Pursuant to Ohio Revised Code (ORC) Section 4511.197, an administrative license suspension may be appealed at the initial appearance (5 day hearing), or within 30 days of the same. Learn how a Columbus administrative license suspension appeal lawyer can help you by calling the attorneys at Luftman, Heck & Associates today.
If you are arrested for an OVI / DUI and fail a chemical test (test above the legal limit), or refuse to take a chemical test, your license will be suspended. The suspension is referred to as an administrative license suspension (ALS). You will be given an ALS BMV Form 2255 and your license will be seized.
You have a job, school and a family. If possible, you want to get your full license back and as quickly as you can. You have the right to appeal your administrative (BMV) license suspension.
The scope of the appeal is limited to determining whether one or more of the following conditions have not been met:
- Whether the officer had reasonable grounds to believe the person was OVI, OVUAC or in physical control in violation of statute or municipal ordinance, and whether the person was in fact placed under arrest. ORC 4511.197(C)(1).
- Whether the officer requested the person submit to a chemical test or tests. ORC 4511.197(C)(2).
- Whether the officer informed the person of the consequences of taking or refusing test or tests; or for repeat OVI offender that would be required to be sentenced under ORC 4511.19(G)(1)(c),(d), or (e), that in the event of test refusal officer could use whatever reasonable means were necessary to ensure the person submitted to a blood test. ORC 4511.197(C)(3).
- Whichever of the following applies:
- If a test refusal suspension was imposed, whether the person refused to submit to test or tests required by the officer, or
- If a failed test suspension was imposed, whether at the time of the offense, the bodily substance contained a prohibited concentration of alcohol or a listed controlled substance or metabolite. ORC 4511.197(C)(4).
Our Columbus administrative license suspension appeal lawyers will investigate whether any of the above-listed conditions were not met. If not, we will conduct a hearing, where the officer will testify and we would request the judge terminate your license suspension.
Additionally, we will look at whether the BMV Form 2255 was improperly filled out. Please click here to see blank BMV Form 2255 (PDF). Some potential issues with the BMV form 2255 include whether reasonable grounds were listed for arrest, whether the box was checked for “Was placed under an Administrative License Suspension” and whether the form was sworn to and/or attested to properly.
We will also look at whether there were any alterations or changes made between the BMV Form 2255 you were given and the one that is filed with the court. If the BMV is improperly filled out, in some cases it may be possible to convince the judge to terminate your license suspension as well. Please click here to see the Officer’s Instructions For Preparing the BMV Form 2255 for OVI/Physical Control Arrest (PDF).
Are you in trouble? Contact a Columbus administrative license suspension appeal lawyer today.
With the help of an experienced, competent Columbus administrative license suspension appeal lawyer, you can be assured of understanding all of your legal rights and options and know that your rights will be protected. The criminal defense team at Luftman, Heck & Associates protects rights of people charged with an OVI / DUI on a daily basis and would be honored to do so for you. To contact us, call our Columbus license suspension lawyers at (614) 500-3836 or email us via [email protected].