ALS Appeal in St. Clairsville

If your license has been administratively suspended, it is important to understand your rights and the options available for appeal. Appealing the suspension is the only way to regain your driving privileges before the predetermined time set by the state. Waiting for a verdict of not guilty will not automatically reinstate your license. Instead, you must file an appeal within thirty days of your initial hearing.

According to Ohio law, as stated in the Revised Code Section 4511.197, an Administrative License Suspension (ALS) can be appealed at the driver’s first hearing, which typically occurs within five days of the arrest or within thirty days of the first hearing.

Purview of the Administrative License Suspension Appeal

The purpose of an Administrative License Suspension appeal hearing, as outlined in the Ohio Revised Code Sections 4511.197(C)(1)-(4), is to determine if any of the following circumstances apply:

• Whether the person refused to submit to chemical testing (test refusal suspension) and if the alcohol concentration in their blood, breath, or urine exceeded the legal limit (suspension due to a failed test).
• Whether the arresting officer had reasonable grounds to suspect the offender of being an intoxicated adult, intoxicated juvenile, or unlawfully in physical control of a vehicle, and if the arrest was executed properly (ORC Section 4511.197(C)(1)).
• Whether the police officer or trooper requested the alleged offender to undergo one or more tests (ORC Section 4511.197(C)(2)).
• Whether the arrested individual was properly informed by the officer of the consequences of taking or refusing the test. In the case of repeat offenders, the officer is permitted to use necessary and reasonable means to obtain a blood sample, and this should be communicated beforehand (ORC Section 4511.197(C)(3)).

Ensuring a fair and thorough examination of these factors is essential during an Administrative License Suspension appeal process.

The Process of Appealing an Administrative License Suspension

A knowledgeable St. Clairsville OVI lawyer is well-versed in the methods to reinstate your suspended license. They will meticulously review your case, assessing if any of the listed criteria apply, and request a hearing if necessary. During the hearing, the arresting officer will testify while your lawyer persuades the judge to cancel the suspension and restore your license.

Moreover, your St. Clairsville criminal lawyer will thoroughly scrutinize the content and notarization of the form (BMV Form 2255) provided by the arresting officer. Any errors in the form can potentially lead to its exclusion as evidence. Specifically, there is a designated checkbox that must be marked to indicate an administrative license suspension, along with a space to specify the reason for your arrest. The officer must also provide a legitimate justification for probable cause and formally affirm the statements made on the form. Any mishandling of this process can provide grounds for lifting the suspension.

It is crucial to seek professional assistance for these matters, as an expert with extensive experience in OVI law and defense can guide you through the process with expertise and precision.