Posts Tagged ‘fairborn driving under suspension’

Driving Under An OVI Suspension

December 5th, 2012

I had to get to work.  If I missed another day they were going to fire me, so I drove and got a ticket.  What is going to happen?”

 

English: AMS2000 Ignition Interlock Device man...

Driving under an OVI suspension is a violation of Ohio Revised Code 4510.14.  It is a separate offense from a DUI/OVI charge and carries harsh mandatory penalties.  Most of these charges originate when a person is desperate to live up to their obligations to their work and/or their family.  Often, the automatic license suspension is the worst part of the DUI experience.  It is the position of this author that taking a person’s license prior to being found guilty of an offense is an unconstitutional governmental taking, a violation of the First Amendment’s guarantee of the right of assembly and a violation of Due Process in that a person is to be presumed innocent until proven guilty.  Thus far, these arguments have not carried the day.  Here are the punishments for the various levels of the offense.

FIRST OFFENSE.  A first offense violation of R.C. 4510.14 is a first degree misdemeanor (punishable by a maximum fine of six months in jail and a $1,000.00 fine).  The offense carries a mandatory three day jail sentence and a mandatory Class 7 license suspension of up to one year.  The judge has the discretion to allow the jail time to be served by a minimum of 30 days on Electronic Home Detention (house arrest).  In addition, if the car used in the offense belongs to the offender, a 30 day immobilization of the car and impoundment of plates is required.  Some courts will not consider granting limited driving privileges following this charge because they see the offense as a direct violation of “their” order.  If a court does grant privileges it must be with the restricted yellow plates.  The judge may, but does not have to, require an ignition interlock device.  

SECOND OFFENSE. A second offense violation of R.C. 4510.14 is a first degree misdemeanor (punishable by a maximum sentence of one year  in jail and a $2,500.00 fine).  The offense carries a mandatory ten day jail sentence and a mandatory Class 7 license suspension of up to one year.  The judge has the discretion to allow the jail time to be served by a minimum of 90 days on Electronic Home Detention (house arrest).  In addition, if the car used in the offense belongs to the offender, a 60 day immobilization of the car and impoundment of plates is required.  Most courts will not consider granting limited driving privileges following this charge because they see the offense as a direct violation of “their” order.  If a court does grant privileges it must be with the restricted yellow plates.  The judge may, but does not have to, require an ignition interlock device.  Be aware, a second violation can result in a very big bond being placed and may result in your being in jail until the case can be heard.

THIRD OFFENSE. A third driving under OVI suspension is an unclassified misdemeanor punishable by a maximum sentence of one year  in jail and a $2,500.00 fine.  The charge carries a mandatory minimum of 30 days in jail.  Unlike a first or second violation, Electronic Home Detention (house arrest) is not an option.  Forfeiture of the vehicle is required on a third offense, but the granting of driving privileges is still possible with restricted plates.

INTERESTING NOTES: Ohio has recently reformed its criminal sentencing statutes with the passage of H.B. 163.  H.B. 163 allows use of house arrest with continuous alcohol monitoring in OVI cases, but did not change the Driving Under OVI Suspension statute.  This may have been an oversight as it seems the legislature is attempting to help people keep their job following a DUI/OVI arrest.  Another interesting legal argument relates to the Class 7 (up to one year suspensions).  Since the language of the statute says “up to” does that mean that a judge could order a one day sentence? One hour?  Note that for multiple OVI offenders under suspension, the court may also impound the plates of any other vehicle owned by the offender.  Also note that a permanent loss of vehicle shall be ordered by the court, if, within five years you commit a first offense of driving a vehicle that is immobilized and plates impounded.

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”

Driving Under Suspension: The Warrant Block

December 1st, 2011
English: A man handcuffed to the handle of a l...

Yet another way to earn an Ohio license suspension is to have an outstanding warrant. You can find this suspension at Ohio Revised Code Section 4503.13. What is unique about this suspension is that it is not really a suspension, but a block.  A municipal court can send a report to the Ohio BMV that an arrest warrant has been issued.  Upon the bureau’s receipt of this information, the Bureau of Motor Vehicles (BMV) will deny the person named in the arrest warrant the right to apply for a driver license or vehicle registration.  Because of the nature of the warrant block, it lasts until it is remedied.  To reinstate following a warrant block, the BMV must be notified by the court that all outstanding arrest warrants have been satisfied. Effective September 16, 2004, House Bill 230 requires a reinstatement fee to cover BMV administrative costs.

