Traffic Law: Driving Under Suspension
If you have been convicted of driving in Ohio with a suspended license, you could face potentially harsh penalties that may include jail time, fines and/or permanent license revocation. If you are charged with Driving under a suspended license, contact the office of Attorney Jeffrey G. Edleman in Amherst, Ohio. We represent clients charged with driving under all types of license suspensions in all municipal courts within Lorain County (Lorain, Elyria, Avon Lake, Vermilion, Oberlin) and some municipal courts outside of Lorain County.
Your first Driving Under Suspension charge may only be an unclassified misdemeanor. However, if you have been charged with one or more of the same offenses, it is imperative to hire an experienced traffic defense attorney who can help you find possible defenses or mitigating factors to your offense. Your charge may have resulted from an underlying offense that caused your license to be suspended which you were unaware of.
Driving Under Suspension or in Violation of License Restriction is defined in § 4510.11 of the Ohio Revised Code. This offense involves an individual operating a motor vehicle on the public roads or highways or private property used for public travel while their license is suspended, unless they have been granted limited driving privileges.
Reasons a License May Be Suspended
There are several reasons a person’s driver’s license may be suspended in Ohio. A few common reasons for license suspension in Ohio can include, but are not limited to:
- Failure to appear
- Failure to pay fines
- Certain medical conditions or disabilities
- A conviction for aggravated vehicular homicide
- A conviction for vehicular homicide
- A conviction for vehicular manslaughter
- A conviction for soliciting
- A conviction for any OVI offense
- A court order or judgment revoking or suspending a license
- Failure of a driving test
- Incurring too many driving points
- Failure to comply with civil penalties
Penalties for Driving Under Suspension
This offense is punishable as a misdemeanor of the first degree, which can result in a jail sentence up to 180 days and/or fines not more than $1,000. Additionally, a person who is convicted of this offense will face a class seven suspension of their driver’s license. This can result in a suspension of driving privileges for up to one year.
If a person is charged with driving under an OVI suspension, an administrative license suspension associated with an OVI arrest, or a 12-point suspension, there is a mandatory minimum three-day jail sentence.
If a person’s license has been suspended for failure to appear or pay a fine, they can be convicted of an unclassified misdemeanor. This means the alleged offender will be required to pay a fine up to $1,000 and/or serve up to five hundred hours of community service. However, they will not be punished by a jail sentence or other community residential sanctions.
If an individual has been convicted of or pleaded guilty to two or more violations of driving with a suspended license within the preceding three years, they can be convicted of a misdemeanor of the first degree.
Multiple convictions for driving under suspension can also lead to vehicle immobilizations for 30 to 90 days. (See Driving Under Suspension Penalty Chart Page 1 and Page 2 courtesy of Garfield Heights Municipal Court)
Jeffrey G. Edleman
Attorney At Law
260 S. Main St., Suite 108
Amherst, OH 44001
T: (440) 823-4077
F: (440) 984-3338