ALS Appeal in Youngstown
If your license was administratively suspended, you have the right to appeal the suspension. The only way to get your driving privileges back before the set time the state has determined for the suspension is to appeal. Waiting to see if you are found not guilty will not get your license back, because the only way to do so is to appeal it within thirty days of your initial hearing.
Ohio law states in the Revised Code Section 4511.197 that an ALS (administrative license suspension) can be appealed as early as the driver’s first hearing, which occurs within 5 days of his arrest, or within 30 days of the first hearing.
Purview of the Administrative License Suspension Appeal
According to the Ohio Revised Code Sections 4511.197(C)(1)-(4), the purpose of an Administrative License Suspension appeal hearing is to discover if any of a list of possibilities has occurred. There are four of these possibilities, and they are listed below.
- Determining if the person did or did not submit to chemical testing in the case of a test refusal suspension, and if the alcohol concentration in the person’s blood, breath, or urine was illegally high in the case of a suspension due to a failed test.
- Determining if the arresting officer really had reasonable grounds to think the offender was an intoxicated adult, an intoxicated juvenile, or in physical control of a vehicle illegally, and if the officer really did arrest the person. ORC Section 4511.197(C)(1)
- Determining if the police officer or trooper asked the alleged offender to submit to one or more tests. ORC Section 4511.197(C)(2)
- Determining if the person arrested was informed by the officer of what could happen should he or she take the test or refuse to submit to it. In the case of a repeat offender, the officer is allowed to use any means necessary and reasonable to get a blood sample. He or she is supposed to tell the suspected OVI offender this in advance. ORC Section 4511.197(C)(3)
A Youngstown OVI lawyer will know from talking to you if one of the above is a way to get your suspended license reinstated. If he can’t show that one of the things listed is true, he will request a hearing, at which the arresting officer testifies and your lawyer asks the judge to cancel the suspension and reinstate your license.
Additionally, your Youngstown OVI lawyer will review the form (BMV Form 2255) the arresting officer gave you. He’ll look at how it was filled out and notarized. Any mistakes can be cause for getting it thrown out of evidence. There is a box that must be checked indicating your license was administratively suspended, and a place for the reason you were arrested listed. In the last, the officer must indicate a reason that gave him reasonable grounds to arrest you. Then, he must attest to or swear to the statements he made on the form. If he does it improperly, you have grounds for having the suspension lifted.
This is not something to do on your own; for this, you need expert assistance. You need the assistance of someone who has experience in OVI law and defense.
The Process of Appealing an Administrative License Suspension
Your attorney will file an appeal to your Administrative License Suspension either at your initial hearing, or within 30 days after. The Ohio Revised Code has set this time limit in Section 4511.197. If a driver whose license was suspended following an OVI arrest does not appeal the suspension and is later found guilty, the ALS will stand. You must file within the set time frame to have any chance at all of getting your license back early.
Sean Logue is the Youngstown OVI lawyer who is best able to help you appeal the improper suspension of your license. If you are in this situation, call him today at (330) 992-3036.
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