m. unless accompanied by a licensed parent, guardian or legal custodian.
  • You must receive a minimum of 24 hours of classroom instruction and eight hours of behind-the-wheel instruction in driver training.
  • You must complete 50 hours of driving with a parent or legal guardian, including at least 10 hours of nighttime driving. Your parents or guardians must verify the hours in writing.

After turning 16 and having had your temporary permit for 6 months, you will be eligible to go to your local BMV to take the driving test and a second vision test. At this time you will present proof that you completed 50 hours of driving time. Upon completing these steps you will be issued your probationary license. Make sure a parent comes with you to sign the application form or get your parent’s notarized signature on the form ahead of time.

Now that you have a probationary license, you are allowed to drive without a parent.  But certain restrictions still apply.  If you have held a probationary license for less than 12 months, you may not drive between midnight and 6 a.m. unless accompanied by a parent or guardian. You can drive to and from work but you must have in your possession written documentation from your job. You can also drive to or from a school activity, or in an emergency. You may also not drive with more than one passenger who is not a family member unless accompanied by a parent, guardian or legal custodian.

After you have driven for one year under the probationary license, Ohio extends your curfew (but not by much). You may not drive between 1 a.m. and 5 a.m. unless accompanied by a parent or guardian with the same exceptions as above. You may not have more passengers than the total number of originally installed seat belts and all passengers must be wearing seat belts. The probationary license is valid until age 18.

At age 18, teen drivers are eligible for a full license if they have successfully completed the probationary license requirements. License applicants age 18 or older who fail the required road or maneuverability test must take an abbreviated driver training course prior to attempting the test a second or subsequent time.

But what if you break the rules?

If you are under 17 and have a probationary license, and if you are convicted of having committed a moving violation during the first 6 months of license issuance, you must then only drive when accompanied by a parent or guardian for the next 6 months or until you turn 17, whichever comes first. Your temporary permit or probationary license can be suspended for periods of up to one year if you are convicted of multiple moving violations or any alcohol-related offense. If your temporary permit or probationary license is suspended, you must meet a number of requirements before your permit or license can be returned, including completion of a juvenile driver improvement program and retaking the driver’s examination.  Ohio’s “zero tolerance” law makes it illegal for teen drivers (under age 21) to drive with a blood alcohol content of .02 or greater.

Teen drivers facing an Ohio OVI offense, please give us a call!

 

vandalia-municipal-court

The Vandalia Municipal Court License Intervention Program

00DUI & Driving Privileges, Ohio BMV Issues, Vandalia DUI AttorneyTags: , , , , , , ,

As a Vandalia OVI attorney, we are often confronted with the reality that current law makes managing your Ohio operator’s license a mess.  We spend a great deal of time and effort fixing any issues that you may have had in the past and get you driving privileges.

Luckily, the Vandalia Municipal Court offers a License Intervention Program that is accessible to all.  The License Intervention Program (LIP) is managed through the Probation Department.  This program assists individuals in obtaining a valid Ohio operator’s license or driving privileges.  The individual must meet the criteria as set by the Court.

You can reach the Vandalia Municipal Court Probation Department at (937) 415-2228, or the Probation Office Fax at (937) 415-2367.  The Probation Department is located on the second floor of the Vandalia Justice Center, 245 James E. Bohanan Memorial Drive, P.O. Box 429, Vandalia, OH 45377-2393.

If you need a Vandalia DUI attorney to help with a DUI charge, please contact Charles M. Rowland II at (937) 318-1384 or visit www.VandaliaDUI.com.

Driving Is A Right – Not A Privilege!

00DUI & Driving Privileges, Ohio BMV IssuesTags: , , , , , , , , , , , , , ,

Driving Is A Right – Not A Privilege!

driving is a rightHave you ever been told that “driving is a privilege?” Bah! This author argues that case law needs to be expanded to include “driving” as a fundamental right under the First Amendment’s Freedom of Assembly. Thus, the analysis should be under the substantive due process analysis not simply under the procedural due process analysis.

Because the human rights of freedom of movement, right to earn a living and the right to peaceably assemble are only capable of being maintained with a valid driver’s license, the Court should require a more rigorous standard before depriving someone of this basic right. Driving is a right because the right to drive is a fundamental right that is deeply rooted in American history and tradition. Why is it important to establish driving as a fundamental right? Where the right is not a fundamental right, the court applies a rational basis test: if the violation of the right can be rationally related to a legitimate government purpose, then the law is held valid. If the court establishes that the right being violated is a fundamental right, it applies strict scrutiny. Strict scrutiny asks whether the law is justified by a compelling state interest, and whether the law is narrowly tailored to address the state interest.

