If you’ve ever had your driver’s license suspended, you understand how difficult suspension makes your entire life. You may need to drive to get to work to pay your bills, to get your kids to school or to take care of elderly parents. If you’re not on a bus line, a task as simple as getting groceries can suddenly become an errand that requires massive planning. And if you don’t know someone willing to give you a ride — well, you’re either out of luck or out of money. Taking an Uber to the grocery store can really rack up the costs.
Driving under an OVI suspension is a violation of Ohio Revised Code 4510.14. It is a separate offense from a DUI/OVI charge and carries harsh mandatory penalties. Most of these charges originate when a person is desperate to live up to their obligations to their work and/or their family. Driving under a 12-point, OVI, or ALS suspension Exceeding speed limit of less than 55 mph by 5 mph but Driving under the influence of alcohol, drug of abuse, or both1 Operating in violation of registrar’s license restriction Unauthorized use of vehicle (that does not involve an aircraft or motorboat). Penalties for Driving with a Suspended License in Ohio A driving with a suspended license charged carries serious penalties if convicted. If you are convicted for driving with a suspended license, you will be charged with a first degree misdemeanor. This entails a maximum of 6 months in jail and up to $1,000 in fines.
Dungan & LeFevre attorneys Jack Hemm, Steven Justice and Michael Scarpelli all have extensive experience in this area of law and can help secure the best possible outcome if you find yourself charged with an offense involving your right to drive. Call 937-770-6225 or complete our contact form to set up a consultation.
(Un)Equal Treatment Under The Law
Before October 16, 2009, driving under any kind of suspension was classified as a first-degree misdemeanor punishable by up to six months in jail, a maximum $1000 fine and six points assessed against the permanent driving record. The unfortunate reality was that these consequences were applied equally regardless of the reason for license suspension. A person caught driving whose suspension was the result of a failure to pay a fine on a minor traffic ticket was treated the same as the individual caught driving after having their license suspended for vehicular homicide or multiple DUI offenses.
Current Law: Making The Punishment Fit The Crime
Fortunately, the Ohio Legislature revised certain sections of the Ohio Revised Code to reduce the penalties available for driving in the State of Ohio without a valid license in particular situations. A new category of offense was created for individuals who are charged with driving under suspension where the suspension is for failure to pay child support, appear in court or pay court fines. Under ORC 4510.11 and 4510.16, first-time offenders in this situation are now charged with an unclassified misdemeanor (meaning it is not a misdemeanor 1, 2, 3 or 4) and are not punished with time in jail. On a first offense, the fine can still be up to $1000, and the court could order up to 500 hours of community service.
Ohio Driving Under Suspension Chart
Unlicensed Drivers
Allowing an unlicensed driver to drive, a former first-degree misdemeanor under ORC 4507.02, has also been designated as an unclassified misdemeanor with the same penalties listed above. Under ORC 4510.12, driving without a license where the person has never had a license is also an unclassified misdemeanor.
Other Minor Misdemeanors
Finally, a whole series of offenses such as a first-offense driver with an expired license, have been re-classified as minor misdemeanors punishable by a maximum fine of $150. Additionally, 28 other traffic offenses (generally equipment violations), fall into this new category regardless of prior similar offenses.
Contact Us For Help Protecting Your Right To Drive
The bottom line is that a driver’s license is vital to all of us. The law in this area changes rapidly, and competent counsel is a must if you’re dealing with these types of issues in court.
For a consultation regarding your specific case, call 937-770-6225 or contact us by email. With offices in Troy, we represent clients throughout the Miami Valley and Ohio.
In order to be convicted of driving under suspension, the Ohio BMV must have – at the very least – mailed a notice of your suspension.
One Ohio case – State v. Walker, 2010-Ohio-3043 – demonstrates this rule. If you are pulled over for driving under suspension before the BMV sends a notice of suspension – as in State v. Walker – then you cannot be convicted of driving under suspension as a matter of law.
Notice of the suspension is considered an “inferred element of a driving under suspension charge.” Without written notice, the state cannot prove each element of driving under suspension.
Driver Charged with Driving Under Suspension
The defendant was in an auto accident on November 16 and was cited as being at fault. He was given a citation for an improper lane change. The police ran the defendant’s license through LEADS and discovered that five days before, his driver’s license was placed under a child support suspension. Thus, he was also cited for driving under suspension.
At trial, a BMV employee testified that the BMV imposed a suspension of the driver’s license on November 10, but didn’t mail the notification until November 19. The notification, then, was mailed only after he was cited for driving under suspension. Further, the defendant’s license had been placed under child support suspensions twice before in the prior year.
A supervisor at the Child Support Enforcement Agency (“CSEA”) also testified. She stated that the defendant received a default notice on August 15 informing him that he was in default for not paying his required child support payments. He also received several “last chance letters,” which told him that if he failed to respond, the CSEA’s next action would be to impose a block on his driver’s license. The defendant never contacted the CSEA.
Also at trial, the defendant testified that he was shocked to find out that his driver’s license had been suspended. He said he never received any notice that he was in default on his child support payments or that his driver’s license could be suspended.
He contacted the CSEA after he was cited with driving under suspension and then received the BMV suspension notice a few days later.
Ohio’s Driving Under Suspension Statute
The applicable driving under suspension statute (which is identical to the R.C. 4510.11), states:
“No person whose driver’s or commercial driver’s license * * * has been suspended under any provision of the Revised Code, * * * [other than financial responsibility / insurance suspensions], * * *shall operate any motor vehicle upon the public roads and highways * * * within this state during the period of suspension unless the person is granted limited driving privileges and is operating the vehicle in accordance with the terms of the limited driving privileges.” R.C. 4510.11(A).
What is Considered “Notice” by the Ohio BMV?
Notice of the suspension is considered an “inferred element of a driving under suspension charge.”
The prosecution doesn’t have to prove actual knowledge of the suspension — that the driver actually knew his license was under suspension. But at the very least the BMV must have mailed a notice of the suspension.
Previous courts have held that “it would be fundamentally unfair to convict a defendant for driving under suspension when he has not been given notice that his license has been suspended; therefore, a notice element is inferred in the offense of driving under of suspension.” State v. Webb (1998), 126 Ohio.App.3d 808, 711 N.E.2d 711.
The BMV is considered to have give “written notice” when they deposit the notice with the Post Office. Actual receipt by the driver / defendant is not required. (Note that one of the judges authored a concurrence questioning whether this “written notice” without actual receipt satisfies constitutional due process).
Driving Under Suspension Conviction Reversed for Lack of Evidence (Notice)
Here, the BMV and CSEA suspended the driver’s license on November 10, but didn’t mail the notification until November 19th. So when the driver was pulled over for driving under suspension on the 16th, the BMV had not even yet mailed the notice.
Orc Driving Under Suspension
Thus, the State did not present sufficient evidence for a jury to find the defendant guilty of driving under suspension beyond a reasonable doubt. In addition, due process was not satisfied as the defendant was not given notice of the suspension by the BMV until after being charged.