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Driving Under a License Suspension R.C. §4507.02
There are just over 7 million licensed drivers in the State of Ohio. Amazingly, the State will suspend the driver's licenses of over 17,000 individuals each week, for a yearly total of over 884,000 license suspensions per year (over 12.6% of the State's total driver licensed population). Because of the reckless abandon with which Ohio suspends its citizens' drivers' licenses, this traffic offense impacts doctors, lawyers and judges just as frequently as laborers, housewives and students. The offense of DUS recognizes no social or economic boundaries.
The following are some of the causes for obtaining a driver's license suspension in Ohio. Understand that each suspension has a different set of complex conditions for the return of a valid driver's license with full driving privileges.
1. Receiving 12 Points Within Two Years 2. Reckless Operation 3. Anabolic Steroid Use/Distribution 4. Lying in Applying for a License 5. Using Vehicle to Commit a Felony 6. Hit & Skip 7. Drag Racing 8. Fleeing & Eluding Police 9. Trafficking in Cigarettes 10. Agg. & Vehic. Homicide, & Agg. Vehic. Assault 11. Solicitation for Prostitution 12. Abusing Harmful Intoxicants 13. Cultivation of Marijuana 14. Deception to Obtain Dangerous Drugs 15. Habitual Truant/High School Dropout] 16. Driving Under an F.R.A. Suspension 17. Driving In Violation of License Restrictions 18. Driving Without Paying DUI Reinstatement Fees 19. Driving Under a Non Otherwise Specified Suspension 20. Driving Under a DUI Suspension or Beyond Privileges 21. Drug Abuse Instruments 22. Endangering Children 23. Failure to Stop for a School Bus 24. Failure to Appear/Satisfy Judgment 25. Trafficking in Harmful Intoxicants 26. Dispensing of Drug Samples 27. Illegal Processing of Drug Documents 28. Underage Violation of Liquor Laws 29. Violation of Juvenile License Probationary Period 30. Juvenile Adjudication for Drug Related Offense 31. Mentally Ill/Incompetent Person 32. Permitting Drug Abuse 33. Counterfeit Controlled Substance 34. Corrupting Another With Drugs 35. Trafficking in Drugs 36. Causing Death While Fleeing Police 37. Failure to Appear/Satisfy Judgment 38. Commercial Driver DUI Offender 39. Committing Felony in a Commercial Vehicle 40. Commercial Driver Serious Traffic Offender 41. Commercial Driver Implied Consent 42. Alteration of Operator's License 43. Drug Paraphernalia 44. Drug Abuse 45. Medical Condition 46. Being an Alcoholic or a Drug Addict 47. Juvenile Adjudication for Drug Related Offense 48. Mental/Physical Disability Affecting Ability To Drive 49. Being Unable to Understand Traffic Signs 50. Having an Out-of-State License Suspension 51. Judgment Resulting From Auto Accident 52. Failing to Provide Security Following Accident 53. National Driver Registry 54. Drug Offense Conviction 55. Underage DUI Conviction 56. Driving While Under a Previous DUI Suspension 57. Being Adjudicated an Unruly Child 58. Being Adjudicated a Delinquent Child 59. Being Adjudicate a Juvenile Traffic Offender 60. Child Support Default for a Commercial Driver 61. Child Support Default for a Non-Commercial Driver 62. DUI Conviction 63. FRA Suspension 64. Nonresident Violator Compact
While there are many ways of acquiring a driver's license suspension, there are fewer ways of being criminally charged with a violation of DUS. They are as follows:
DUS Violation Offense Name
Driving Under a Financial Responsibility Act Suspension (FRA).
Driving in Violation of You Operator's License Restrictions.
Driving Without Paying a DUI Reinstatement Fee.
Driving Under a Suspension (for reasons other than an FRA).
Driving Under DUI Suspension/Beyond Granted Privileges.
As can be seen from the graphs below, the consequences of merely being arrested, let alone convicted of DUS are staggering. The towing and impoundment fees alone can easily exceed $500. And these fees are independent of, and in addition to, the criminal fine of up to $1,000, plus up to one year jail time.
Penalties for Driving Under an FRA Suspension [violation of R.C. §4507.02(B)(1)1]
|
Penalty/ Condition |
1st Offense w/in5 years2 |
2nd Offense w/in5 years2 |
3rd & subsequent offense w/in 5 years2 |
|
Jail |
0 - 180 days |
0 - 180 days |
0 - 180 days |
|
Fine |
$0 - $1,000 |
$0 - $1,000 |
$0 - $1,000 |
|
License suspension |
0 - 1 year |
0 - 1 year |
0 - 1 year |
|
Occupational driving privileges |
No hard time requird |
No hard time required |
No hard time required |
|
Immediate Vehicle Seizure3 |
Yes |
Yes |
Yes |
|
Immobilization of vehicle4 |
30 days |
60 days |
N/A |
|
Impoundment of plates7 |
30 days |
60 days |
N/A |
|
Forfeiture of vehicle7 |
No |
No |
Yes |
|
1 Or a similar municipal ordinance. R.C §4507.361.
2 For a violation of R.C. §4507.02(B)(1). Previous convictions for other types/forms of DUS offenses do not accumulate.
3 Only if the vehicle is owned by the driver.
4 Impoundment, Immobilization and Forfeiture are mandatory. R.C. §4507.99(E). Also, the trial court may impound the plates of all other vehicles registered to the offender. R.C. §4507.164.
Penalties for Driving Under a DUI Suspension [violation of R.C. §4507.02(D)(2)1]
|
Penalty/ Condition |
1st Offense w/in5 years2 |
2nd Offense w/in5 years2 |
3rd & subsequent offense w/in 5 years2 |
|
Jail |
3 days - 180 days6 |
10 days - 1 year7 |
30 days - 1 year8 |
|
Fine |
$250 - $500 |
$500 - $2,500 |
$500 - $2,500 |
|
License suspension3 |
0 - 1 year |
0 - 1 year |
0 - 1 year |
|
Occupational driving privileges |
No hard time requird |
No hard time requird |
No hard time requird |
|
Immediate Vehicle Seizure4 |
Yes |
Yes |
Yes |
|
Immobilization of vehicle5 |
30 days |
60 days |
N/A |
|
Impoundment of plates5 |
30 days |
60 days |
N/A |
|
Forfeiture of vehicle5 |
No |
No |
No |
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1 Or a similar municipal ordinance. R.C §4507.361.
2 For a violation of R.C. §4507.02(D)(2) or a substantially similar municipal ordinance. Previous convictions for other types of DUS offenses do not accumulate.
3 Some suspension is mandatory, but could be for only one day. R.C. §4507.99(B)(4).
4 Only if the vehicle is owned by the driver.
5 Impoundment, Immobilization and Forfeiture are mandatory. R.C. §4507.99(E). Also, the trial court may impound the plates of all other vehicles registered to the offender. R.C. §4507.164.
6 Or may impose 30 up to 180 days of electronically monitored house arrest (EMHA). R.C. §4507.99(B)(1). Any EMHA only after a finding, entered on the record, that within 60 days there will be no room for the offender to begin serving his time. R.C. §4507.99(B)(6).
7 Or may impose 90 days up to one year EMHA. R.C. §4507.99(B)(2).
8 No EMHA allowed. R.C. §4507.99(B)(3).
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