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Appeal of Administrative License Suspension

While it is possible to appeal a license suspension on your own, most people chose to use a lawyer because appeals take time and resources to be successful, especially if they’re the result of a DUI, habitual traffic offender, or major traffic conviction. Failing to adequately represent oneself at a suspension hearing will invariably result in loss of one’s license for anywhere from 1 year to life.

Cincinnati Lawyer for Administrative License Suspension Appeals

Just because you’ve been handed down an administrative license suspension does not mean that you will lose your license. A strong lawyer will negotiate with the court on your behalf to show that you need and deserve a reduced or removed sentence. Good representation can make the difference between one to a few months to years without reliable transportation. Many people simply accept the suspension handed down by the court without realizing the implications – a full suspension means not being able to move freely.

The majority of people in Cincinnati are heavy commuters – without a license, getting to work can be impossible, and everyday tasks like getting groceries become difficult without reliable transportation. Driving with a suspended license is a serious offense and can lead to actual jail time, fines and an extended suspension period.

If you’ve been convicted of a traffic crime or are otherwise facing an administrative license suspension based on license points, you need to contact an experienced Cincinnati traffic attorney immediately. Mark Wieczorek will negotiate with the court on your behalf, ensuring that you receive the best outcome possible.

The Wieczorek Law Firm, LLC serves Hamilton County, including the major Cincinnati metropolitan area. Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our contact form.

Administrative License Suspensions under Ohio Law

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Administrative License Suspensions in Hamilton County

The penalties for administrative license suspensions in Ohio depend on the classification of the suspension. Ohio Revised Code Section 4510.02 divides these suspensions into seven classes:

  1. Class One Suspension: A lifetime suspension, often imposed for the most severe violations.
  2. Class Two Suspension: Ranges from three years to life.
  3. Class Three Suspension: Two to ten years.
  4. Class Four Suspension: One to five years.
  5. Class Five Suspension: Six months to three years.
  6. Class Six Suspension: Three months to two years.
  7. Class Seven Suspension: Up to one year.

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Reasons for an Administrative License Suspension

There are a few primary reasons why a person may be handed down an administrative license suspension. These include:

  1. Being charged with an OVI (operating a vehicle while intoxicated)
  2. Racking up 12 points on a driver’s license
  3. Being convicted of a serious traffic crime like vehicular manslaughter or destruction property with a vehicle
  4. Refusing a blood or chemical test following an OVI arrest

It is important to note that a person can be issued an administrative license suspension even if they are not found guilty in their court case.

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The Administrative License Suspension Hearing Process

When an administrative license suspension is handed down, the recipient is given 30 days to respond. The respondent can either:

  1. Accept the judgement handed down by the court
  2. File an appeal with the Ohio Bureau of Motor Vehicles (BMV)

Mark Wieczorek makes it a point to file your appeal on or within a few days of your arraignment. An early response is generally viewed favorably by the court and can be used to show a willingness to accept modified suspension terms.

Once the BMV has received the response, it will set a date for a hearing. The respondent retains driving privileges until the hearing has concluded.

At the hearing, the respondent has the opportunity to convince the BMV to throw the suspension out, negotiate for reduced charges, or find alternate solutions to a license suspension. The BMV may throw out the case for one of four reasons:

  1. The police did not have just cause to arrest the defendant
  2. The police did not inform the defendant of the consequences of refusing a chemical test
  3. The defendant did not actually refuse the test, but was wrongfully reported as doing so
  4. The defendant did not actually fail the test, but was reported as doing so. This is typically the result of a medical condition or faulty testing device.

In addition, any breaks in chain of custody for blood or urine testing can be used to challenge the validity of a test result. The defendant will still need to attend the hearing, but proving any of the above will result in the suspension being tossed out.

Additionally, an “ab initio” motion may be filed by the defense if the police’s submission of Form 2255 is not properly filled out. Form 2255 is the notarized paper submitted by the police to ask the court to impose an administrative license suspension. If this form is not notarized or filled out correctly the court will, in most cases, overturn the suspension.

