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License Suspension Procedures in New Castle
Two Ways Your License Can Be Suspended in Ohio
Your driver’s license can be suspended in Ohio in two primary ways: either through a court order following a criminal conviction or directly by the Ohio Bureau of Motor Vehicles (BMV) via an administrative process. Many situations can lead to a suspension, such as driving under the influence (DUI), accumulating 12 or more points on your license, or refusing a chemical test during a DUI stop. The strategy for challenging the suspension will depend on whether it was issued through a criminal conviction or an administrative action.
Navigating this legal process can be overwhelming and stressful if you’re not familiar with the law. This is where seeking help from a qualified lawyer becomes crucial. At Youngstown Criminal Law Group, you’ll receive guidance from an experienced New Castle criminal lawyer who can help you effectively fight your license suspension.
License Suspension by the BMV
The Ohio BMV can suspend your license under several circumstances, including:
- Refusing to submit to a chemical test after being arrested for a DUI/OVI.
- Having a Blood Alcohol Content (BAC) of .08% or higher during a lawful traffic stop.
- Failing to provide proof of auto insurance at the time of a traffic stop.
- Causing an accident while you are uninsured.
- Accumulating 12 or more points on your driver’s license within a two-year period for various traffic offenses.
When your license is suspended for any of these reasons, it is considered a civil administrative procedure. This is known as an Administrative License Suspension (ALS) because it doesn’t stem from a criminal charge. To challenge this, you should select a lawyer who has experience working directly with the BMV.
Receiving Notice of a License Suspension
If you receive an ALS during a traffic stop, you will be served immediate notice. The police officer will confiscate your license and provide you with a copy of BMV Form 2255, which details the suspension. You must stop driving immediately and get in touch with a New Castle DUI lawyer. You have 30 days from your arraignment to appeal and seek to have your criminal charges dropped. If you accumulate 12 or more points, the BMV will mail you a letter informing you of the suspension, including its start and end dates. An appeal must be filed before the suspension begins.
Duration of an Administrative License Suspension
The length of an ALS is categorized from Class F to Class A. A Class F suspension is the least severe and typically lasts until specific conditions are met. A Class E suspension lasts for three months, while a Class A suspension is the most severe, lasting for three years. Your previous driving record and any prior suspensions will also be considered when determining the duration of the ALS. A skilled New Castle criminal lawyer can help you understand the potential duration of your suspension.
Contesting an Administrative License Suspension
It’s vital to file an appeal as quickly as possible. Whether your license was suspended on the spot or you received a letter from the BMV, you should not delay in contacting a legal professional.
If you are facing an ALS from the BMV alongside criminal charges, your lawyer will represent you in both the civil and criminal proceedings. It’s important to understand that even if you win your ALS appeal, you could still lose your driving privileges as a result of the criminal charges. However, if the criminal charges are dropped or you are found not guilty, a New Castle DUI lawyer can work to have your license reinstated immediately.
Limited Driving Privileges
Even if your driver’s license is suspended, you may be able to regain limited driving privileges. After a mandatory “hard suspension” period, your attorney can petition the court or the BMV for a restricted driver’s license. This would allow you to drive for essential purposes, such as to and from work, school, medical appointments, and court-ordered treatments. An experienced New Castle criminal lawyer can guide you through this process.
Connect With a New Castle Traffic Lawyer
At Youngstown Criminal Law Group, our skilled Ohio traffic lawyers are ready to help you challenge your license suspension and restore your driving privileges.Call (330) 992-3036 or contact us online to schedule a free consultation.