Drawbacks to Getting Your License Suspended

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Losing your license is more than an inconvenience. Being unable to drive legally can make it impossible to keep a job or meet all your personal and family obligations.

Unfortunately, Ohio courts and statutes recognize more than 30 reasons to suspend a driver’s license. The punishment can apply to everything from leaving the scene of an accident, letting your auto insurance policy expire, failing to pay child support, getting convicted of operating a vehicle while intoxicated (OVI), which is what state officials call driving under the influence of alcohol or drugs, and much more. AVOID AN OVI CONVICTION ON YOUR RECORD

The drawbacks to getting your license suspended fall into four broad categories:

 

Limited to No Driving Privileges

Depending on many different factors ranging from the charge and defendant’s history to the quality of the defense or plea deal, an Ohio driver’s license suspension may be partial or total. A partial suspension grants the driver restricted driving privileges, which are usually limited to trips to and from work, medical appointments, and court dates or meetings with a lawyer.

A total suspension usually precedes the reinstatement of restricted driving privileges. For an OVI conviction, the period of total suspension can last anywhere from 15 days to more than a year. While under total or “hard” suspension, a driver is not allowed to drive at all without risking rearrest, jail time, and a new or lengthier suspension. Violating the restrictions on when and where you can drive with a partially suspended license also risks those new and enhanced penalties.

Surrendering your CDL

Suspensions related to criminal charges or convictions usually apply to both your own driver’s license and any commercial driving licenses you hold. This is always true for drunk or drugged driving suspensions.

Under Ohio law, getting a CDL suspended means you cannot legally drive a commercial vehicle until the term of suspension expires and the CDL is fully reinstated. In other words, getting a CDL suspended often means losing a job that requires driving a truck, bus, or taxi. The lesson? Hiring an experienced Columbus, OH, DUI attorney to fight an OVI charge is a must if you drive for a living.

 

Increased Risk for Future Suspensions

Suffering through one Ohio driver’s license suspension greatly increases your chances for losing your license again. This is especially true if the suspension comes as part of a sentence for driving under the influence.

Not only do periods of total suspension tend to last longer for people under penalty for driving while drunk or stoned, mandated penalties for second and subsequent OVI convictions include automatic suspensions. The longer a total suspension remains in effect, the more likely you will be to have an absolute need to drive somewhere to respond to an emergency. A dedicated Columbus OVI license suspension can negotiate with prosecutors to minimize the harshest sanctions.

 

Reinstatement Hassles and Expenses

Once a suspension expires, you must jump through several hoops and pay fees to get your license reinstated. You must present the Bureau of Motor Vehicles proof that you have completed your sentence or paid off the debts that cost you your license. If you went through a lack of insurance suspension, you will also need to present a certificate of insurability called an SR-22. On top of that, the BMV will demand a special reinstatement fee and may require you take portions of the CDL test.

Then, when you get your license back, it will carry whatever points your offense merits. For instance, an OVI conviction brings a six-point penalty. Rack up 12 points on a reinstated license, and it will get suspended again.

Colin Maher

Hiring an experienced Columbus DUI attorney to fight an OVI charge is a must if you drive for a living.

Offenses That Can Be Expunged in Ohio

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Expunging a criminal record in Ohio means placing it off-limits to the public. Law enforcement and court officials can gain access to some expunged records under certain circumstances, but the information will not be available to employers, banks, apartment owners, and others conducting background checks for work-related, financial, or contractual reasons.

Most types of offenses can be expunged provided the person convicted on the charge has fully completed and satisfied all the terms of his or her sentence. The only two types of criminal convictions that cannot be expunged are those involving violence and those related to driving under the influence of drugs or alcohol. Also, traffic violations are generally exempt from expungement because actions like speeding and failure to yield are not considered crimes in and of themselves under Ohio law. WHAT CHARGES CAN BE EXPUNGED FROM MY RECORD IN OHIO? 

