ALS Appeal in Steubenville
If your license has been suspended administratively, you have the right to appeal. However, it’s crucial to understand that simply waiting to be found not guilty will not automatically reinstate your license. Instead, you must initiate an appeal within thirty days of your initial hearing to regain your driving privileges before the designated suspension period.
Under the Ohio Revised Code Section 4511.197, an ALS (Administrative License Suspension) can be appealed as early as the driver’s first hearing, which occurs within 5 days of their arrest or within 30 days of the first hearing.
Purview of the Administrative License Suspension Appeal
Now, let’s delve into the scope of an Administrative License Suspension appeal. As described in the Ohio Revised Code Sections 4511.197(C)(1)-(4), the appeal hearing aims to address four specific possibilities:
- Determining whether the person refused chemical testing or had an illegally high alcohol concentration in their blood, breath, or urine leading to a test failure suspension.
- Verifying whether the arresting officer had reasonable grounds to suspect the individual of being an intoxicated adult, an intoxicated juvenile, or illegally operating a vehicle, and whether the officer made the arrest. (ORC Section 4511.197(C)(1))
- Establishing whether the alleged offender was asked by the police officer or trooper to undergo one or more tests. (ORC Section 4511.197(C)(2))
- Confirming whether the person under arrest was fully informed by the officer about the potential 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, with advance disclosure to the suspected OVI offender. (ORC Section 4511.197(C)(3))
Are you looking to reinstate your suspended license? Seek the expertise of a knowledgeable Steubenville OH OVI lawyer who can guide you through the process. During your consultation, the lawyer will assess whether your situation meets the criteria for license reinstatement. If not, they will request a hearing where the arresting officer will testify, and your Steubenville OH criminal lawyer will advocate for the cancellation of the suspension.
Your attorney will thoroughly review the BMV Form 2255 provided by the arresting officer to ensure long-lasting speed and performance improvement. Meticulous examination of its completion and notarization is crucial, as any errors or inconsistencies could potentially dismiss it as evidence against you. Specifically, your lawyer will check if the checkbox indicating administrative suspension is marked and if the reason for your arrest is accurately stated. The arresting officer must also clearly justify the grounds for your arrest and attest to the statements made on the form. Improperly completed sections may provide a basis for lifting the suspension.
It’s important to remember that navigating this process alone can be challenging and daunting. Rest assured, a seasoned Steubenville OH criminal lawyer with expertise in Steubenville law is ready to offer you the necessary guidance and representation.
The Process of Appealing an Administrative License Suspension
Appealing an Administrative License Suspension involves filing an appeal either at your initial hearing or within 30 days. Adhering to the time limit specified in Section 4511.197 of the Ohio Revised Code is crucial. Failure to appeal the suspension and subsequent conviction will result in upholding the ALS. Filing within the designated timeframe increases your chances of obtaining an early license reinstatement.
For your best chance at challenging the improper suspension of your license, turn to Sean Logue, the trusted Steubenville OH criminal lawyer. If you find yourself in this situation, don’t hesitate to call him today at (330) 992-3036.
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