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Ohio BMV License Suspension

The 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 offensesIf 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...

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Petition for ALS Driving Privileges in the Vandalia Municipal Court

Q. How can I obtain ALS driving privileges in the Vandalia Municipal Court?If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver’s license on the spot causing your drivers license to be suspended immediately.  This pre-conviction suspension is called the ADMINISTRATIVE LICENSE SUSPENSION. The ALS is a suspension imposed by the Ohio Bureau of Motor Vehicles and not a suspension imposed by the court.  A court may not grant ALS driving privileges for...

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Ohio’s First Post-McNeeley Blood Draw Case

In State v. Hollis, 2013-Ohio-2586, the Fifth Appellate District was faced with an appeal of a decision from the Richland County Common Pleas Court. The case was the first forced blood draw decision following the United States Supreme Court ruling in Missouri v. McNeeley, which held "that in drunk-driving inves- tigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant.  The decision of the court used the previous rules for exigent circumstances as set forth in Schmerber v. California and does not address or rely upon...

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

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...

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Driving Privileges: Hard Time

15 days if you took the test, 30 days if you did not (First Offense)If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver’s license on the spot causing your drivers license to be suspended immediately.  This pre-conviction suspension is called the ADMINISTRATIVE LICENSE SUSPENSION. The ALS is a suspension imposed by the Ohio Bureau of Motor Vehicles and not a suspension imposed by the court.  A court may not grant...

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Top 10 Rules For Dealing With The Ohio BMV

Protecting Your Ohio Driver’s License After Your OVI Case 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...

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Get Your Ohio Online Driving Records (by DaytonDUI)

The Ohio Bureau of Motor Vehicles has created a system to access your driving record on-line.  The system permits drivers to obtain a record of all convictions within the past two years. The driving record will also reflect all open suspensions or revocations. Drivers are reminded that Ohio Revised Code (ORC 4510.037) provides that the Registrar of Motor Vehicles is required to impose a license suspension on all drivers who accumulate 12 points on their records during any two-year period. A list of points charged for various offenses can be found in ORC 4510.036.  Click HERE to access your unofficial driving record. To...

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DUI Law: Challenging a Forfeiture

Image by lovelypetal via FlickrFORFEITURE, WHAT IS THE LAW? If you are convicted of any of the following the State of Ohio can, pursuant to O.R.C. 4503.234,  order a forfeiture of your vehicle:a third OVI w/in 6 years (O.R.C. 4511.19(G)(1)(c)(v)); any felony OVI (O.R.C. 4511.19(G)(1)(d)(v) and 4522.29(G)(1)(e)(v)); a third offense of driving under suspension (O.R.C. 4510.11(C)(4)); a third offense of driving under an OVI suspension (O.R.C. 4510.14(B)(3)(d)); a third of subsequent offense w/in 5 years of driving under an FRA suspension (O.R.C. 4510.16(B)(2)); a third or subsequent wrongful entrustment (O.R.C. 4511.203(C)(3)); operating or permitting the operation of a vehicle in violation of an immobilization order  (O.R.C....

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Non-Compliance Suspension

What Is A Non-Compliance Suspension? A non-compliance suspension stems from failing to show proof of insurance at the time of an accident or traffic offense, failure to pay a court ordered judgment, or from those wonderful random letters seeking verification of your insurance status. These suspensions run ninety days for the first offense, one year for the second, and two years for each offense thereafter for each offense committed within a five year period.In addition, the revised code staggers the reinstatement fee and the ability to obtain limited driving privileges. Pursuant to R.C. 4503.232, 4510.52 and 4510.53 all driver licenses, CDLs and...

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