Affirmative Defenses to a Driving Under Suspension Charge
Ohio law provides two affirmative defenses to the crime of driving under suspension. Ohio Revised Code section 4510.04, Affirmative defenses to driving under suspension or cancellation, provides in pertinent part,
It is an affirmative defense to any prosecution brought under section 4510.11, 4510.14, 4510.16, or 4510.21 of the Revised Code or under any substantially equivalent municipal ordinance that the alleged offender drove under suspension, without a valid permit or driver’s or commercial driver’s license, or in violation of a restriction because of a substantial emergency, and because no other person was reasonably available to drive in response to the emergency.
It is an affirmative defense to any prosecution brought under section 4510.16 of the Revised Code that the order of suspension resulted from the failure of the alleged offender to respond to a financial responsibility random verification request under division (A)(3)(c) of section 4509.101 of the Revised Code and that, at the time of the initial financial responsibility random verification request, the alleged offender was in compliance with division (A)(1) of section 4509.101 of the Revised Code as shown by proof of financial responsibility that was in effect at the time of that request.
Driving Under Suspension can be charged as a first degree misdemeanor or as an unclassified misdemeanor. It is a serious crime. It is also a crime that is treated very differently depending on the jurisdiction wherein your charge takes place. Be sure to hire an attorney who knows the court where you will appear and is familiar with how the prosecutor and judge will approach your particular facts. At DaytonDUS, we have been representing clients for over 16 years in courts throughout the Miami Valley. As a former prosecutor, Charles M. Rowland II will aggressively advocate to keep you out of jail. He will go the extra mile to get you valid. This is not a time to gamble. Call someone who has a track record of winning for his clients. (937) 318-1DUS.
- Classes of License Suspensions in Ohio (daytondui.com)
- Limited Driving Privileges (daytondui.com)
- What Happens If I Can’t Show Proof of Insurance? (daytondui.com)