Tag Archives: ohio driver’s license

Consequences of a Fake ID

Fake IDs Have Real Consequences

Seal of the Ohio Bureau of Motor Vehicles Source

If you are under the age of 21 years of age and you either (a) use someone else’s identification to buy alcohol, or (b) alter your identification to purchase alcohol, you will find yourself facing a multiplicity of consequences.  O.R.C. 4510.33 carries a one year license suspension.  You will be required to retake the driver’s license examination if the license is altered.  You will also be required to pay a reinstatement fee to the Ohio Bureau of Motor Vehicles.  You can file an appeal within 20 days of the mailing of the notice in the municipal or county court, or if under the age of 18 years, in the juvenile court in whose jurisdiction such person resides. You must agree to pay the cost of the proceedings and allege error by the Registrar of Motor Vehicles in the suspension of the license or in one or more of the matters within the scope of the hearing.  For more information on a Violation of Liquor Law, visit the Ohio BMV HERE.

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.

Limited Driving Privileges

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.

Protecting Your Ohio Driver’s License After Your OVI Case

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.

Out of State DUI?

By Criminal Defense Attorney Mark J. Babb

Many clients have asked us about the consequences of getting an out-of-state DUI.  The exact answer is different for every situation, but it generally relates to something called the interstate compact.  The interstate compact is a system put in place where states communicate driving infractions and other driver’s license information to each other.  Generally, states honor suspensions, forfeitures, and other traffic consequences from other states.  If you are convicted of an out of state DUI, the penalties in the state where the conviction took place are generally limited to that state.  However, if your state is a member of the interstate compact agreement, the convicting state forwards the information to your home state which may or may not choose to take punitive action.

For example if have an Ohio driver’s license and you are convicted of a DUI in West Virginia, the State of West Virginia will suspend your privilege to drive in the state of West Virginia.  Theoretically, at least, that information will be passed on to the state of Ohio who will then put a suspension on your license for receiving an out of state DUI driver’s license suspension.

The interstate compact is a notoriously flawed system and it often occurs that a state does not communicate information to the home state at all, or there is a tremendous delay in relaying the information to the home state.

The consequences of getting an out of state conviction for DUI vary from state to state.  If you have any specific questions about how the Interstate Compact Act may apply in your case, you may want to contact a DUI/DMV specialist in your state.

Ohio BMV Reinstatement Offices

You can pay your reinstatement fee by visiting any of the following BMV REINSTATEMENT OFFICES:

CINCINNATI
10948 Hamilton Avenue
Cincinnati, Ohio 45231
(513) 742-7535 or
(513) 742-7545

CLEVELAND
12000 Snow Road, Suite N
Parma, Ohio 44130
(440) 845-2007

COLUMBUS
1583 Alum Creek Drive
Columbus, Ohio 43209
(614) 752-7600

JACKSON
110 Twin Oaks Drive
Jackson, Ohio 45640
(740) 286-5683

TOLEDO
4400 Heatherdowns Blvd.
Toledo, Ohio 43614
(419) 245-3010

YOUNGSTOWN
Northeast Ohio Regional Service Center
242 Federal Plaza West
Youngstown, Ohio 44503
(330) 797-5550

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