I base this claim on cases decided in the United States Supreme Court. DUI case law analysis at the United States Supreme Court provides that driving is not “just” a privilege as alleged and assumed by most Ohioans. You may have heard the expression that a driver’s license is “a privilege — not a right”, and thus there were few effective remedies available to a driver who wished to contest a suspension. The U.S. Supreme Court changed that in Bell v. Burson, 402 U.S. 535 (1971), recognizing that a license’s “continued possession may become essential in the pursuit of a livelihood”. Because of their value, then, they “are not to be taken away without that procedural due process required by the Fourteenth Amendment”. The Court premised its opinion on the Fifth and Fourteenth Amendments protections that neither the State or Federal government can deprive a person of life, liberty or property without due process of law. Without this decision it is likely that the police would confiscate your license without any recourse in or appeal. See also, Mackey v. Montrym (1979) 443 U.S. 1, involving a license suspension for refusing to submit to a DUI breath test. But they need to go further.

To understand why driving is a right in light of DUI case law, it is important to understand how the United States Supreme Court analyzes due process issues. “The Supreme Court has identified two distinct categories of fundamental liberties. The first category includes most of the liberties expressly enumerated in the Bill of Rights. Through a process known as “selective incorporation,” the Supreme Court has interpreted the Due Process Clause of the Fourteenth Amendment to bar states from denying their residents the most important freedoms guaranteed in the first ten amendments to the federal Constitution. Only the Second Amendment right to bear arms, the Third Amendment right against involuntary quartering of soldiers, and the Fifth Amendment right to be indicted by a grand jury have not been made applicable to the states. Because these rights remain inapplicable to state governments, the Supreme Court is said to have “selectively incorporated” the Bill of Rights into the Due Process Clause.

The second category of fundamental liberties includes those liberties that are not expressly enumerated in the Bill of Rights but which are nonetheless deemed essential to the concepts of freedom and equality in a democratic society. These unenumerated liberties are derived from Supreme Court precedents, common law, moral philosophy, and deeply rooted traditions of U.S. Legal History. The word liberty cannot be defined by a definitive list of rights, the Supreme Court has stressed. Instead, it must be viewed as a rational continuum of freedom through which every facet of human behavior is safeguarded from Arbitrary impositions and purposeless restraints. In this light, the Supreme Court has observed, the Due Process Clause protects abstract liberty interests, including the right to personal autonomy, bodily integrity, self-dignity, and self-determination. Id. Let’s get driving, freedom of movement and freedom of assembly to be included as a fundamental liberty.

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 info on the argument that driving is a right not a privilege, check these city-specific sites at the following links:

Fairborn, Dayton, Springfield,Kettering,Vandalia,XeniaMiamisburg,Huber HeightsSpringboroOakwood,Beavercreek, Centerville

New Format For Ohio Drivers License

00Ohio BMV IssuesTags: , , , , , , , ,

ohio drivers licenseEffective  January 5, 2015, the Ohio Bureau of Motor Vehicles (BMV) will issue a new format of the Ohio Drivers License (DL) and Identification Cards (ID) to customers renewing their DL or ID.

Visible changes to the DL and ID include:
•Blue/green card in place of the salmon colored card
•Laminate on front of card now contains the word “OHIO” and the year “1803” near the top of the card

Individuals holding an Ohio Drivers License or ID printed in the old formats are still valid until the DL or ID is expired. Customers are not required to obtain a replacement DL or ID if they have the old format. If you wish to obtain a new DL or ID, before your current DL/ID expires, you may do so by paying a $25.75 (DL) or $8.50 (ID) fee at your local Deputy Registrar. Anyone with questions regarding the new format should contact the Ohio BMV at 614-752-7500.

