The ability to drive is important to many people in Ohio and some people will attempt to drive even after their licenses have been suspended by the state. This can be a costly decision because routine traffic stops can lead to arrests when an alleged offender is driving while their license has been suspended.
The reasons for driver’s license suspensions vary depending on circumstances, but the bottom line remains that no person is allowed to operate motor vehicle in the state without a valid license. Convictions for driving on a suspended license can create a series of problems that make it more difficult for a person to get back on the road in the immediate future.
If you were arrested for allegedly driving on a suspended driver’s license in the greater Columbus area, you are going to need to find yourself a skilled attorney to handle your criminal charges. Sabol | Mallory regularly defends people accused of all kinds of traffic offenses in Franklin County and surrounding areas.
Our firm will not only help fight your criminal charges but also do what we can to help you legally get back behind the wheel. You can have us look at your case and begin developing a defense against the criminal charges when you call (614) 300-5088 or contact us online for a free consultation.
People can have their driver’s licenses suspended for a number of different reasons. One of the most common is a points-based suspension, meaning that a driver accumulated too many points on their driving record in a certain time frame.
When a person accumulates 12 points in a two-year period, they are required to serve a six-month suspension, complete a remedial driving course, file a certificate of insurance (SR-22/bond), pay a reinstatement fee, and retake the complete driver license exam. Points are generally assigned as follows for traffic offenses:
● Vehicular Homicide/Assault — 6 points
● Fleeing/Eluding Officer — 6 points
● Hit and Run — 6 points
● Street Racing — 6 points
● Driving on a Suspended License — 6 points
● Unauthorized Use of a Motor Vehicle — 6 points
● Any Felony Involving a Motor Vehicle — 6 points
● Underage OVI— 4 points
● Speeding (More than 30 mph over limit) — 4 points
● Operating a Vehicle in Willful or Wanton Disregard of the Safety of Persons or Property — 4 points
● Speeding (Less than 30 mph over limit) — 2 points
● Disobeying a Traffic Control Device — 2 points
● Disobeying a Traffic Signal — 2 points
● Driving Too Slow — 2 points
● Driving Under Suspensions For Failure To Pay Child Support or Unpaid Judgments — 2 points
● Failure to Yield — 2 points
● Failure to Yield to Pedestrians on a Sidewalk or in a Crosswalk — 2 points
● Following Too Close — 2 points
● Improper Passing — 2 points
● Improper Turn — 2 points
● Improper U-turn — 2 points
● Marked Lane Violation — 2 points
A child support enforcement agency can order a license suspension because of failure to pay on a child support order or failure to answer to a warrant or subpoena for child support issues. This suspension is indefinite and will stand until all requirements are met.
A license forfeiture suspension is imposed when an individual is charged with a first, second, third or fourth degree misdemeanor and either fails to appear in court or fails to pay a court fine. A court can also impose a suspension for traffic violations, and the length of the suspension is determined by the court.
Under Ohio Revised Code § 4510.11, no person whose driver's or commercial driver's license (CDL) or permit or nonresident operating privilege has been suspended under any provision of the Ohio Revised Code can operate any motor vehicle upon the public roads and highways or upon any public or private property used by the public for purposes of vehicular travel or parking within this state during the period of suspension unless the person is granted limited driving privileges and is operating the vehicle in accordance with the terms of the limited driving privileges. A violation of this statute is generally a first-degree misdemeanor and the court can impose upon the alleged offender a class seven suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in Ohio Revised Code § 4510.02(A)(7), which is usually one year.
The possible punishments for a driving on a suspended license conviction may include:
● First-Degree Misdemeanor — Up to 180 days in jail and/or a fine of up to $1,000
The court, in addition to any other penalty that it imposes on the alleged offender and if the vehicle is registered in the offender's name and if, within three years of the offense, the alleged offender previously has been convicted of or pleaded guilty to one violation of driving on a suspended license or Ohio Revised Code § 4510.111 (Driving under suspended license for failing to appear or pay fine or for default in payment of child support) or Ohio Revised Code § 4510.16 (Driving under financial responsibility law suspension or cancellation; driving under a nonpayment of judgment suspension), or a substantially equivalent municipal ordinance, the court, in addition to or independent of any other sentence that it imposes upon the offender, may order the immobilization of the vehicle involved in the offense for 30 days and the impoundment of that vehicle's license plates for 30 days.
If the vehicle is registered in the alleged offender's name and if, within three years of the offense, the alleged offender previously has been convicted of or pleaded guilty to two violations of driving on a suspended license, or any combination of two violations of this section or Ohio Revised Code § 4510.111 or Ohio Revised Code § 4510.16, or of a substantially similar municipal ordinance, the court, in addition to any other sentence that it imposes on the alleged offender, may order the immobilization of the vehicle involved in the offense for 60 days and the impoundment of that vehicle's license plates for 60 days.
If the vehicle is registered in the alleged offender's name and if, within three years of the offense, the offender previously has been convicted of or pleaded guilty to three or more violations of driving on a suspended license, or any combination of three or more violations of this section or Ohio Revised Code § 4510.111 or Ohio Revised Code § 4510.16, or of a substantially similar municipal ordinance, the court, in addition to any other sentence that it imposes on the alleged offender, may order the criminal forfeiture of the vehicle involved in the offense to the state.
Ohio Driving with a Suspended License Resources
Suspensions & Reinstatements - State of Ohio Bureau of Motor Vehicles (BMV) — Visit this section of the Ohio BMV website for information about the reinstatement fee amnesty initiative and suspension-related fees. You can also learn more about court suspensions, CDL suspensions, insurance-related suspensions, and juvenile suspensions. There is also an other suspensions section that relates to information such as the six-point warning letter that the BMV sends people when they have amassed six points within two years.
State v. Morrison, 2 Ohio App. 3d 364 (1982) — On August 17, 1979, Gary Morrison hit a telephone pole while he allegedly attempted to avoid an oncoming car and the officer investigating the accident discovered, from a computer check, that Morrison's license had been suspended under the Financial Responsibility Act as the result of a prior 1978 collision. Although Morrison protested that there must be a mistake, he was cited for driving under suspension, and failure to control. On June 5, 1981, police officers responded to a fight call at an address in Springfield Township and saw a car pulling away from the curb in which Morrison switched seats with his female passenger after being stopped. A computer check again showed that Morrison's license had expired and he was cited accordingly. The Court of Appeals of Ohio in Summit County ruled that Morrison should be permitted to challenge compliance with the applicable notice provisions as regards the suspension upon which his driving under suspension charge was predicated, and the conviction for driving under suspension was reversed with the cause remanded for a new trial consistent with this opinion.
Were you arrested for driving on a suspended license in Columbus? You are going to want to be sure that you have a lawyer who can fight to protect your rights and help you get back on the road as soon as possible.
Sabol | Mallory will diligently work to restore your driving privileges. Call (614) 300-5088 or contact us online to receive a free consultation that will let our firm review your case and discuss all of the options available to you.