CDL Disqualifications: New Rules In Ohio
CDL Disqualifications: New Rules in Ohio
Recently, the BMV has changed their rules with respect to CDL disqualifications. The new CDL rules make it very difficult for drivers to keep their job. The rules apply when the BMV receives notice of a refusal or positive chemical test.
Under the old rules, if you attorney was able to stay the Administrative License Suspension (ALS), the CDL disqualifications would be put on hold. They would remain on hold until the end of the OVI case. If you were able to receive a reduction to Physical Control, R.C. 4511.194 and terminate the ALS you would be back to driving. Bye-bye CDL disqualifications!
CDL Disqualifications Now Done Via BMV
The new/current procedure is: once the BMV receives notice of an ALS suspension they will send a notice. This notice will cover CDL disqualifications. You will have to appeal this BMV notice separately from the ALS.
How to avoid the CDL disqualifications?
- Appeal the disqualification through BMV;
- Avoid OVI conviction;
- Have 2261 executed by court stating specifically there were no reasonable grounds for the test OR generally terminate ALS and have the judge order the BMV to vacate the disqualification.
It is very important that you take the following steps to protect yourself: a) make sure the BMV has your current address; b)make sure someone gets your mail when you are on the road; and c) give your OVI attorney a copy of the BMV CDL disqualifications form as soon as you receive it.
Credentials Matter
I am proud to say that I work hard to stay on top of issues related to CDL drivers. Attending the Ohio Academy of Criminal Defense Lawyers annual Advanced OVI seminar is how I stay in touch. I would like to thank the presenters at that conference for updating this information. The law is constantly changing and it is important to hire an attorney with credentials and a dedication to DUI defense.
