ALS Appeal in Cadiz

If your driver’s license was administratively suspended, you have the right to appeal this suspension. The only way to regain your driving privileges before the state-established suspension period ends is by filing an appeal. Simply waiting to see if you are found not guilty will not reinstate your license, as appealing within the designated timeframe is the only path forward. Under Ohio law, you must file your appeal within thirty days of your initial hearing.

Ohio Revised Code Section 4511.197 states that an ALS (Administrative License Suspension) can be appealed as early as the driver’s first hearing, which takes place within five days of the arrest, or anytime within thirty days of that initial hearing.

Understanding the Scope of an Administrative License Suspension Appeal

The Ohio Revised Code Sections 4511.197(C)(1)–(4) outlines the purpose of an Administrative License Suspension appeal. During this hearing, the goal is to determine if certain circumstances occurred. These are broken into four key possibilities, as follows:

1. Chemical Testing
2. For a test refusal suspension, it will be determined if the individual did or did not submit to chemical testing.
3. For a suspension due to a failed test, it will be determined if the blood, breath, or urine alcohol concentration exceeded the legal limit.
4. Reasonable Grounds for Arrest
5. The hearing will assess if the arresting officer had reasonable grounds to suspect that the individual was intoxicated—whether as an adult, juvenile, or in illegal physical control of a vehicle—and if the officer followed proper arrest procedures. Refer to ORC Section 4511.197(C)(1).
6. Request for Testing
7. The officer’s request for the alleged offender to submit to one or more tests will be reviewed during this appeal. Refer to ORC Section 4511.197(C)(2).
8. Informing the Offender
9. The officer must inform the individual of the consequences of submitting to or refusing the chemical test. For repeat offenders, an officer is permitted to use necessary and reasonable methods to obtain a blood sample. The individual must be informed of this in advance, as stated in ORC Section 4511.197(C)(3).

A Cadiz OVI lawyer from the Youngstown Criminal Law Group can evaluate your case and determine if one or more of these possibilities apply to your situation. If none of these conditions are met, your attorney can request a hearing where the arresting officer will testify. During this hearing, your lawyer will advocate for the suspension to be lifted and your license reinstated.

Additionally, a Cadiz traffic ticket lawyer will meticulously review the officer’s BMV Form 2255 for errors. This form includes critical information such as whether your license was administratively suspended, the reason for your arrest, and the officer’s sworn statements. Mistakes in this document may serve as grounds for having the suspension dismissed. For example:

• The officer must check the box indicating that your license was suspended.
• The reason for your arrest must be clearly outlined.
• The statements must be properly notarized for the form to be valid.

An improperly completed form could result in the suspension being overturned. This process is complex and requires the expertise of a Cadiz criminal lawyer who specializes in OVI law.

Steps to Appeal an Administrative License Suspension

Your attorney will file your appeal either during your initial hearing or within thirty days after this hearing, as outlined in Ohio Revised Code Section 4511.197. Failing to file an appeal within this timeframe means accepting the ALS, even if you are later found guilty of your OVI charge. Filing within the set timeframe is essential to pursue early reinstatement of your driving privileges.

Why You Need an Experienced Cadiz OVI Lawyer

Appealing an administrative license suspension is not a do-it-yourself task—it requires the skill and knowledge of a seasoned professional. By working with a Cadiz OVI lawyer or a Cadiz criminal lawyer from the Youngstown Criminal Law Group, you gain experienced counsel that understands the intricacies of OVI law in Harrison County.

Sean Logue is a Cadiz OVI lawyer well-versed in handling ALS appeals. He is prepared to review your case, assess potential procedural or documentation errors, and represent your interests effectively. If you’re looking to challenge your license suspension, don’t wait—contact Sean Logue today at (330) 992-3036 to reclaim your driving privileges. Your future on the road starts right here.