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Suspension Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Suspension" (Page 7)

Juvenile DUI in Ohio and the Learner’s Permit

My 15 year-old was caught drinking. How will this affect her ability to get her license? Ohio has adopted a very low alcohol level for persons under 21.  R.C. 4511.19(B) sets the BAC level at .02 percent but less than .08 percent (by weight of alcohol by whole blood or breath, or with an equivalent amount by blood serum or plasma or urine).  These quasi-zero tolerance levels are justified by the fact that this age group accounts for a "disproportionate share of alcohol-related accidents." See Ohio Driving Under the Influence Law, 2009-2010 ed., Weiler & Weiler, pp. 24-25.  Juveniles who test...

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Out of State DUI?

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...

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Ohio DUI Law: Random Plate Checks

A driver has no reasonable expectation of privacy in a license plate number since it must be openly displayed under O.R.C. 4503.21.  In State v. Bates, 1987 WL 15817 (Ohio Ct. App. 9th Dist. Medina County) (1987), the 9th District Court of Appeals held that information obtained by an officer who "runs your license plate" may provide reasonable suspicion" to justify a traffic stop.  See also, Rocky River v. Saleh, 139 Ohio App.3d 313, 743 N. E. 2d 944 (8th Dist. Cuyahoga County 2000).  The Bates Court held that although a random vehicle stop without  reasonable suspicion of criminal...

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Ohio BMV Reinstatement Offices

You can pay your reinstatement fee by visiting any of the following BMV REINSTATEMENT OFFICES: CINCINNATI 10948 Hamilton Avenue Cincinnati, Ohio 45231 (513) 742-7535 or (513) 742-7545 CLEVELAND 12000 Snow Road, Suite N Parma, Ohio 44130 (440) 845-2007 COLUMBUS 1583 Alum Creek Drive Columbus, Ohio 43209 (614) 752-7600 JACKSON 110 Twin Oaks Drive Jackson, Ohio 45640 (740) 286-5683 TOLEDO 4400 Heatherdowns Blvd. Toledo, Ohio 43614 (419) 245-3010 YOUNGSTOWN Northeast Ohio Regional Service Center 242 Federal Plaza West Youngstown, Ohio 44503 (330) 797-5550...

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“POINTS” on your Ohio License

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...

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Vehicle Seizure in Ohio

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...

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Ohio OVI Law: State v. Lewis (ALS Remains)

State v. Lewis, 187 Ohio App.3d701, 2010-Ohio-2872 Verdial Lewis was found not guilty of OVI in a trial in the Hamilton County Municipal Court.  Upon finding the defendant not guilty, the court terminated the (ALS)  administrative license suspension that was imposed for the driver's refusal to submit to a chemical test.Upon appeal, the 1st District Court of Appeals, in an opinion written by Judge Sylvia S. Hendon held that a not guilty verdict on a charge of OVI did not permit termination of the (ALS) automatic license suspension of a motorist's driver's license for having refused to submit to a chemical...

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Fairborn Municipal Court and the T.I.P. Program

People charged with Driving Under Suspension (DUS) or Failure to Reinstate in the Fairborn Municipal Court can take advantage of a new program designed to divert cases from the court's docket and help violators obtain a valid license.  Under the Traffic Intervention Program (TIP), an officer of the court helps people understand what is needed to clear up license problems.  If a defendant becomes valid within 120 days of arraignment,  presents proper insurance and does not have any new driving violations, the charge of driving under suspension or failure to reinstate (both first degree misdemeanors) will be amended to the...

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Ohio’s Implied Consent Law

[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]In Ohio, any person who operates a vehicle within the state of Ohio is said 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).  Pursuant to recent changes in Ohio OVI law, an OVI suspect has 3 hours to comply with the request to submit to a test, and failure to do so within the 3 hour limit will be considered a "refusal."  Recent changes allow the police to use "whatever reasonable means are necessary to...

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Ohio’s Definition of an ‘Alcoholic’

[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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