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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...

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You Have Rights! Use Them!

You Have Rights! You have rights - use them! A typical DUI/OVI stop starts with a probable cause traffic stop.  Depending on the time of day, the location or the way you are driving, the officer may begin the encounter believing that you are possibly "19" (police shorthand for a possible R.C. 4511.19 (DUI) violation). Probable cause for the stop can be anything from severe weaving or crashing all the way down to something as de minimus as a license plate light out.  The officer's true purpose in pulling you over cannot be questioned if there is even a minor violation...

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Arrested for Physical Control?

What is a Physical Control charge? https://youtu.be/JaywvEoqoIMIn this Video Charles Rowland explains what the physical control option is for a DUI in Ohio.Pursuant to Ohio Revised Code 4511.194 (effective Jan. 1, 2005), it is illegal to be in physical control of a vehicle while under the influence. "Physical Control" is defined as being in the driver's seat of a car and having possession of the vehicle's keys.  Physical Control does not require that the vehicle have ever been driven or even started.  Under the statute, having the keys within reach will satisfy the definition of having “physical control.” This is a growing problem...

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Commercial Driver’s License – Gone For Life!

If you have a commercial driver's license, you are held to a high standard. You see, if you are a doctor, lawyer, teacher, or police officer; you get a second chance. But if you drive a big rig a second mistake can result in a lifetime disqualification. This is true even if your "mistakes" do not happen when you are on the clock. A CDL holder does not have to be driving a commercial vehicle under the influence to trigger a suspension of his commercial driver's license.The first offense drunk driving charge is bad enough. Blow over the limit or refuse...

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Commercial Drivers Beware – OSP To Target You This Week

Commercial Drivers Beware! The Ohio State Highway Patrol joined a week-long effort focused on increasing commercial drivers  tickets. The initiative includes officers with the Michigan State and Indiana State police departments, who will focus on violations by commercial vehicle drivers that are proven to contribute to crashes, including: speed, following too closely, improper passing, distracted driving and improper lane use. The initiative began Monday and runs through Saturday, Dec. 12.This type of enforcement is grant-funded and designed to cause untold problems with truck drivers who depend on their license to earn a living. What makes it particularly ugly is that commercial drivers...

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Is It A Crime To Refuse To Take A Breath Test?

Is it a crime to refuse to take a breath test? Ohio has adopted O.R.C. 4511.19(A)(2) which makes it a crime to refuse to take an evidentiary chemical test if you have a prior OVI (drunk driving)  or OVUAC (juvenile/underage drunk driving) conviction any time within the last twenty (20) years.  If you refuse and you have a prior within twenty (20) years then the penalties for your OVI offense will be double the mandatory minimum. (See generally the "Penalties" section of the DaytonDUI blog).Professional drivers who refuse to take a breath test face a separate crime if they do not...

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Unintended Consequences of an Ohio DUI Charge

A drunk driving charge can affect you in ways that you may not expect. Listed below are some of the more vexing issues associated with an Ohio DUI (OVI) charge.1. Child Custody - If you are involved in a custody dispute, or have a vindictive spouse who would like to start one, a DUI/OVI conviction can be used against you in domestic relations court.  Automatic suspensions may make it difficult to exercise visitation with your children.  You may also find a court who will refuse to let you transport the children due to a DUI/OVI conviction, thereby increasing the cost or...

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Physical Control & Reckless Operation

Often, 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. This video explains what physical control could...

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Ohio Commercial Driver Law: An Overview

I Fight For Commercial DriversOhio Revised Code 4506.16 sets for the ways that you can be disqualified or lose your commercial driver's license.4506.16(D)(5) If you are convicted of two "serious traffic violations" within a three (3) year period, your commercial driver's license will be suspended for sixty (60) days. 4506.16(D)(6) If you are convicted of three "serious traffic violations" within a three (3) year period, you commercial driver's license will be suspended for 120 days.If you receive a conviction of any of the following, your commercial driver's license will be suspended for one year:4506.15(A)(2) You have a BAC of .04% or...

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Arrested for DUI on Thanksgiving?

If you find yourself in need of a qualified DUI/OVI attorney in the Miami Valley due to an OVI arrest over this Thanksgiving weekend, please contact Charles M. Rowland II at (937) 318-1DUI (1384).  We work hard to bring you the best information on Ohio's tough drunk driving laws.  If this is your first visit to the Ohio DUI/OVI Blog consider starting your search for an attorney by reading the following articles.  We offer a free consultation and a 24-hour DUI Hot-line at 937-776-2671.How to Hire a DUI Attorney Unintended Consequences of a DUI About Chalres Rowland Contact Charles Rowland Miami Valley Municipal Court...

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