Posts Tagged ‘failure to comply’

Limited Driving Privileges

July 22nd, 2011

The Limits on Limited Driving Privileges

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Revised Code 4510.021 authorizes courts to grant “limited driving privileges.” The Ohio General Assembly  has taken steps to restrict when a court can grant privileges.   A court cannot grant you driving privileges under the following circumstances:

(1) If you have been charged with an OVI or OVUAC the legislature has enacted “hard-time” during which the court cannot grant you privileges.  In effect, they are acting to restrict a court from conforming with the American principle that you are innocent until proven guilty.  This author has taken the position that the ability to drive is a right which is protected by the First Amendment’s guarantee of the right of assembly. See R.C. 4510.13(A)

(2) If you are charged with either failure to comply with an order of a police officer or willful fleeing and eluding a law enforcement officer, the law imposes “hard time” during which the court cannot grant privileges.  See R.C. 2921.331(E)

(3) If you have been charged with Child Endangering involving the operation under the influence of alcohol, drugs, or both with three or more offenses occurring within the previous six (6) years, the court cannot and will not grant limited driving privileges. See R.C. 2919.22(G)

(4) Restrictions on juveniles who have three or more violations of certain moving violations also trigger provisions limiting the court’s power to grant privileges.  R.C. 4510.31(C)(3)

(5) The legislature has also targeted commercial drivers.  Any CDL holder cannot obtain driving privileges to operate a commercial vehicle during the course of any suspension.  This can have a devastating effect on families who depend on a driver for income and stability.  See R.C. 4506.161

Often I have represented clients who find themselves unable to reinstate their license because they cannot afford to pay the reinstatement fee.  They become trapped in a vicious cycle of getting new Driving Under Suspension charges and getting further and further away from legal driving.  If you are in this position, please call me.  A provision of Ohio law allows you to get an extension of time (180 days) to drive legally while raising money to pay your reinstatement fee. R.C. 4510.10(C)(2).   In addition, some courts (including the Fairborn Municipal Court) have instituted programs to help you become legal.

Dayton Traffic 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.