20 February

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Driving Privileges: Can A Court Prevent Me From Drinking?

A trial court is vested with a great amount of discretion in issuing limited driving privileges under an Administrative License Suspension. A court may require, as a condition of allowing you to have pre-trial limited driving privileges, that you abstain from the use of alcohol. The issuing court also has the discretion to order you to put bright yellow, shame-plates on your car and can order you to wear a transdermal alcohol detection unit (commonly called the S.C.R.A.M., "Secure Continuous Remote Alcohol Monitor"). What is more, the court will make you pay for the installation and monitoring of the device....

05 December

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Driving Under An OVI Suspension

Posted by Dayton DUI

in DUI Law

"I had to get to work. If I missed another day they were going to fire me, so I drove and got a ticket. What is going to happen?" Driving under an OVI suspension is a violation of Ohio Revised Code 4510.14. It is a separate offense from a DUI/OVI charge and carries harsh mandatory penalties. Most of these charges originate when a person is desperate to live up to their obligations to their work and/or their family. Often, the automatic license suspension is the worst part of the DUI experience. It is the position of this author that taking a person's...

27 April

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Driving Under Suspension in Ohio

Posted by Dayton DUI

in Drugs & Alcohol, DUI Law, DUI Process

Image via WikipediaOhio’s Driving Under Suspension (DUS) law is formidable. The statutory scheme encompasses over 20 different types of suspensions ranging from Automatic License Suspensions for DUI offenses to suspensions for failing to purchase adequate insurance coverage. Please click on the links below for specific information. If you need additional information on Ohio’s DUS law, or if you find yourself charged with Driving Under Suspension or any of the myriad offense that require contact with the Ohio Bureau of Motor Vehicles, please contact Dayton traffic attorney Charles M. Rowland II at (937)318-1DUI [318-1384] today. Types of Suspensions in Ohio12-Points Administrative License...

01 December

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Driving Under Suspension: The Warrant Block

Posted by Dayton DUI

in DUI Law

Yet another way to earn an Ohio license suspension is to have an outstanding warrant. You can find this suspension at Ohio Revised Code Section 4503.13. What is unique about this suspension is that it is not really a suspension, but a block. A municipal court can send a report to the Ohio BMV that an arrest warrant has been issued. Upon the bureau's receipt of this information, the Bureau of Motor Vehicles (BMV) will deny the person named in the arrest warrant the right to apply for a driver license or vehicle registration. Because of the nature of the warrant...

01 December

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Driving Under Suspension: What is a 12-Point Suspension?

Posted by Dayton DUI

in DUI Law, DUI Process

12 Point Suspensions Driving under suspension is a serious offense in Ohio. A violation is a first degree misdemeanor and some provisions of the law provide for mandatory jail time. A twelve point suspension is caused by the accumulation of not less than 12 points on your driving record within a two-year period. The suspension begins twenty days after Ohio's BMV sends you a letter putting you on notice of the suspension. It is not usually a valid defense that the Ohio BMV sent the suspension notice to a prior address. It is your responsibility under Ohio law to maintain a...

11 August

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Juvenile Driving Suspensions

Posted by Dayton DUI

in DUI Law, DUI Process

JUVENILE DRIVING SUSPENSIONS ARE HARSH!If you are the parent of a juvenile and he or she admits to a violation of law he or she may face very harsh penalties that affect their ability to drive. If a child has been adjudicated unruly, delinquent, or a juvenile traffic offender for having committed any act that, if committed by an adult, would be a drug abuse offense, the Ohio Bureau of Motor Vehicles suspends the child's license until they are 18 years old. ORC Sections 2151.354 & 4510.032(C)(1). The suspension will stay in stay in place until the child turns 18 or...

16 March

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Out of State DUI?

Posted by Dayton DUI

in DUI Law, Ohio Criminal Law

By Criminal Defense Attorney Mark J. Babb Many clients have asked us about the consequences of getting an out-of-state DUI. The exact answer is different for every situation, but it generally relates to something called the interstate compact. The interstate compact is a system put in place where states communicate driving infractions and other driver’s license information to each other. Generally, states honor suspensions, forfeitures, and other traffic consequences from other states. If you are convicted of an out of state DUI, the penalties in the state where the conviction took place are generally limited to that state. However, if your...

27 January

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“POINTS” on your Ohio License

Posted by Dayton DUI

in DUI Law, DUI Process

One of the most frequently asked questions to my staff involve the issue of POINTS on an Ohio driver's license. "Points" under Ohio law are set forth at O.R.C. 4510.036(C). The statute lists the following as 6-point violations:6 Point Violations -Aggravated Vehicular Homicide -Vehicular Homicide -Vehicular Manslaughter -Aggravated Vehicular Assault -Willful Fleeing and Eluding, -Failure to Stop and Disclose Identity at Accident -Street Racing -Driving Under Suspension -OVI (drunk driving) -Unauthorized Use of a Motor Vehicle -Any felony motor vehicle violation or any felony committed with motor vehicleFour Point Violations -Operation of a Vehicle After Underage Consumption -Operation in Willful or Wanton Disregard of Safety (a reckless operation offense) -Exceeding the Speed Limit by...

15 November

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Vehicle Seizure in Ohio

Posted by Dayton DUI

in DUI Law, DUI Process

Vehicle seizures in Ohio are governed by two separate statutory schemes. The procedure for OVI vehicle seizures is governed by R.C. 4511.195 and the statutory outline for Driving Under Suspension (DUS) and Wrongful Entrustment Cases is controlled by R.C. 4510. Your vehicle will be seized if you are charged with any of the following offenses:A second or greater OVI within six (6) years and/or any felony OVI offense; Driving Under Suspension, R.C. 4510.11(C)(2); Driving Under and OVI Suspension, R.C. 4510.14(B)(3)(d); Driving Under an FRA (Financial Responsibility Act) Suspension, R.C. 4510.16(B)(3); Wrongful Entrustment, R.C. 4511.203(C)(3); or Violation of an Immobilization Order, R.C. 4503.236(B).At or before your...

08 June

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Ohio’s Definition of an ‘Alcoholic’

Posted by Dayton DUI

in Drugs & Alcohol, DUI Law, DUI Process

[caption id="" align="alignright" width="108" caption="Image via Wikipedia"][/caption]Ohio Denies a License to Persons Defined as Alcoholics In 1996, Ohio amended Ohio Administrative Code 4501:1-1-16(A) to define an "alcoholic" as one who meets the following criteria: (1) Is convicted three or more times within the immediately preceding three-year period of division (A) of section 4511.19 of the Revised Code or of a substantially similar municipal ordinance or of a statute of another state or of the United States; or(2) Is convicted three or more times within a three-year period of any traffic violation where from the evidence presented, the trier of fact finds that...

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