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Security Suspension Attorney in Columbus
Having your driver’s license is essential to being able to live your life efficiently, yet there are so many ways to lose it. One of the ways you can have your driver’s license revoked by the Ohio Bureau of Motor Vehicles (BMV) is by not having the minimum legally required auto insurance. If you do not have auto insurance when you are pulled over or when you cause a crash, you can expect to receive notice of a driver’s license suspension soon after. When this happens, the first thing you should do is call a security suspension attorney from Luftman, Heck & Associates at (614) 500-3836. We are here to help.
What is a Security Suspension?
You may face a security suspension in Columbus when you drive uninsured and cause a crash that results in $400 or more of property damage and/or personal injury claims as indicated on a Crash Report, BMV Form 3303.
This Crash Report is filled out by the owner or driver of the other vehicle you were in a crash with, or their insurance company, and submitted to the state along with evidence of the crash and an itemized estimate of the property damage and/or documentation of the personal injuries and proof of the value of the claim within six months of the accident. Once the Crash Report is received and investigated by the BMV, then you may receive notice of a suspension of your driver’s license, which can last up to two years from the date of the accident.
Under the state’s definition, it takes very little for you to face an Ohio BMV security suspension. Even a seemingly minor fender bender can easily cause more than $400 in vehicle repairs. If you run into a person or municipality’s property, like a privacy fence, the repairs to the fence and surrounding landscaping could be hundreds of dollars. If you cause a crash that results in your passenger or another vehicle’s driver or passenger going to the emergency room, that individual most likely has a claim worth more than $400. Even without moderate or severe injuries and with health insurance, one trip to the ER can cost a car accident victim thousands of dollars.
Challenging a Security Suspension in Columbus
If you receive a letter from the BMV stating your driver’s license is being suspended, you need to contact a security suspension attorney from Luftman, Heck & Associates right away. You may receive this notice between 30 days and seven months after your accident. The state will not suspend your license before 30 days following the accident and it will no longer accept crash reports after six months following the date of the accident. Given that the BMV may take up to 30 days to process a Crash Report, you could receive a letter regarding a license suspension approximately seven months after the accident.
Once you receive notice and call us, we will immediately request an administrative hearing to fight this suspension. This is not a criminal punishment. It is a civil penalty and we need to go to the BMV to fight it. You only have a short period of time to request a hearing, otherwise you lose the right to do so.
During the administrative hearing, we will seek to prove that a security suspension is inappropriate based on a factor such as:
- You had the minimum required insurance at the time of the accident;
- You or your vehicle were the only people or property to sustain damage;
- The other vehicle was at least half at fault for the accident;
- The other party’s property was not damaged to the amount of $400; or
- The other individual did not sustain bodily injuries valued at more than $400.
If the administrative judge determines a security suspension is appropriate, we may request that you receive limited driving privileges. These allow you to drive for specific purposes, at specific times, or to and from specific places. This is commonly granted if you need to attend court-ordered treatment or for your education, work, or medical needs.
When figuring out whether you can keep your license or some sort of driving privileges after receiving notice of a suspension, contact one of our Columbus traffic attorneys right away. We will advise you of your rights and options.
Reinstatement Requirements Under a Security Suspension
Once you are placed under a security suspension, there are a number of elements you must complete to reinstate your driver’s license in a timely manner.
Reinstatement requirements include:
- Submitting a notarized installment agreement signed by all parties indicating you have reached a payment agreement;
- Submitting a release signed by all parties showing you paid the damages in full or that you are being released from any additional payments;
- Depositing the amount of damages the other party has claimed with the BMV. There is a minimum amount of $500 for personal injury claims. If no civil action is brought against you, the deposit is returned to you after two years from the date of the accident. If the other party files a civil claim against you, the BMV sends the deposit to the court;
- Submitting a final adjudication of your non-liability for the accident; or
- Submitting evidence of discharge in bankruptcy with a schedule of creditors that includes the accident claim.
If you default on payment, either through a default judgment in court or by failing to uphold the payment agreement you made with the other parties, then the BMV will not accept any other agreements. It will only allow you to reinstate your license when you have fully paid the damages and have been released from your obligation.
For help in getting your driver’s license reinstated as quickly as possible, call a security suspension attorney at Luftman, Heck & Associates today. We will review your situation, explain your options for challenging the suspension, and then go over the most efficient way to get your license back.
Driving on a Suspended License
Under ORC §4510.11, it is illegal to drive while your license has been suspended. If you are caught driving while you are under a security suspension, and you are not driving in compliance with limited driving privileges, then you may be charged with a crime. Driving under a suspended license is a first-degree misdemeanor. You can be sent to jail for up to 180 days and fined up to $1,000.
You will also get points put on your driving record. Depending on the points already on your record, this could lead to additional consequences. If you acquire 12 points within a two-year period, then you could face an additional driver’s license suspension for up to 6 months with other reinstatement requirements.
If you received notice of a security suspension and you drove after the date it went into effect, then you risk being caught and charged with a crime. After being charged with driving on a suspended license, you need to call a security suspension attorney right away. We have two things to look at, your security suspension and driving under suspension charges. We will advise you on the best way to handle both of these issues so that you can get your license back as quickly as possible.
Contact Our Columbus Security Suspension Attorneys with LHA
If you received notice of a driver’s license suspension or you have been caught driving while under a suspension, you need to call us at Luftman, Heck & Associates today. When initially facing a suspension, there are opportunities to challenge this penalty and to retain your license or at least some driving privileges. However, if you are caught driving when your license has suspended, this is a more serious issue and can result in a criminal charge.
Need Help Reinstating Your License? Contact Our Columbus BMV License Reinstatement Lawyers
Our security suspension attorneys can represent you on both the administrative and criminal fronts. Our Columbus license reinstatement attorneys will aggressively fight the suspension with the BMV and the charges with the prosecution. During these issues, we will always thoroughly explain your rights and options so that you can make the best decisions for you and your family.
For more information on how we can help, call us at (614) 500-3836 to schedule an appointment.