Tag: driving privileges

OVI checkpoint

How Does Ohio Spend Federal Grant Money On OVI?

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Earlier this week I gave you a breakdown of the grant money received by Ohio in fiscal year 2015 from various federal grant programs. As you will recall the total was a whopping $18,020,292.  Of that money, $5,028,774 was received by Ohio in FY 2015 to fight OVI. This post will focus on the Section 405(d) grants that are specifically targeting impaired drivers.

Under the federal program (SAFETEA-LU), Ohio was eligible for this grant in one of two ways: More info

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.

Xenia Municipal Court Case Lookup

Xenia Municipal Court Driving Privilege Forms

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If you are facing an OVI charge in the Xenia Municipal Court, you can apply for driving privileges using their on-line form. The Clerks have been instructed by Judge Michael K. Murry to reject applications for driving privileges unless the driving privileges comply with the following requirements:

1.  The request must be completely legible.

2.  The name, address, and telephone number of the applicant’s supervisor is evident on the application.

3.  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.)

Request must be 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.

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. Any application that a Clerk believes does not comply with the above-mentioned rules will not be accepted. Click here for a printable version.

Of course Xenia OVI Attorney Charles M. Rowland II would love to help you with your Xenia OVI case.

Contact Charles M. Rowland II at (937) 318-1384. Charlie is a former Xenia City Prosecutor and has regularly appeared in the Xenia Municipal Court since 1995.  You should visit XeniaDUI.com or XeniaOVI.com for more information.

Driving Is A Right Not A Privilege

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driving is a rightDriving Is A Right!

Have you ever been told that “driving is a privilege?” Bah! This author argues that the DUI 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. 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.

Attorney Charles M. Rowland II believes that driving is a right and 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.”

To help make sure driving is a right call me or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville

Ohio BMV License Suspension

00Driving Under Suspension, DUI & Driving Privileges, DUI Out-of-State, Ohio BMV Issues, Ohio Traffic LawTags: , , , , , , , , , , , , , , , ,

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