Jurisdiction and Filing Location

To initiate the appeal, the defendant must file in the court with proper jurisdiction over the case. This could be a municipal court, county court, juvenile court, mayor’s court, or a court of common pleas, depending on where the original charges were filed. If the police fail to file their Form 2255 in the proper jurisdiction, the case may be considered void; likewise, if the respondent fails to file their appeal in the correct district, the appeal may be thrown out and a base suspension will be imposed.

Alternate Sentencing

When a person is convicted or pleas guilty in an OVI case, they typically face rather steep driving penalties – however, if the respondent has a strong lawyer, their representation may be able to receive an alternate sentence. This typically includes either:

  1. Reduced license revocation (e.g., from 6 months to 3 months)
  2. Alternates to suspension/revocation. These can include any or all of the following:
    1. A curfew for driving. These curfews typically coincide with typical drinking times, such as from 8-9 p.m. to 6 a.m., or sundown to sunup.
    2. The installation and monitoring of an Ignition Interlock Device (IID). Also known as a “breath start”, these require the driver to pass a breath test before starting the vehicle. Trying to bypass the IID or failing the test can have serious consequences, including reversion of suspension probation to default guidelines.
    3. Submitting to regular drug screenings, in the case of drug-related OVIs.
    4. Completing defense driving courses.

While it is certainly possible to negotiate a reduced sentence alone, having an attorney fight aggressively on one’s behalf will typically result in much lower penalties than doing so alone. In addition, if the respondent is the sole provider for a family, or is a caretaker, the court often imposes much lighter sentencing.

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Examples of Administrative License Suspension

  1. Class A Suspension (Three Years): A driver who has been convicted of refusing a chemical test during an arrest for an OVI violation may receive a suspension under this category. This severe penalty underscores the importance of compliance with Ohio’s implied consent laws.
  2. Class C Suspension (One Year): A first-time offender who fails a chemical test with a blood alcohol concentration (BAC) above the legal limit may face a one-year suspension, even if their OVI charges are dismissed.
  3. Class Seven Suspension (Up to One Year): A suspension for less severe offenses, such as low-level administrative violations related to implied consent laws.

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Role of Expert Witnesses in Appeals

Like in a court case, both the respondent and law enforcement are allowed to utilize expert witnesses. These witnesses can play a crucial role in administrative suspension appeals. A forensic toxicologist, for instance, can challenge the accuracy of chemical test results or provide alternative explanations for elevated BAC levels. Similarly, an expert on police procedures can identify flaws in how field sobriety or chemical tests were administered. Including expert testimony strengthens an appeal by introducing doubt about the evidence supporting the suspension.

However, it should be noted that the police are also allowed to use expert witnesses – simply administering a chemical or breath test does not mean the administering officer has the technical authority to speak on the efficacy of the test results.

One of the roles of a representing attorney is to solicit expert testimony to counter expert testimony introduced by law enforcement. This is extremely challenging to do alone.

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Differences Between Administrative and Criminal Proceedings

Administrative license suspension hearings differ significantly from criminal OVI trials. Administrative proceedings focus on whether the driver violated implied consent laws, while criminal trials address whether the driver committed an OVI offense. Administrative hearings do not require proof beyond a reasonable doubt but instead use a “preponderance of the evidence” standard. These distinctions mean that a driver can lose their license administratively even if acquitted in the criminal case.

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Special Considerations for Juveniles

Juveniles face unique challenges under Ohio’s administrative suspension laws. Drivers under 21 are subject to stricter BAC limits under Ohio Revised Code Section 4511.19(B), which penalizes BAC levels as low as 0.02%. Juveniles often have probationary licenses, which can complicate suspension terms. Additionally, suspensions may impact education-related driving privileges. Losing an administrative suspension while being eligible or holding a permit means that the minor must wait a full year before applying for either a permit or license. For minors that are otherwise eligible for a license, they must also wait for one year before obtaining a permit.

