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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.

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Posted in Driving Under Suspension, DUI & Driving Privileges, Ohio BMV Issues, Speeding

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Kettering Municipal Court Traffic Safety Program

December 12th, 2011

Kettering Municipal Court offers a Traffic Safety Program for eligible participants which allows you to attend a class instead of receiving points for your traffic citation(s). Classes are held monthly on a Tuesday evening from 6:00 to 9:00 p.m. and are taught by police officers at either the Kettering Police Department, 3600 Shroyer Road, or the Centerville Police Department, 155 W. Spring Valley Road. Upon successful completion of the program, your citation will be dismissed and will not appear on your driving record, and you will receive no points on your driving record.

You may be eligible for the Traffic Safety Program if:

  • You can provide proof of automobile insurance
  • Your traffic violation does not have any accompanying criminal charges
  • You have not had a moving traffic violation within the last 24 months
  • You have not been through the Kettering Traffic Safety Program within the last 24 months
  • You plead guilty to the offense by signing the back of your ticket
  • You have not already paid the fine for your citation
  • You must register and pay for the class by the court date listed on your citation

In addition, if you were cited for any of the following violations, you will not be eligible for the program:

  • Driving under suspension
  • Driving under the influence (of alcohol or other drugs)
  • Drag Racing
  • Reckless operation/fleeing police
  • Passing a school bus and school zone violations 10 mph or more over the limit
  • Leaving the scene of an accident
  • Traffic accident violations and violations that may result in liability issues
  • Intentional damage to property or injury to persons

The Traffic Safety Program Director has the right to deny entry to anyone based on past history or inability to meet program criteria.

Sign Up for the Program

If you would like to sign up for the Traffic Safety Program, you must apply in person at Kettering Municipal Court Probation Department. Be sure to come in to apply on or before your court date.

Please be aware: failure to attend the class when assigned will result in a guilty plea being accepted by the Court and the fee for the program will be applied to court costs, fines and school costs. For questions about the program, please contact our Probation Department at 937-296-3328.

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.

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Posted in Kettering DUI Attorney, Ohio Traffic Law, Speeding

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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, Lebanon,  Springboro,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.”

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Posted in Driving Under Suspension, DUI & Driving Privileges, Ohio BMV Issues, Speeding

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“Pull Over for Cops” Law Challenged

September 9th, 2011
A motor officer writes a traffic ticket for a ...

In Ohio you are required, upon approaching a law enforcement vehicle with its lights displayed, to proceed with caution and with due regard to weather and traffic conditions, change lanes if possible.  If you cannot merge then you are required to proceed with caution.  Anyone who has seen those horrific videos of officers being hit by oncoming cars understands the necessity and sanity of this law.

Not pulling over can also serve as probable cause to stop a vehicle. State v. Korman, 11th Dist., 2006-Ohio-1795.  Further, even if an officer is not able to observe a traffic infraction, he or she may initiate a valid traffic stop if they can ascertain reasonable suspicion and articulable facts that a law is being or has been violated State v. Melone, 11th Dist. No. 2009-L-047, 2009-Ohio-6710, at ¶26, citing Berkemer v. McCarty (1984), 468 U.S. 420, 439.  Even if no infraction has taken place, the stop will be upheld so long as reasonable and articulable suspicion exists. State v. Andrews (1991), 57 Ohio St.3d 86, 87.

In Village of Kirtland Hills v. Rinkes, 2011-Ohio-2713, a motorist was charged with violating the Kirtland ordinance requiring him to pull over.  The officer was in a stationary emergency vehicle when he witnessed the defendant pass his vehicle.  He gave a warning to the stopped car and proceeded to trail the defendant for the “not pulling over” violation.  While behind the defendant he observed weaving within his lanes, but no traffic violation.  Defendant was subsequently charged with an OVI (drunk driving) offense and filed a motion to suppress challenging the stop.

At a motion to suppress hearing the State bears the burden of going forward. In Xenia v. Wallace (1988), 37 Ohio St.3d 216, the Supreme Court of Ohio held:
{¶22} “Once a defendant has demonstrated a warrantless search or seizure and
adequately clarified that the ground upon which he challenges its legality is lack of probable cause, the prosecutor bears the burden of proof, including the burden of going forward with evidence, on the issue of whether probable cause existed for the search or seizure.” Id. at paragraph two of the syllabus.  In the Kirtland Hills case supra , the issue was not that the defendant should have merged, but whether the State had evidence that he could have merged. When the village was not able to produce evidence that the defendant could have merged safely, they threw out the stop.  The court concluded, “A lack of evidence, by itself is no evidence.”

The 11th District Court of Appeals agreed, holding “[w]e cannot conclude, under the circumstances of this case, however, that the arresting officer’s admitted mistake of fact was either understandable or a reasonable response to the situation. The evidence before the court demonstrated that, as appellee passed the officer’s location, another vehicle was immediately behind appellee’s vehicle in the passing lane.”  The decision of the Willoughby Municipal Court was affirmed.  To see the decision of the court click HERE.

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.  Visit www.DaytonDUI.com, or www.OhioDUIdefense.com.  Immediate help is available by filling out the CONTACT form on any of these pages.  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@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

 

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Rules for Driving in an Ohio Construction Zone

July 25th, 2011

Here is the law regarding increased penalties for committing an offense in a designated construction zone.

Flagger symbol in construction zone. This is a...

O.R.C. 5501.27 Increased penalties for traffic violations in construction zone.

(A) The director of transportation shall adopt rules that do the following:

(1) Rules governing the posting of signs advising motorists that increased penalties apply for certain traffic violations occurring on streets or highways in a construction zone;

(2) Rules governing the posting of signs to be used pursuant to section 2903.081 of the Revised Code giving notice to motorists of the prohibitions set forth in sections 2903.06 and 2903.08 of the Revised Code regarding the death of or injury to any person in a construction zone as a proximate result of a reckless operation offense or speeding offense.

(B) The rules required under divisions (A)(1) and (2) of this section shall include guidelines to determine which areas are appropriate to the posting of such signs. The guidelines may include consideration of the following: the duration of the work on the street or highway, the proximity of workers to moving traffic, the existence of any unusual or hazardous conditions, the volume of traffic on the street or highway, and any other appropriate factors. The director shall formulate design specifications for the signs described in division (A)(1) of this section advising motorists of the increased penalties and the signs described in division (A)(2) of this section notifying motorists of the prohibitions set forth in sections 2903.06 and 2903.08 of the Revised Code regarding the death of or injury to any person in a construction zone as a proximate result of a reckless operation offense or speeding offense as described in that division. For purposes of traffic violation penalties, nothing in this section is intended to conflict with any standard set forth in the federal manual of uniform traffic control devices for streets and highways.

(C) As used in this section and in section 4511.98 of the Revised Code, “construction zone” means that lane or portion of street or highway open to vehicular traffic and adjacent to a lane, berm, or shoulder of a street or highway within which lane, berm, or shoulder construction, reconstruction, resurfacing, or any other work of a repair or maintenance nature, including public utility work, is being conducted, commencing with the point where the first worker or piece of equipment is located and ending where the last worker or piece of equipment is located.

Dayton DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver.  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.

 

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Posted in Ohio Traffic Law, Reckless Operation, Speeding

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