Limited Driving Privileges in Steubenville
When dealing with an OVI arrest in Steubenville, it is absolutely crucial to seek the guidance and expertise of a knowledgeable Steubenville OH criminal lawyer like Sean Logue. With his deep understanding of the law, Sean Logue can provide invaluable assistance in explaining the requirements for obtaining limited driving privileges during this challenging time.
After an OVI arrest, your driver’s license will be suspended by the Bureau of Motor Vehicles under an administrative license suspension (ALS). To avoid serving the entire ALS, regardless of the outcome of your case, it is essential to file an immediate appeal.
Limitations of Driving to Work Privileges
However, it is important to be aware of specific time restrictions when it comes to obtaining limited driving privileges following a court-ordered license suspension. Requests made during certain time periods may face denial. The restrictions vary depending on the offense:
- First OVI offense: First 30 days after the suspension date
- Second refusal to submit to BAC test within 6 years: First 90 days after the suspension date
- Third refusal to submit within 6 years: First year after the date of suspension
- Fourth refusal to submit to a chemical test within 6 years: First three years following the suspension date
It is worth noting that individuals with three or more OVI convictions, or those who have pleaded guilty to OVI three or more times within a 7-year period, are not eligible for Limited Driving Privileges.
Court-Ordered OVI Suspensions and Limited Driving Privileges
For individuals facing court-ordered OVI suspensions, there may be an opportunity to obtain limited driving privileges. These privileges are granted by the judge based on specific reasons and additional considerations. During the initial suspension period following an OVI arrest, the driver must serve the suspension; however, once this timeframe is completed, they can petition the court for limited driving privileges.
To retain certain driving privileges, the driver must submit a petition to the appropriate court as soon as they receive notice of their license suspension. If approved, the driver will be permitted to operate a motor vehicle for essential activities such as commuting to school or work, attending doctor and court appointments, transporting minor children to school or daycare, and participating in court-ordered treatment sessions. Additionally, the driver is allowed to take a driver’s license or CDL test.
Limited driving privileges can be obtained through a process that involves filing a request with the appropriate court. The court overseeing the jurisdiction where the driver was arrested, which could either be a county court or a municipal court, holds the authority to handle these requests. In the case of a minor driver, the request must be filed in juvenile court.
If approved, the driver may be required by law to install an ignition interlock device in their vehicle or have restricted (“party”) plates assigned to their car. An ignition interlock device serves as a safeguard by preventing the vehicle from starting until the driver provides an alcohol-free breath sample. Moreover, it conducts random breath tests while driving, automatically shutting off the vehicle if alcohol use is detected.
The judge may exercise discretion in utilizing optional tools like the ignition interlock and party plates based on the specific circumstances. However, in certain instances, these tools are mandated by law.
To acquire limited driving privileges, drivers must fulfill specific mandatory requirements, which include:
- Paying a filing fee to the court
- Obtaining a court order that modifies the suspension
- Possessing and maintaining a valid, non-expired driver’s license
- Adhering to all reinstatement and suspension requirements
- Providing the court with proof of car insurance (also known as financial responsibility) and filing this proof with the Bureau of Motor Vehicles for the required duration.
If you find yourself in need of driving privileges after an OVI conviction, rely on Steubenville OH OVI lawyer Sean Logue. He understands the importance of driving for your job or taking care of your children. Give him a call at (330) 992-3036 for reliable assistance.
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