ALS Appeal in Carrollton

If your license has been administratively suspended, you have the right to appeal the suspension. The only way to regain your driving privileges before the state’s predetermined suspension period ends is to file an appeal. Waiting to see if you are found not guilty won’t reinstate your license—appealing within 30 days of your initial hearing is crucial.

Under Ohio law, as outlined in Revised Code Section 4511.197, an Administrative License Suspension (ALS) can be appealed as early as the driver’s first hearing, which typically occurs within five days of their arrest, or anytime within 30 days of that initial hearing.

Purview of the Administrative License Suspension Appeal

According to the Ohio Revised Code Sections 4511.197(C)(1)-(4), an Administrative License Suspension appeal hearing aims to evaluate whether any of the following conditions apply. These conditions will determine the possibility of overturning the suspension:

1. Chemical Testing Refusal or Illegal Alcohol Concentration

Whether the individual refused chemical testing in the case of a test refusal suspension, or whether their blood, breath, or urine alcohol concentration exceeded the legal limit in a suspension due to a failed test.

2. Reasonable Grounds for Arrest

Whether the arresting officer had reasonable grounds to believe that the individual was either an intoxicated adult, an intoxicated juvenile, or operating a vehicle under physical control while impaired. Additionally, it examines whether the officer legitimately carried out the arrest (ORC Section 4511.197(C)(1)).

3. Request for Tests

Verifies whether the officer properly asked the individual to submit to one or more alcohol or substance tests (ORC Section 4511.197(C)(2)).

4. Information Provided to the Suspect

Ensures the arresting officer informed the individual about the consequences of taking or refusing the test. For repeat offenders, it determines whether the officer used reasonable means to obtain a blood sample and provided proper advance notice about it. (ORC Section 4511.197(C)(3)).

A Carrollton OVI lawyer will carefully review the circumstances of your case to determine whether any of the above conditions provide grounds for reinstating your license. If none of these conditions apply, they will request a hearing where the arresting officer testifies, and your lawyer can ask the judge to overturn the license suspension.

Reviewing BMV Form 2255

Your Carrollton criminal lawyer will also thoroughly review BMV Form 2255, which the arresting officer gave you. They will examine how the form was completed and notarized. Errors on this form can be cause enough to have it dismissed from evidence. The following must be carefully checked:

• A box indicating your license was administratively suspended.
• A section explaining the grounds for your arrest.
• The arresting officer’s sworn attestation to the validity of the statements made on the form.

Any discrepancies or documentation errors could work to your advantage and lead to your suspension being lifted.

Why You Need Professional Help

Appealing an ALS suspension is not a task you should handle alone. It requires expertise in OVI (Operating a Vehicle Impaired) law and defense strategies. Seeking assistance from an experienced Carrollton criminal lawyer is essential for navigating the appeal process effectively.

The Process of Appealing an Administrative License Suspension

Your lawyer will file an ALS appeal either at your initial hearing or within 30 days afterward, as specified by the Ohio Revised Code Section 4511.197. If you fail to file within the designated time frame and are later found guilty of OVI, the ALS will remain in effect. Filing within the window is critical for any chance of regaining your driving privileges early.

Sean Logue of the Youngstown Criminal Law Group is highly experienced in helping individuals appeal improper administrative license suspensions. If you’re facing this situation, contact him today at (330) 992-3036. A skilled Carrollton OVI lawyer like Sean will help you get back on the road as soon as possible while protecting your legal rights.