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ALS Appeal in Warren, Trumbull County, Ohio
If your driver’s license was suspended administratively, you have the right to appeal this suspension. The only way to regain your driving privileges before the state-determined suspension period ends is by appealing. Simply waiting to be found not guilty will not restore your license; an appeal must be filed within thirty days of your initial hearing.
Ohio law, specifically Revised Code Section 4511.197, states that an Administrative License Suspension (ALS) can be appealed as early as the driver’s first hearing, which takes place within 5 days of arrest, or within 30 days of the first hearing.
Purview of the Administrative License Suspension Appeal
Ohio Revised Code Sections 4511.197(C)(1)-(4)
The purpose of an Administrative License Suspension appeal hearing is to determine if any of several specified circumstances have occurred. These are listed below:
- Chemical Testing and Results:
- Was there a failure to submit to chemical testing in the case of a test refusal suspension?
- Was the alcohol concentration in the person’s blood, breath, or urine illegally high in the case of a failed test suspension?
- Reasonable Grounds for Arrest:
- Did the arresting officer have reasonable grounds to believe the offender was an intoxicated adult, an intoxicated juvenile, or unlawfully in control of a vehicle?
- Was the person actually arrested by the officer? (ORC Section 4511.197(C)(1))
- Request for Chemical Tests:
- Did the police officer or trooper ask the alleged offender to submit to one or more tests? (ORC Section 4511.197(C)(2))
- Informing the Suspected Offender:
- Was the person informed by the officer of the consequences of taking or refusing the test?
- For repeat offenders, did the officer use reasonable means to obtain a blood sample and inform the suspected OVI offender in advance? (ORC Section 4511.197(C)(3)
Working with Your Lawyer
A Warren criminal lawyer will assess these points to determine if your suspended license can be reinstated. If none of the conditions listed above are met, your Warren OVI lawyer will request a hearing where the arresting officer will testify, and the Warren criminal lawyer will ask the judge to cancel the suspension and reinstate your license.
Additionally, your Warren OVI lawyer will review BMV Form 2255, provided by the arresting officer, for any errors in its completion and notarization. Mistakes on this form can also be grounds for dismissing the suspension. If the form was improperly filled out, indicating that your license was administratively suspended and listing the reason for your arrest without proper attestation, you may have grounds for lifting the suspension.
This is not something to tackle alone; expert assistance is essential. You need someone experienced in OVI law and defense.
The Process of Appealing an Administrative License Suspension
Your Warren criminal attorney will file an appeal to your Administrative License Suspension at your initial hearing or within 30 days after it. The Ohio Revised Code Section 4511.197 sets this time limit. If a driver does not appeal the suspension within this timeframe and is later found guilty, the ALS will stand. Filing within the set period is crucial to have any chance of getting your license back early.
Sean Logue is the Warren criminal lawyer best equipped to help you appeal an improper license suspension. If you are in this situation, contact us today at (330) 992-3036.