License Suspension Procedure in Carrollton, Ohio
If you’re facing the suspension of your driver’s license in Carrollton , understanding the process and knowing your options is critical. A driver’s license suspension can occur through two primary avenues:
Two Ways Your License Can Get Suspended in Ohio
- Court-ordered suspension after a criminal conviction
- Administrative suspension by the Ohio Bureau of Motor Vehicles (BMV)
Several situations can result in either scenario. These include driving under the influence (DUI/OVI), accumulating over 12 points on your driver’s license, or refusing to comply with a chemical test when stopped on suspicion of DUI. How you contest the suspension depends on whether it stems from a criminal conviction or an administrative proceeding.
Dealing with these issues can be daunting if you’re unfamiliar with the process. That’s why partnering with the Youngstown Criminal Law Group can make a difference. Their experienced Carrollton OVI lawyer can provide the expertise needed to fight a suspension effectively.
License Suspension by the Ohio Bureau of Motor Vehicles (BMV)
Under Ohio law, your driver’s license may be subject to suspension by the BMV in the following cases:
- Refusing to take a chemical test after being stopped for DUI/OVI.
- Having a blood alcohol concentration (BAC) of .08% or higher upon being lawfully stopped by an officer.
- Failing to provide proof of auto insurance during a traffic stop.
- Causing an accident while uninsured.
- Accumulating 12 or more points within a two-year period on your driving record due to various traffic violations.
If your license is suspended for any of the above reasons, it is considered a civil administrative procedure, not a criminal charge. This type of suspension is known as an Administrative License Suspension (ALS). To successfully contest an ALS, you’ll need the guidance of a seasoned Carrollton criminal lawyer who works directly with the BMV to help challenge the suspension.
What to Expect When You Receive a Suspension Notice
Immediate Notice at a Traffic Stop
If you receive an Administrative License Suspension during a traffic stop, the officer will provide you with a copy of BMV Form 2255, confiscating your license on the spot. At that moment, you are required to cease driving and consult with an experienced traffic lawyer in Carrollton . You have up to 30 days from your arraignment to appeal the related criminal charges.
Notice Via BMV Letter
If you accrue 12 or more points on your license, the BMV will send a letter notifying you of the suspension, including its start and end dates. To contest this, you must file an appeal prior to the suspension start date.
Understanding the Duration of Administrative License Suspensions
The length of an Administrative License Suspension depends on the severity of the traffic offense and is categorized as follows:
- Class F Suspension: The shortest duration, lasting until all conditions are met.
- Class E Suspension: Lasts three months.
- Class A Suspension: The most severe, lasting up to three years.
Your driving history and any prior suspensions will also influence the duration of the suspension.
How to Contest an Administrative License Suspension (ALS)
To contest an ALS, prompt action is crucial. Whether you received notice through a traffic stop or a BMV letter, do not delay in contacting a knowledgeable Carrollton criminal lawyer.
If your license was suspended through the BMV while facing related criminal charges, your lawyer can represent you in both the civil (administrative) and criminal proceedings. It’s also important to note that even if you successfully appeal the ALS, criminal charges could still lead to a loss of driving privileges. However, if these charges are dropped or you’re found not guilty, the Youngstown Criminal Law Group can expedite the process of restoring your license.
Retaining Limited Driving Privileges
You may still have the option to obtain limited driving privileges, even with a suspended license. After a mandatory “hard suspension” period, your lawyer can petition the Carroll County court or the BMV for a restricted driver’s license. This can enable you to drive to essential locations, such as work, school, medical appointments, and court-ordered programs.
Contact a Carrollton OVI Lawyer Today
The team at Youngstown Criminal Law Group is here to help you contest your license suspension and regain your driving privileges. With their skilled Carrollton OVI lawyer, you’ll have the guidance necessary to tackle both the legal and administrative aspects of your case.
Call (330) 992-3036 or contact us online today to schedule your free consultation and start the process of getting back on the road with confidence.