Posts Tagged ‘reinstatement fee’

Ohio BMV License Suspension

March 20th, 2014

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

Dayton DUI: Don’t Pay Your Reinstatement Fee Until Your Case Is Over…

June 10th, 2013

Charles M. Rowland II may be able to get your reinstatement fee lowered from $475.00 to $40.00.  Whether or not he can do this is not decided until the end of the case.  So Don’t Pay Right Away!

In Ohio, any person who operates a vehicle within the state of Ohio is legally presumed to have given his or her consent to a chemical test of their blood, breath, or urine to determine alcohol content if arrested for OVI (drunk driving).  According to Ohio Revised Code 4511.191, if probable cause exists to believe that you are operating a vehicle while impaired (commonly called a DUI) and you refuse to take a chemical test at the request of law enforcement, your license will be suspended immediately. Depending on previous offenses or refusals, you can have your license suspended for a period of 1 year to 5 years.  After a second offense your vehicle may also be immobilized.  If you take the evidential chemical test and receive a BAC result of .08 or higher, you will receive an Administrative License suspension (ALS) for a period of 90 days – 5 years, depending on how offenses you have on your record.  See, Ohio’s Implied Consent Law, here.  Issues involving juveniles, CDL operators, felony offenses, accident cases and repeat offenders require special attention and should be thoroughly discussed with your DUI attorney.

The arresting officer will forward a copy of the Administrative License Suspension to the Ohio Bureau of Motor Vehicles.  The Ohio BMV will then send you a letter advising you of the suspension and giving you information on how to reinstate your license.  What they don’t tell you is that upon entry of a plea in your case, the Automatic License Suspension will terminate.  If you plead guilty to OVI (drunk driving) or enter a no-contest plea to OVI (drunk driving) the automatic license suspension will terminate. O.R.C. 4511.191.  Ohio law requires the court to suspend your license upon entry of a plea to an OVI offense (example: a first-time OVI offender has a mandatory license suspension of a minimum of six (6) months).  Effectively, your ALS suspension will end and a court suspension will begin.  After serving the term of your suspension, reinstatement of your license is required before you can legally drive.  If, however, your attorney is successful in garnering a reduction to Reckless Operation, O.R.C. 4511.20, and getting the court to agree to terminate your ALS suspension, your reinstatement fee may be dramatically reduced (from $475.00 to $40.00).  Thus, paying the reinstatement fee prior to the end of your case may be unnecessary and unduly expensive.  If you find yourself facing the loss of your license due to an ALS/refusal suspension, it is important that you speak to a DUI attorney right away.

Protecting Your License After Your DUI Is Over

OK, your DUI/OVI case has been resolved… Now what? Here are ten common-sense rules that will guide you through any difficulties that arise after your case.  By following these rules you will reduce the chance that you will have continuing issues with the Ohio Bureau of Motor Vehicles.  Your attorney is your best source of help if you do encounter any problems and should be the first person you call.

  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.
  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 OVIcases 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.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville 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.”

Physical Control & Reckless Operation

February 6th, 2013

All-I-do-Is-DUI-DefenseOften, a client will be presented with a plea offer involving a reduction to a charge called “physical control.”  Physical control is the crime of being in control of a car while you are impaired.  It is a zero point violation under Ohio law and does not carry a mandatory license suspension.  Physical control is usually contrasted with a Reckless Operation.  To determine which reduction is advantageous, we offer this article.  Please talk to your attorney prior to accepting a “physical control” or a “reckless operation” as both have definite pros and cons.

The crime of “Physical Control” involves being in physical control of a vehicle while under the influence of alcohol or a drug of abuse.  This definition means that you do not have to be driving or operating the car.  If a person is in the driver’s position of the front seat of a vehicle, or in the driver’s position of a streetcar, or trackless trolley and having possession of the vehicle’s, streetcar’s or trackless trolley’s key, or other ignition device that person is in “physical control” of the vehicle.  See Cincinnati v. Kelley, 47 Ohio St.2d 94, 351 N.E.2d 85 (1976).

Vehicle is defined at R.C. 4511.01(A) as

every device, including a motorized bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except that “vehicle” does not include any motorized wheelchair, any electric personal assistive mobility device, and device that is moved by power collected from overhead electric trolley wires, or that is used exclusively upon stationary rails or tracks, or any device, other than a bicycle, that is moved by human power.

Thus, one could be convicted of Physical Control of a bicycle, but not a unicycle, tricycle, wheelbarrow or shopping cart. This same quirky logic applies to Ohio’s OVI (drunk driving) statute, R.C. 4511.19.

“Operate” is defined at R.C. 4511.01(HHH) as “to cause or have caused movement.”  But, being found slumped over the wheel of a vehicle whilst the vehicle is running has been found to be operation of the vehicle, State v. Adams, 2007-Ohio-4932 (Ohio Ct. App. 3d Dist. Crawford 2007).  In State v. Mackie, 128 Ohio App.3d 167, 714 N.E.2d 405 (1st Dist. Hamilton County 1998), a defendant’s car was stuck in a snowbank and was incapable of movement.  His conviction was reversed due to insufficient evidence to show intoxication when the vehicle was operable.   The Mackie decision offers a good discussion of the intricacies that are raised by attempting to define “operation.”

Physical Control is a first degree misdemeanor in Ohio which is punishable by a maximum $1,000.00 fine, a license suspension of up to one year and a maximum jail sentence of six (6) months.  Physical Control is preferable to some commercial drivers because it may not count as a “major incident” for CDL purposes.  Unlike a reckless operation charge (O.R.C. 4511.20), Physical Control carries no “POINTS” on your Ohio license.  The court may also require the defendant to attend a 3-day weekend intervention alcohol education course.  Another major benefit of the Physical Control statute (which is also true of Reckless Operation) is that whereas prior OVI convictions trigger enhanced minimum penalties for future OVI convictions, prior physical control convictions would not trigger those enhanced penalties for future OVI convictions.

Reckless operation in Ohio can constitute any number of offenses within the Ohio Revised Code dealing with operation of a vehicle with willful or wanton disregard to persons or property.  Commonly, reckless operation is charged under O.R.C. 4511.20 (all codes sections are set forth below).  There is a separate O.R.C. section dealing with reckless operation while off-road (O.R.C. 4511.201) and while on a watercraft (O.R.C. 1547.07).  O.R.C. 4511.202 is Ohio’s Reasonable Control Statute.

The Ohio Supreme Court, in State v. Earlenbaugh (1985), 18 Ohio St.3d 19, 21-22, stated, “we believe that the statute simply provides two definite and clear bases upon which a finding of guilt may be premised. A person may be found guilty of violating R.C. 4511.20 if he acts willfully. Such conduct implies an act done intentionally, designedly, knowingly, or purposely, without justifiable excuse. Black’s Law Dictionary (5th Ed.1979) 1434. Or conversely, R.C. 4511.20 is violated when a person acts wantonly in disregard of the safety of others. A wanton act is an act done in reckless disregard of the rights of others which evinces a reckless indifference of the consequences to the life, limb, health, reputation, or property of others. (Citations omitted.)”  The statutory definition of reckless operation can be found at Ohio Revised Code Section 4511.20 which states:

4511.20 Operation in willful or wanton disregard of the safety of persons or property.

(A) No person shall operate a vehicle, trackless trolley, or streetcar on any street or highway in willful or wanton disregard of the safety of persons or property.

(B) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

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.

Top 10 Rules For Dealing With The Ohio BMV

January 14th, 2013

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.  We are here to serve you. Call us at 1-888-ROWLAND or (937)318-1DUI before a minor issues results in major problems.

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.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, 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, 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.

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.