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What to Avoid Before and During the BMV’s Administrative License Suspension Hearing
Interviewer: What have you observed as far as things that clients say or do that may hurt their case with the DMV?
You Must be Proactive During the ProcessDale Naticchia: The worst thing you could do is nothing. You have to be proactive. Because that case just sits there; you’re not going to go to jail, you don’t get notices but the case is there and that can prevent you from driving.
Your Attorney Will Thoroughly Review the Case to Look for Grounds to Appeal or Stay the Administrative License SuspensionOne of the first goals I have when I get a client is to get them back on the road, legally. I also review the case to look for grounds to appeal the ALS and to have it terminated. Or there might be grounds to have it what they call stayed.
You look at that very carefully. Many people just don’t think about what’s going on at the BMV because there’s no jail time involved. Instead, they focus on the upcoming court case.
It is Advisable to Contact an Attorney as Soon as Possible After Receiving an OVI Charge in OhioInterviewer: What are some things that you’d recommend? Let’s say they’ve been arrested for a DUI and they contact you? What are some things that you’re going to prepare them for?
Dale Naticchia: What I will do is have them give me that 2255 form as soon as possible so I can examine it to see if it’s been filled out correctly or incorrectly.
It is Best to Have an Attorney Counsel You on the Possibility of an Occupational License and any New Changes to the Drunk-Driving LawI also advise my client the earliest that they can get occupational privileges. I’ll let them know if we do have grounds to appeal the Administrative License Suspension.
There’s been a change in law in the last twelve months in Ohio. Previously, someone with a commercial driver’s license upon conviction of OVI would get a disqualification of their CDL. The court is not allowed to give you privileges to drive a commercial vehicle.
Commercial Drivers Face the Loss of Their CDL After an Administrative License SuspensionThat law has changed. Now the triggering event for the disqualification of your commercial driver’s license is the issuance of the Administrative License Suspension.
In the case of a commercial driver, I have to immediately appeal that ALS because that’s going to cause them to be disqualified and they won’t be able to work for a year.
Traffic-Related Offenses, Including OVIs, Remain on Your Driving Record for LifeInterviewer: Let’s say someone gets a simple OVI and its maybe their first offense. Would they be able to get that offense on their driving record expunged or sealed?
Dale Naticchia: No. Nothing in traffic’s ever expunged. It stays on your record forever. You can get out from underneath the penalties or you can mitigate. But it will always be on your record.