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 your Ohio Drivers License, please check out these city-specific sites:

Fairborn, Dayton, Springfield, Kettering,Vandalia,Xenia,Miamisburg, Huber Heights,Springboro,Oakwood,Beavercreek, Centerville

 Keywords: Dayton DUI, Dayton OVI, Ohio Drivers License,

Your Ohio BMV Reinstatement Fee

00Ohio BMV IssuesTags:

Here is everything you ever wanted to know about your Ohio BMV Reinstatement fee and how to go about getting your license back.  If you need more information, please contact us via the information given below. Thanks!

reinstatement fee

Operator License Reinstatement
Fee
ORC Section 4511.191 (F)(a thru h)
OVI Conviction Date before 03/14/89
$75.00
OVI Conviction Date between 03/15/89 thru 07/24/90
$100.00
OVI Conviction Date between 07/25/90 thru 06/30/93
$125.00
ALS/OVI Arrest Date between 07/01/93 thru 09/30/97
$250.00
ALS/OVI Arrest Date between 10/01/97 thru 09/15/98
$280.00
ALS/OVI Arrest Date between 9/16/98 thru 11/02/00
$405.00
ALS/OVI Arrest Date between 11/03/00 thru 09/29/08
$425.00
ALS/OVI Arrest Date on/after 9/30/08
$475.00
Physical Control Suspension
$475.00
Non-Compliance Reinstatement
ORC Section 4509.101 (A5a)
Incident/Accident prior to 04/20/95
$30.00
Incident/Accident after 04/19/95
First Offense
$75.00
Second Offense within 5 years
$250.00
Third Offense within 5 years
$500.00
Incident/Accident after 10/16/09
First Offense
$100.00
Second Offense within 5 years
$300.00
Third Offense within 5 years
$600.00
Random Selection
$100.00

Note: There is a $50.00 additional non-voluntary surrender fee on all of the above non-compliance suspensions if the driver license and registration plates are not surrendered in the required amount of time.

Non-Resident Reinstatement
ORC Section 4511.951(A)
Non-Resident Violator Compact Suspension
$12.50
If mailing date on Suspension Notice is 10/01/97 or greater
$30.00
Vehicle Registration Reinstatement
ORC Section 4503.233 (A2e)
Immobilization
$100.00
License/Bond Forfeiture Reinstatement
ORC Section 4510.22
LF/BF mail date between 9/16/04 and 10/15/09
$15.00
LF/BF mail date on or after 10/16/09
$25.00
Warrant Block Reinstatement
ORC Section 4503.13
On or after 9/16/04
$15.00
Child Support Reinstatement
ORC Section 3123.58
Child Support
$25.00

Suspension Fees

Per HB 1, the following suspension types will have a $40 Reinstatement Fee attached to them if they run longer than 89 days or are indefinite at setup time; and either have suspension notice mailing dates of 10/16/09 or later, or in the case of a court action, an offense date of 10/16/09 or later: ($30 Reinstatement Fee if dates are 10/01/97 or later and prior to 10/16/09 per HB 210):
Suspensions
C5 Out-of-State Drug Offense P3 Probationary Suspension – Three Violations
DL Disqualification PD Probationary Suspension – OVI
FR License Cancellation Fraudulent
Issuance – CDL
RV Restriction Violation
LS Liquor Law SD School Dropout
ND NDR Suspension SP Probationary Revocation
P1 Probationary Suspension – OVUAC S1 12-Point Suspension
P2 Probationary Suspension – Two
Violations
Court Actions
C4 Ohio Drug Offense RF Implied Consent
CV Court Suspension – Major Offense
w/o FRA
RF Administrative Revocation
JS Juvenile Suspension SC Court Suspension
MN Court Suspension – Minor Offenses SW School Weapons Suspension
MR Moped Suspension UA Underage Alcohol Consumption Suspension
PR Permanent Revocation

BMV Fee Payment Plan

ORC Section 4510.10
The Ohio BMV offers a driver 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.Click here for more information.

Discharge in Bankruptcy

ORC Section 4510.10(G)
Ohio law considers reinstatement fees as a debt that may be discharged in a bankruptcy. The BMV needs to be in receipt of a copy of the Petition or Discharge in Bankruptcy and a copy of the Schedule of Debts indicating the debts that were included in the bankruptcy. The BMV will review the documentation and remove the fees from your record that were included in the bankruptcyBankruptcy documentation may be filed in person at any Reinstatement Center location or may be mailed to the Ohio Bureau of Motor Vehicles, Attn: Compliance Unit, P.O. Box 16583, Columbus, Ohio 43216-6583

 

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 info on your Ohio BMV Reinstatement Fee, check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber Heights, Springboro, OakwoodBeavercreekCenterville