Ohio BMV Issues

Ohio Driver’s License “POINTS”

January 24th, 2012
A typical speed limit sign in the United State...

One of the most frequently asked questions to my staff involve the issue of POINTS on an Ohio driver’s license.  “Points” under Ohio law are set forth at O.R.C. 4510.036(C).  The statute lists the following as 6-point violations:

6 Point Violations
-Aggravated Vehicular Homicide
-Vehicular Homicide
-Vehicular Manslaughter
-Aggravated Vehicular Assault
-Willful Fleeing and Eluding,
-Failure to Stop and Disclose Identity at Accident
-Street Racing
-Driving Under Suspension
-OVI (drunk driving)
-Unauthorized Use of a Motor Vehicle
-Any felony motor vehicle violation or any felony committed with motor vehicle

Four Point Violations
-Operation of a Vehicle After Underage Consumption
-Operation in Willful or Wanton Disregard of Safety (a reckless operation offense)
-Exceeding the Speed Limit by greater than 30 mph.

Two Point Violations
-Exceeding the Speed Limit of 55 by at least 10 but less than 30 mph
-Exceeding the Speed Limit less than 55 by at least 5 but less than 30 mph.
-Operating a motor vehicle in violation of a restriction imposed by the BMV
-Most other moving violations including operating a vehicle w/o a license.

NOTE: If you are nearing the requisite 12 points that will result in a separate license suspension you can attend a TWO POINT CREDIT COURSE as set forth at R.C. 4510.037(C).  For a more detailed explanation of the credit course or to consult with an attorney about your charge.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI.”

Top 10 Rules For Dealing With The Ohio BMV

December 14th, 2011

Dealing with the Ohio Bureau of Motor Vehicles after an OVI case can be a nightmare. So, you will want to avoid problems before they rear their ugly heads. Don’t worry! You can make this as painless as possible by following these simple rules.  We are here to serve you. Call us at 1-888-ROWLAND or (937)318-1DUI before a minor issues results in major problems.

1. Make sure the Ohio BMV knows how to reach you. The burden is upon you to notify them of any address change. Courts will accept their statement that they sent you information at your last known address as valid even if you did not get it. You can apply for an address change on line at https://www.dps.state.oh.us/bmv/VehSetID.aspx.

2. Make sure the court knows how to reach you.  As with the BMV, the court will send valid notices to your last known address.  Not keeping this information current can be disastrous.  If your probation officer cannot reach you, he/she may issue a warrant for your arrest.

3. Follow the rules!  If you are required to attend a weekend intervention program and/or sign up for treatment, please do so.  Not attending a program and/or missing a schedule evaluation usually results in a letter being sent to the court.  The court, in turn, schedules a hearing on why you have disobeyed.  The hard work of your attorney can be undone.  It is also important to realize that most weekend intervention programs run on a tight schedule.  They can and will lock you out of the program for being late.

4. Follow all the rules!  It is much easier for your attorney to obtain a new driving privilege order than to defend you for driving under suspension.  Please drive only on valid privileges. If your job and/or hours change, make sure the changes are reflected on your order.  You should also only drive at the time and to the location provided for in your order.

5. Show proof of insurance to everyone, all the time, every where…at least twice.  The police officer can mark proof of insurance.  Your attorney can show proof of insurance prior to the disposition of your case.  The judge can mark proof of insurance on the file and the proof can be maintained in the file.  However, the BMV should be sent a separate notice of proof at least two weeks prior to filing for reinstatement.

6. Pay your reinstatement fee.  At least two weeks prior to the end of your suspension arrive at the BMV with your proof of insurance and your reinstatement fee.  I have abandoned giving the advice to mail it in.  Suck it up and go to the BMV in person.  You are likely to have proof that day and all issues will be solved.  You are not valid until the reinstatement fee is paid.

7. Pay your court fees and costs on time.  Failure to do so may result in jail time, driving suspensions and/or monetary fines.  The failure to pay fines may also impact your probation.

8. Renew your license on time even if you are under suspension.  Many times people will avoid paying the renewal during a suspension.  This is not a good idea.  To be valid at the end of your suspension, you must have a valid license.  Unwittingly, you may put yourself in the awful position of having to re-test.

9. If you need identification during a DUI case, please contact the BMV for a “temporary” i.d.  Do not under any circumstances get a state issued identification because this will cancel your license and you will be required to re-test.

10. Keep my number.  We pride ourselves on providing services to our clients after their OVI cases have been concluded.  Contact Charles M. Rowland II at 937-318-1DUI (318-1384) if you run into any problems with the Ohio Bureau of Motor Vehicles.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook, www.facebook.com/daytondui and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

What Happens If I Can’t Show Proof of Insurance?

November 1st, 2011
2003 Ohio sample license plate, edited with wh...

If you appear in court as a result of DUI or any other traffic offense, the Court is required to determine whether or not you had insurance at the time of the offense.  Failing to provide this proof of insurance coverage will result in a suspension from the Ohio Bureau of Motor Vehicles.  The suspension will be called and F.R.A. non-compliance suspension and is in addition to any other suspensions that the court may impose.

If you hire the DUI law firm of Charles M. Rowland II, we will help you file for privileges under the F.R.A. non-compliance suspension as well as helping you maintain privileges due to any “other” suspensions that the court may impose.  Dealing with multiple suspensions can quickly become a nightmare of escalating consequences.  A first offense in five years is a 90 day suspension and you can get privileges upon proof of financial responsibility.  A second offense in five years is a 1 year suspension, but you have to wait 15 days before the court can grant privileges.  A third offense in five years is a 2 year suspension and the court cannot grant driving privileges.