DrivingUnder Suspension in Ohio is a First Degree Misdemeanor that carries a maximum six (6) month jail sentence and a potential $1,000.00 fine.  A serious offense requires a serious attorney.  I have been fighting driving under suspension charges for over sixteen years.  I will get  you back on the road with a valid Ohio driver’s license. I will do everything possible to protect you from additional license suspensions, excessive fines and jail time.  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.

Changes in Child Support Laws Mean Fewer Suspensions

December 1st, 2011
Band-aides support

Last year over 100,000 parents had their driver’s license suspended for failure to satisfy their child support obligation.  Many advocates suggest that it is an inability to pay not an unwillingness and point to the downturn in Ohio’s economy.  On Wednesday a new law will go into effect allowing parents who pay at least 1/2 (one half) of their child support obligation to avoid a license suspension.  In addition, the law will allow cooperating parents to remove existing license suspensions from their record.

If you face a driver’s license suspension, a driving under suspension charge, or need help with your child support obligation, please contact Brown, Rowland, Babb & Campbell at (937) 318-1384.

Driving Under Suspension: What is a 12-Point Suspension?

December 1st, 2011

12 Point Suspensions 

Zindan / Prison...

Driving under suspension is a serious offense in Ohio. A violation is a first degree misdemeanor and some provisions of the law provide for mandatory jail time.  A twelve point suspension is caused by the accumulation of not less than 12 points on your driving record within a two-year period.  The suspension begins twenty days after Ohio’s BMV sends you a letter putting you on notice of the suspension.  It is not usually a valid defense that the Ohio BMV sent the suspension notice to a prior address.  It is your responsibility under Ohio law to maintain a current address with the Ohio BMV.  Often, our office will get frantic weekend calls because someone was arrested and is being held in jail due to a suspension they did not know about. The best way to avoid this circumstance is to work with a good attorney and be proactive about your license issues.  When you hire an attorney for a Driving Under Suspension Charge you want an attorney who will fight for you in court and help you to get your license valid.  If your attorney does not do both of these things he is only doing half the job.

LENGTH OF A 12-POINT SUSPENSION. A 12-Point Suspension lasts six months. When a judge of a court record suspends a person’s operating privileges and charges points against the person which resulted in a suspension, the registrar shall credit that period of suspension toward their 12-point suspension.

HOW TO APPEAL A 12-POINT SUSPENSION.  If cause can be shown why driving privileges should not be suspended, an appeal may be filed in the county or municipal court in the jurisdiction in which the driver resides, agreeing to pay the cost of the proceedings. Appeal should be filed before the beginning date of the suspension.  If you are a juvenile, an appeal must be filed in the juvenile court where the driver resides.  It is a good idea to get an attorney who can appeal you suspension and/or help you meet the requirements for getting valid.

GETTING VALID.  The requirements for getting valid can be found at O.R.C. 4510.038.  You must successfully complete a remedial driving instruction course given by an accredited remedial school, if you are 18 years of age or younger you may complete the juvenile driver improvement program (See Office Locations by County).  Please do not sign up for this type of course during the pendency of your case.  The course completion date must be after the conviction date of the triggering offense.  You will also be required to file proof of insurance in the form of an SR 22 or Bond.  Form BMV 2000 will be mailed to you as your notification to retake a complete driver license examination. (See Office Locations by County for exam stations).  Additionally, a reinstatement fee will be required.

Charles M. Rowland II and his DUI defense team have been representing persons charged with driving under suspension for over sixteen years.  He has battled out of state suspensions, decades old suspensions, identity theft suspensions, and has learned to ride the waves of Ohio’s turbulent DUS law.  My goal is to see you back on the road and obtain for you a valid Ohio driver’s license. I will do everything possible to protect you from additional license suspensions, excessive fines and jail time. I will help you get your life back on track. Contact me at (937) 318-1DUS or (937) 318-1DUI.

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.