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Suspension Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Suspension"

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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Reckless Operation in Ohio: What is the Law? – Video

RECKLESS OPERATION: What is the law? https://youtu.be/R0IvweB5sdYThis video explains what reckless operation means for your Ohio drivers license and the difference between a reckless operation and an OVI. Reckless operation in Ohio can constitute any number of offenses within the Ohio Revised Code dealing with operation of a vehicle with willful or wanton disregard to persons or property.  Commonly, reckless operation is charged under O.R.C. 4511.20 (all codes sections are set forth below).  There is a separate O.R.C. section dealing with reckless operation while off-road (O.R.C. 4511.201) and while on a watercraft (O.R.C. 1547.07).  O.R.C. 4511.202 is Ohio’s Reasonable Control Statute.The Ohio Supreme...

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Non-Compliance Suspension?

 NON-COMPLIANCE SUSPENSION What is a non-compliance suspension? Any driver and/or owner who failing to show proof that they had automobile insurance in effect at the time of an accident/offense/random selection will lose his/her driving and registration privileges for a maximum of two years.  This suspension will stand until the following requirements are met:Carry a certificate of insurance (SR-22/bond) for three years Pay a reinstatement feeIf you get a second non-compliance offense, the penalty is increased. The penalty for a second non-compliance offense in a five-year period is a one-year suspension. The suspension stands until the following requirements are met:Serve one-year...

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Teen Drivers Beware – Ohio’s Rules For Obtaining A License

Obtaining a license has changed for teen drivers in Ohio. Teen drivers face a three-step process to obtaining a license. The first step begins when you turn 15 1/2. At this time you may apply for a temporary permit. Then take the drivers license knowledge exam and the eye test.  If you pass, you will receive a confirmation number to present to your local BMV. You are required to bring a copy of your birth certificate and must be accompanied by a parent or guardian.When you are  driving with a temporary permit, you must be accompanied by a parent, guardian or licensed driving...

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New Format For Ohio Drivers License

Effective  January 5, 2015, the Ohio Bureau of Motor Vehicles (BMV) will issue a new format of the Ohio Drivers License (DL) and Identification Cards (ID) to customers renewing their DL or ID.Visible changes to the DL and ID include: •Blue/green card in place of the salmon colored card •Laminate on front of card now contains the word “OHIO” and the year “1803” near the top of the cardIndividuals holding an Ohio Drivers License or ID printed in the old formats are still valid until the DL or ID is expired. Customers are not required to obtain a replacement DL or ID if...

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Why The ALS Suspension Is Unconstitutional

We are often asked how the arresting officer is authorized to take a persons' license under the ALS suspension, and whether or not this is constitutional.  The dilemma presented by Ohio DUI Law is this: If I am innocent until proven guilty, how can they punish me by immediately taking my license when I am accused of DUI?  This site takes the position that the current law is unconstitutional.  But before we jump into the argument, it is important to understand how the current law works. If you are stopped for an OVI, DUI or drunk driving and you refuse to take a...

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Facial Recognition, License Plate Readers and No Accountability

License Plate Readers are now offering law enforcement agencies the ability to use facial recognition software on American streets with almost no laws making law enforcement accountable and no public debate on the topic.According to a story at www.TheNewspaper.com, The leading suppler of automated license plate readers technology in the US (ALPR, also known as ANPR in Europe) is expanding its offerings to law enforcement. Vehicle owners have already had their movements tracked by the company Vigilant Solutions, which boasts 2 billion entries in its nationwide database, with 70 million additional license plate photographs being added each month. Now passengers can...

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Can I Get Limited Driving Privileges In My OVI Case?

Q. Can I get limited driving privileges during the pendency of my OVI case?A court may grant  privileges to a person who has had their license suspended pursuant to a pending OVI.  The Ohio Revised Code, 4510.021 limits driving to the following purposes: (1) Occupational, educational, vocational, or medical purposes; (2) Taking the driver's or commercial driver's license examination; and (3) Attending court-ordered treatment.  A court is granted broad discretion to impose restrictions so long as the restrictions are reasonable.  While most courts will not impose an ignition interlock devise or restricted "party" plates on a first offense OVI, the statute specifically grants...

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Ohio’s High School Drop Out Suspension

Pursuant to the Ohio High School Drop Out Suspension,  the Ohio BMV can suspend the license of a person under the age of 18  if a School Superintendent notifies the BMV of unauthorized withdrawal from school, or habitual absence without legitimate excuse, or suspension for use or possession of alcohol or drugs of abuse.Suspension Shall be Terminated ifSubject is at least 18 years old. Subject provides evidence of a high school diploma or general education development certificate (G.E.D.) of high school equivalence. Superintendent of school district informs the Registrar subject was suspended in error. Superintendent informs the Registrar that subject has satisfied terms or...

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How Will A DUI Affect My Insurance Costs?

“How will a DUI affect my insurance costs?”  This is one of the most common questions we get at initial client conferences.  I have grown frustrated in trying to give a short answer that sufficiently covers the nuances of the situation, so - here is my long-winded multi-part answer.How Will A DUI Affect My Insurance Costs (Part I)Insurance company evaluators look at you as a risk. Your rates are based on a number of super-secret algorithms and proprietary factors. Having a DUI conviction is just one of many things they look at and consider. Depending on their factors, insurers may...

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