If you have been arrested in Dayton, Springfield, Kettering, Miamisburg, Xenia, Fairborn, Vandalia, Centerville, LebanonSpringboro,Mason, Franklin,  Beavercreek or anywhere throughout the Miami Valley, let the DUI team of Charles Rowland help you navigate the rough waters of a DUI charge and maintain your driving privileges.  “All I do is DUI defense.”

Juvenile Driving Suspensions

August 11th, 2011

JUVENILE DRIVING SUSPENSIONS ARE HARSH!

Juvenile and Domestic Court, Warrenton, Virginia

If you are the parent of a juvenile and he or she admits to a violation of law he or she may face very harsh penalties that affect their ability to drive.  If a child has been adjudicated unruly, delinquent, or a juvenile traffic offender for having committed any act that, if committed by an adult, would be a drug abuse offense, the Ohio Bureau of Motor Vehicles suspends the child’s license until they are 18 years old. ORC Sections 2151.354 & 4510.032(C)(1).  The suspension will stay in stay in place until the child turns 18 or attends and satisfactorily completes a drug abuse or alcohol abuse education, intervention, or treatment program specified by the court.  A reinstatement fee must also be paid to the Ohio BMV.

If you are the parent of a juvenile you may have the best of intentions in making them face the consequences of their actions.  Often, we see parents who wanted to have the child take responsibility in court.  They do not hire an attorney because they fear it would send the wrong message.  I cannot tell you how many times parents bring their child into my office and explicitly tell me they do not want to send the message that you can escape responsibility by hiring an attorney.  These are good people who are trying to do the best for their child.  Unfortunately, we also see many parents who did not hire an attorney and are faced with multiple problems due to the fact that their child can no longer drive.  They fear another arrest for improper driving.  Many parents resent the implication that their child has a drug problem.  Parents do not like being coerced into putting their kids into drug and alcohol treatment in order to secure their license. They are frayed by having to drive or account for rides for their kids.  They come to us for help.

A serious offense requires a serious attorney.  I have been fighting driving under suspension charges for over sixteen years. By fighting hard in the courtroom and negotiating intelligently outside of it, we work to avoid a conviction or mitigate the worst provisions of this charge.  Check me out by clicking on the “About Me” section of this blog and contact me at (937) 318-1384. I practice in Dayton, Springfield, Xenia, Miamisburg, Beavercreek, Vandalia, Huber Heights, Fairborn and I appear in all courts throughout the Miami Valley.

Protecting Your Ohio Driver’s License After Your OVI Case

July 15th, 2011

Dealing with the Ohio Bureau of Motor Vehicles after an OVI case can be a nightmare. So, you will want to avoid problems before they rear their ugly heads. Don’t worry! You can make this as painless as possible by following these simple rules.

1. Make sure the Ohio BMV knows how to reach you. The burden is upon you to notify them of any address change. Courts will accept their statement that they sent you information at your last known address as valid even if you did not get it. You can apply for an address change on line at https://www.dps.state.oh.us/bmv/VehSetID.aspx.

2. Make sure the court knows how to reach you.  As with the BMV, the court will send valid notices to your last known address.  Not keeping this information current can be disastrous.  If your probation officer cannot reach you, he/she may issue a warrant for your arrest.

3. Follow the rules!  If you are required to attend a weekend intervention program and/or sign up for treatment, please do so.  Not attending a program and/or missing a schedule evaluation usually results in a letter being sent to the court.  The court, in turn, schedules a hearing on why you have disobeyed.  The hard work of your attorney can be undone.  It is also important to realize that most weekend intervention programs run on a tight schedule.  They can and will lock you out of the program for being late.

4. Follow all the rules!  It is much easier for your attorney to obtain a new driving privilege order than to defend you for driving under suspension.  Please drive only on valid privileges. If your job and/or hours change, make sure the changes are reflected on your order.  You should also only drive at the time and to the location provided for in your order.

5. Show proof of insurance to everyone, all the time, every where…at least twice.  The police officer can mark proof of insurance.  Your attorney can show proof of insurance prior to the disposition of your case.  The judge can mark proof of insurance on the file and the proof can be maintained in the file.  However, the BMV should be sent a separate notice of proof at least two weeks prior to filing for reinstatement.

6. Pay your reinstatement fee.  At least two weeks prior to the end of your suspension arrive at the BMV with your proof of insurance and your reinstatement fee.  I have abandoned giving the advice to mail it in.  Suck it up and go to the BMV in person.  You are likely to have proof that day and all issues will be solved.  You are not valid until the reinstatement fee is paid.

7. Pay your court fees and costs on time.  Failure to do so may result in jail time, driving suspensions and/or monetary fines.  The failure to pay fines may also impact your probation.

8. Renew your license on time even if you are under suspension.  Many times people will avoid paying the renewal during a suspension.  This is not a good idea.  To be valid at the end of your suspension, you must have a valid license.  Unwittingly, you may put yourself in the awful position of having to re-test.

9. If you need identification during a DUI case, please contact the BMV for a “temporary” i.d.  Do not under any circumstances get a state issued identification because this will cancel your license and you will be required to re-test.

10. Keep my number.  We pride ourselves on providing services to our clients after their OVI cases have been concluded.  Contact Charles M. Rowland II at 937-318-1DUI (318-1384) if you run into any problems with the Ohio Bureau of Motor Vehicles.