Current laws in Ohio allow individuals to petition for the expungement of one nonviolent felony, two nonviolent misdemeanors, or one felony and one misdemeanor. Nonviolent criminal offenses include larceny/theft, fraud, white-collar crimes, drug possession, drug trafficking, solicitation/importuning, and burglary. Listing each criminal offense that falls into the nonviolent category would be impossible without reproducing much of the Ohio Revised Code. A simpler way to understand if you may have a chance of getting your criminal record expunged is to ask yourself if you were convicted of one of the following DUI-related or violent crimes:

  • Assault, including sexual assault
  • Domestic violence
  • Homicide
  • Kidnapping/false imprisonment
  • Murder
  • Operating a vehicle while intoxicated
  • Physical control (e.g., intoxicated while in the driver’s seat of a parked car)
  • Robbery

If you can answer no, then you may be eligible for expungement. The other minimum criteria that must be met to have your Ohio criminal record expunged are

  • Release from jail
  • Finished parole
  • Paid all restitution
  • Waited at least one year after completing all terms of your sentence
  • Failed the correct forms with the appropriate court
  • Paid the expungement petition filing fee

Consulting with an experienced expungement lawyer in Columbus, Ohio, before starting to apply for having your criminal record sealed is strongly recommended. Filing an incomplete application form or directing it to the wrong jurisdiction can result in an automatic denial. And you may be given a second chance to petition for expungement.

A knowledgeable Columbus expungement attorney will also be able to provide advice on what information to include with the expungement petition to convince the prosecutor and judge who review the application that you have paid your debt to society in full, kept your post-conviction record clean, and earned the opportunity to leave your past behind you as you apply for new jobs, loans, and educational opportunities.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Infographics: Probation Sentences You Can Expect for a DUI Conviction

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Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Divorce Mediation: Few facts one needs to know

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Divorce mediation is one step that needs to be considered before considering filing a formal divorce application in a court of law. Mediation is one alternative that lets you find a solution for the amicable settlement of the division of assets, child support, child custody, and spousal support. A third party in the form of a mediator is involved who ensures an amicable settlement between both parties. There are a few things that need to be considered before actually going in for divorce mediation so that both parties have their expectations set in realistic terms.

Divorce mediation helps in giving a direction to the conversation

A couple undergoing divorce will not able to come to a common conclusion amicably since they have been at loggerheads for a long time which has been the reason for them to look for a divorce. In that case, they need someone who can show them logically and help them decide on a better solution instead of washing the dirty linen in public. A divorce mediator with no personal interest will help the couple see the logic and will help them in taking the conversation to a logical ending. A divorce mediator will help them to stop digressing from the topic, talk in terms of the future rather than focusing on what has happened in the past.

Divorce mediation is not going to help you reunite

Divorce mediation is by no means a method to reunite the warring couple. It is just a method to settle things amicably that would cost a lot of time and money fighting in the courtroom. Do not expect the divorce mediator to lecture you on the merits of staying together or the bad effects your divorce is going to have on your kids. A divorce mediator is a professional who will see to it that all the assets are divided in such a manner that both parties feel satisfied at the end of the process.

It helps you to save time and money

Yes, it is true instead of going to court and hiring a pricey divorce attorney, divorce mediation can help you save a lot in terms of time and money. The services of divorce mediation are chargeable however they are quite low if you consider the expenses incurred on court fees, legal consultation, and the numerous rounds you are going to make to the courtroom leaving your kids in the care of daycare and taking a leave from your workplace. The process of divorce mediation if undergoes smoothly might get over in a few hours to one or two days depending upon the understanding and maturity of the couple.

An alternative for litigation

Divorce mediation is an alternative for the lawsuit you are thinking of filing against your spouse. A lawsuit is going to drag your household into the courtroom. Your kids need to be standing testimony for many things. There are going to be harrowing moments when you need to balance your personal, professional, and the life you are leading while fighting a lawsuit against your spouse. Litigation in any form takes a toll on your emotional and financial aspects. You can always avoid litigation via divorce mediation.