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The Impact of Refusing a Chemical Test Beyond Suspension

Refusing a chemical test in Ohio has consequences beyond the immediate license suspension. Under Ohio Revised Code Section 4511.197(D), refusal can be used as evidence against the defendant in court. Prosecutors often argue that refusal indicates consciousness of guilt. Additionally, refusal-based suspensions typically carry harsher penalties, including longer suspension periods and increased fines. Drivers should understand that refusal not only affects their driving privileges but also weakens their defense in an OVI case.

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Frequently Asked Questions

Can a person drive while waiting for their appeal to be decided?
Yes and no. By default, the answer is no, however, the court typically grants a stay during the appeal process, as outlined in Ohio Revised Code Section 4511.197(A).

How long does it take to resolve an appeal?
The timeline depends on court schedules and whether any continuances are requested, as permitted under Ohio Revised Code Section 4511.197(A). Most hearings are completed in a single day, but complex cases can take longer.

What happens if the appeal is denied?
If the appeal is denied, the suspension continues as originally imposed. Further legal options, such as a petition for limited driving privileges, may be available under Ohio Revised Code Section 4511.197(E). If the respondent did not request a stay during the appeals process, this time might count as part of the overall suspension period.

Can limited driving privileges be obtained during the suspension?
Yes, individuals may file a petition for limited driving privileges, provided they meet the conditions outlined in Ohio Revised Code Sections 4510.021 and 4510.13.

Does winning the OVI case automatically end the suspension?
No, an administrative suspension can remain in effect even if the defendant is acquitted of OVI charges, per Ohio Revised Code Section 4511.197(D).

What evidence can be presented during the appeal?
The appeal focuses on whether the conditions specified in Ohio Revised Code Section 4511.197(C) were met. Evidence may include witness testimony, video footage, or documentation of procedural errors.

How does an administrative suspension affect insurance rates?
An administrative suspension is likely to result in higher insurance premiums or difficulty obtaining coverage due to being labeled a high-risk driver.

Can an out-of-state driver appeal an Ohio suspension?
Yes, but the appeal must be filed in the Ohio court with jurisdiction over the arrest, as specified in Ohio Revised Code Section 4511.197(B).

What happens after I finish my suspension? How do I get my license back?
If you have completed your suspension, you must file a notice with the court, provide the required documentation based on the reason for the suspension, and pay a $450 reinstatement fee.

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Additional Resources

  • Ohio Revised Code Section 4511.197: Appeal of Implied Consent Suspension – This source provides the specific procedures and requirements for appealing an administrative license suspension in Ohio. It explains how appeals are filed, the conditions for granting a stay, and the criteria courts use to determine the validity of a suspension. Individuals can learn about the timeline for appeals, the scope of review, and the documentation required to support their case.
  • Ohio Revised Code Section 4511.19: Operating Vehicle Under the Influence of Alcohol or Drugs – This source outlines the laws governing operating a vehicle under the influence of alcohol or drugs in Ohio. It specifies the prohibited levels of alcohol and controlled substances in a driver’s system, penalties for violations, and additional legal considerations such as testing requirements. Readers can use this source to understand the legal thresholds for OVI charges and the consequences of violating these laws.
  • Ohio Revised Code Section 4510.02: Definite Periods of Suspension – Suspension Classes – This source categorizes driver’s license suspensions in Ohio by class and duration. It explains the range of suspension periods for each class and the legal authority of courts and the Bureau of Motor Vehicles to impose suspensions. It also includes provisions for remedial driving courses and conditions for reinstating driving privileges. Readers can learn about the classification system and the penalties associated with each level.

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Hire an Attorney for Administrative License Suspension Appeal in Hamilton County, OH

If you or your child has received a license suspension following an OVI or traffic incident, you need to contact an experienced traffic attorney immediately. Acting quickly, especially within the first few days of a suspension notice and using an experienced attorney is crucial to receiving a favorable outcome.

The Wieczorek Law Firm, LLC serves Hamilton County, including the major Cincinnati metropolitan area. Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our contact form.

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