Limited Driving Privileges
Under Ohio Revised Code Section 4510.021, a Dayton, Ohio, court may allow a limited driving privilege license to a person whose license is suspended. The judge who agrees to this restricted license must state the reasonable conditions under which this driver must comply while using the limited driving privilege license. The judge must also state the privileged purposes, places, and times permissible for the individual’s driving privilege. These limited privileges are:
- Occupational, vocational, educational, or medical purposes
- Taking a commercial driver’s license or standard driver’s license exam
- Attending court-ordered treatment programs
- Attending court appearances relating to the initial suspension
- Taking the individual’s minor child to any place of childcare or education
- Any other purpose that the court deems proper
Initially, the individual driving with limited privileges had a suspended driver’s license. An individual has limited driving privileges in Dayton, Ohio, when the court restricts that person’s driving privileges to specified times, locations, and dates. The individual’s driver’s license cannot be expired for the individual to take advantage of this court-imposed privilege. Further, the individual must comply with all license suspension requirements. Suppose the court agrees to permit the person to utilize a restricted license. In that case, the individual may use it to drive to work, school, or the medical office, take a driver’s license exam, or attend court-mandated treatment like a substance use treatment program.
Ohio Limited Driving Privileges Attorney
Our Ohio criminal defense lawyers know that having your license suspended or revoked is a significant inconvenience. If you have been arrested for a traffic offense or DUI, contact Joslyn Law Firm. We know the law and we know how to mount a defense geared at protecting you from harsh penalties.
To schedule your first consultation, call (937) 356-3969 as soon as possible. Our attorneys will work hard to obtain limited driving privileges on your behalf. Joslyn Law Firm helps individuals facing charges in Dayton and surrounding areas as Xenia, Kettering, New Carlisle, and Springfield.
Information Center
- Ohio BMV Expired License Stipulations
- Ohio Court Suspension Vs. BMV Suspension
- Ohio Crimes Resulting In License Suspension
- Administrative Hearing Process
- Additional Resources
Ohio BMV Expired License Stipulations
The Ohio Bureau of Motor Vehicles—BMV—oversees license suspensions, revocations, and expirations. Certain factors must apply if the individual’s driver’s license is expired. One, the court must issue an order permitting the individual to renew their expired driver’s license while under suspension.
Two, the court must issue an order permitting the individual to retake their driver’s license exam if their driver’s license is more than six months expired. Three, the court cannot allow the individual to drive a commercial license vehicle on a limited driving privilege license. However, they may be allowed to retest for a commercial driving license.
Ohio Court Suspension Vs. BMV Suspension
The criminal court and the Bureau of Motor Vehicles work in tandem when crimes result in license suspension. The court sends a notice to the BMV to suspend the defendant’s driver’s license. If the defendant wants to drive on a restricted license, they make a request to the BMV, who will notify the court.
The court may grant a limited driving privilege when they impose the suspension. However, the court may not grant a limited driving privilege that the Bureau imposed during a license suspension. Instead, suppose the Bureau imposed the suspension, and that person wants this limited driving privilege. In that case, they must petition the county court where they live (not where the incident leading to the suspension occurred). If the person isn’t an Ohio resident, they may file their petition in Franklin County. If the person isn’t an Ohio resident and is a minor, they may file their petition in Franklin County Juvenile Court or any juvenile court where the incident occurred.
Ohio Crimes Resulting In License Suspension
People often don’t know they are driving on a suspended license until the police pull them over. There are many reasons why the court may impose a suspension. Courts may suspend when:
- the defendant has accumulated too many points against their driver’s license
- the defendant is driving without a driver’s license
- the defendant is operating a vehicle while intoxicated
- the defendant refuses to submit a blood, urine, or breath test when under suspicion of being drunk
- the defendant is under the influence of alcohol or drugs
- the defendant fails to make a court-ordered appearance or pay a court-ordered fine
- a jury found the defendant guilty of vehicular manslaughter, aggravated vehicular homicide, or manslaughter
- the defendant is driving without having passed their driving test
Administrative Hearing Process
All defendants have a right to an administrative hearing to challenge their license suspension. If the individual disagrees with the court-imposed license suspension, they may request a hearing by letter or email. If by email, they must email it to BMVhearings@dps.ohio.gov. If by letter, they must mail it to the address provided on their notice of suspension or disqualification. They must make these requests by a specified deadline to be applicable. Their suspension informs how many days they have to make their request known.
For example, the defendant has 30 days to request a hearing if the court suspended their license for one of these reasons. This request doesn’t require a fee.
- Habitual offender suspension
- Medical-related suspension
- Probation (violation) related suspension
- Restriction violation suspension
- Security suspension
- National Driver Register-related suspension
- Non-Resident Violator Compact suspension
The defendant has 30 days to request a hearing for this license suspension. There are no fees attached to this hearing request.
- Commercial driver’s license suspension or disqualification
The defendant has 20 days to request a hearing for the following license suspensions, and no fees are attached.
- Out-of-State DUI suspension
- Out-of-State OVI suspension
The defendant has 10 days to request a license suspension hearing, and the hearing fee is $30.
- Proof of insurance-related suspension
- Non-compliance suspension
- Non-compliance accident suspension
Additional Resources
Ohio BMV – This Ohio website provides information on license suspensions and revocations.
Ohio Revised Code Chapter 4510 – This Ohio website lists state statutes regarding license suspension, cancellation, and revocation.
Ohio Limited Driving Privileges Lawyer | DUI Defense
If your license has been revoked, it is essential that you secure the legal representation of a criminal defense lawyer in Ohio. Joslyn Law Firm has years of experience handling traffic offenses in the Dayton area and are prepared to serve you. We will do everything we can to help you back on the road.
If you live in Montgomery County, Miami County, Clark County, Greene County, or the surrounding areas, call (937) 356-3969 today to schedule your first consultation. Do not face this legal challenge alone.
