Driving Under Suspension: Security Suspensions and Judgment Suspensions
Ohio Revised Code 4509.37 sets forth the provision of Ohio’s Driving Under Suspension law that suspends a license for uninsured drivers involved in an accident involving personal injury, death or property damages exceeding $400.00. Called a Security Suspension, this suspension is often confused with a Judgment Suspension, which provides the court a powerful weapon to enforce a judgment. Here, no judgment is necessary. A violation of this law will result in a suspension of your license until one of the following occurs:
- Submission of a notarized statement signed by all involved parties indicating a payment arrangement has been made. If the party defaults a two-year suspension will begin immediately. No further payment arrangements will be permitted, only a full release or the deposit of the remaining balance with the court.
- Deposit with the BMV of the amount of damages claimed. The BMV holds the deposit for two years from the date of the accident. If the other party files a civil judgment in court, the BMV must receive a journal entry and the deposit would then be sent to the court. If court action is not taken, the BMV will return the money to the depositor after the two year statute of limitations period has lapsed.
- Until the BMV receives a copy of the Petition for Discharge in Bankruptcy along with the Schedule of Creditors showing the claim in question is properly listed. One of the harshest provisions of this suspension is that no limited driving privileges are available to the party. Also, this suspension is usually coupled with a non-compliance suspension which will require the person to obtain HIGH RISK insurance (SR-22 or Bond) for three to five years.
If you have been arrested in Dayton, Springfield, Kettering, Miamisburg, Xenia, Fairborn,Vandalia, Centerville, Lebanon, Springboro,Mason, Franklin, Beavercreek or anywhere throughout the Miami Valley, let the criminal defense team of Charles Rowland help you navigate the rough waters of a DUS charge and maintain your driving privileges. 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.
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