Tag: ohio driving under suspension lawyer

Driving Under Suspension in Ohio

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Ohio’s Driving Under Suspension (DUS) law is formidable.  The statutory scheme encompasses over 20 different types of suspensions ranging from Automatic License Suspensions for DUI offenses to suspensions for failing to purchase adequate insurance coverage. Please click on the links below for specific information. If you need additional information on Ohio’s DUS law, or if you find yourself charged with Driving Under Suspension or any of the myriad offense that require contact with the Ohio Bureau of Motor Vehicles, please contact Dayton traffic attorney Charles M. Rowland II at (937)318-1DUI [318-1384] today.

Types of Suspensions in Ohio

Driving Under Suspension: The Warrant Block

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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

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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?

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12 Point Suspensions 

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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.

Out of State DUI?

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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.