The divorce mediator is a third party with no personal interest

Divorce mediation involves a divorce mediator who has no personal interest in the lives and assets of the couple. His only motive is to have an amicable settlement of the warring couple as soon as possible since this is going to be his professional win for himself. In case the couple goes in for litigation after mediation it is going to be seen in bad taste for the divorce mediator.

Mediation does not work in a few cases

Mediation does not work in all cases. In cases, where an abusive spouse has involved mediation, will not be possible. A situation where one of the partners has been a chronic cheater in the relationship will not be able to survive the mediator’s room. For such situations, litigation is the only way left. Where one of the partners is being adamant on a few issues and is not ready for compromise divorce mediation should not be considered.

Gary Payton

Gary Payton has been writing about the various aspects of law, provides legal advice, legal services in the preview of family law. Attorneys-arizona.com is a premier boutique litigation firm in Arizona, USA and Gary have been associated with them for a long time. Attorneys-arizona provides professional and trusted legal services. To know more about Divorce Lawyers feel free to visit – https://www.attorneys-arizona.com/

Avoid an OVI Conviction on Your Record

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OVI, or operating a vehicle while intoxicated, is what Ohio law enforcement officials, courts, and statutes call driving under the influence of alcohol or drugs. Avoiding an OVI conviction is the only way to keep the charge off your permanent record because, unlike most other misdemeanors or low-level felonies, an OVI conviction cannot be expunged with the completion of a sentence and proof of continued good behavior.

The Columbus, Ohio, OVI defense attorneys with The Maher Law Firm discuss the three basic ways to avoid a drunk or drugged driving conviction here. To briefly recap:

  • The person accused of OVI can work with his or her lawyer to prove the arresting officer made mistakes when stopping the driver, conducting field sobriety tests, or interpreting field sobriety test performance. Dashboard and body camera footage from the police can be invaluable for this, and bystanders are also allowed to record traffic stops.
  • Evidence showing that the police officer, laboratory personnel, or court system made mistakes while collecting, analyzing, storing, and presenting breath, blood, and urine samples and test results can be presented by the defense. Procedural errors can make evidence inadmissible, meaning the prosecution may not have a case to make to a judge.
  • A Columbus, Ohio, OVI defense lawyer can negotiate a plea agreement with the prosecutor, meaning the defendant accepts a sentence for a lesser charge.

The plea deal option deserves special attention. Prosecutors in Columbus and Franklin County are most likely to offer pleas to reckless operation or physical control. Either might be acceptable, but no one accused of OVI should automatically plead guilty to any criminal or traffic offense without first consulting with an experienced Columbus Ohio defense attorney.

Reckless operation, which most states call reckless driving, indicates that a person was operating in a way that demonstrated lack of concern for consequences. The charge can apply to exceeding a posted speed limit by more than 25 mph, causing a crash that inflicts injuries, or putting other people on the road at risk by, for instance, crossing a double yellow line, jumping a curb, or going the wrong way on the interstate.

A physical control charge indicates that a law enforcement official found the accused driver in the driver’s seat of a vehicle and in possession of the keys to the vehicle’s ignition. The vehicle can be parked, and even on private property like a driveway.

Penalties for reckless operation and physical control can mirror those for OVI, including a license suspension that extends to the defendant’s commercial driver’s license, hundreds of dollars in fines and court costs, and multiple points on your driving record. The consequences can also be similar, ranging from a sharp increase in insurance premiums to losing a job that requires holding a valid CDL and keeping a clean driving record. A dedicated lawyer will do all he or she can to protect his client from the most severe penalties.

To find out if a DUI attorney from the Columbus offices of The Maher Law Firm can help you avoid a drunk or drugged driving conviction

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.