October 5, 2011 | Uncategorized

When you are pulled over for OVI you will most likely lose your license.  The Officer will also most likely give you an administrative license suspension or ALS.

This will be a 90 days suspension on a first offense if you test over the limit.  If you refuse the test it is one year. 

You can ask the court for driving privileges after 15 days on a test over.  If you refuse you have to wait 30 days before asking for privileges.

However, your lawyer will want to see the ALS form BMV 2255 that the Officer gives you.  He or she will want to see if there are grounds for an appeal.

O.R.C. 4511.197 gives us the statutory grounds for appeal of the ALS.  They are: 1.) no reasonable grounds for arrest for OVI, 2.) failure to read the advice on the back of the form, 3.) no test over the limit, and 4.) no valid refusal.

If your lawyer can see these or some other common defects on the ALS he can object at the initial appearance or arraignment.  This can result in a stay or termination of the suspension.

And remember, if you or a family member has been arrested for DUI in the Akron Area – including: Summit, Stark or Portage Counties – call our office at 330-564-1126.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and TWO FORMER PROSECUTORS to work….for you!