My question involves criminal law for the state of: Ohio
Ok, so heres my situation. In state of Ohio. On Sept 25 I was arrested and charged with DWI AND Physical control of a motor vehicle while intox.
At the time I refused a breathalyzer and that was the second time I had done so in the past 5 years so resulted in a 2 year automatic BMV suspension.
Then, on 10/31 (before going to court for the first charges) I was pulled over for having a headlight out, arrested for DWI again and Again refused a breathalyzer. This then resulted in a 3 year automatic BMV suspension as a 3rd refusal.
I went to court on 12/17 for sentencing and end result was.
Guilty of physical control while intox on 9/25 but DWI from same date dismissed and the auto BMV suspension from that day was vacated.
Guilty of DWI from 10/31. 3 year BMV suspension from refusal was left in place plus judge at muni court issued their own 1 year suspension for the conviction.
Now..flash forward to March of this year and after some petitioning from myself the judge agreed to vacate the 3 year BMV suspension. I got documentation of this and submitted it to the BMV. So..at this point both automatic BMV suspensions for refusal are gone..poof..vacated. While at the bmv getting that last auto BMV suspension vacated the BMV insisted that meant my license was now fully valid and I could get my license again..no reinstatement fee..nothing. Just $22 for a new physical license. So, I did so and confirmed on thw BMV site that I was now a valajd licensed driver. I have a physical license from the bmv and there system shows me as valid.
BUT..I Know that the municipal court has its own seperate 1 year suspension (with driving privs for work) that runs until 9/25 of this year. However..theyve evidently never filed it with the BMV so as far as the state of Ohio is conncerned I hold a fully valid non restricted livense now. But..I know the city I live in has that suspension but they evidently never let the BMV know this. So...
1. Does that mean I really am in possession of a fully valid license since the municipal court failing to file thw suspension with the state means it doesnt legally exist? Or am I living a fools dream?
2. The suspension from court comes with a $475 reinstatement fee. But..since it was never filed I never had to clear it. Does that mean I am now out of paying that since I have my kicense back or can they still come for that?
Can municipal court still go and file that suspension from December at this point? If so is there a cut off date where it cant be filed from that point on?
Bottom line did I somehow get out of the cohrt suspension because of a paperwork flub or will that suspensions till show if I am pulled over for any reason even though the BMV has no record of it? Am I clear of having to oay that $475 reinstatement fee since the bmv reissued my license sans that? I dont want to ask the court or police directly for fear of raising a red flag. Thanks.
Ok, so heres my situation. In state of Ohio. On Sept 25 I was arrested and charged with DWI AND Physical control of a motor vehicle while intox.
At the time I refused a breathalyzer and that was the second time I had done so in the past 5 years so resulted in a 2 year automatic BMV suspension.
Then, on 10/31 (before going to court for the first charges) I was pulled over for having a headlight out, arrested for DWI again and Again refused a breathalyzer. This then resulted in a 3 year automatic BMV suspension as a 3rd refusal.
I went to court on 12/17 for sentencing and end result was.
Guilty of physical control while intox on 9/25 but DWI from same date dismissed and the auto BMV suspension from that day was vacated.
Guilty of DWI from 10/31. 3 year BMV suspension from refusal was left in place plus judge at muni court issued their own 1 year suspension for the conviction.
Now..flash forward to March of this year and after some petitioning from myself the judge agreed to vacate the 3 year BMV suspension. I got documentation of this and submitted it to the BMV. So..at this point both automatic BMV suspensions for refusal are gone..poof..vacated. While at the bmv getting that last auto BMV suspension vacated the BMV insisted that meant my license was now fully valid and I could get my license again..no reinstatement fee..nothing. Just $22 for a new physical license. So, I did so and confirmed on thw BMV site that I was now a valajd licensed driver. I have a physical license from the bmv and there system shows me as valid.
BUT..I Know that the municipal court has its own seperate 1 year suspension (with driving privs for work) that runs until 9/25 of this year. However..theyve evidently never filed it with the BMV so as far as the state of Ohio is conncerned I hold a fully valid non restricted livense now. But..I know the city I live in has that suspension but they evidently never let the BMV know this. So...
1. Does that mean I really am in possession of a fully valid license since the municipal court failing to file thw suspension with the state means it doesnt legally exist? Or am I living a fools dream?
2. The suspension from court comes with a $475 reinstatement fee. But..since it was never filed I never had to clear it. Does that mean I am now out of paying that since I have my kicense back or can they still come for that?
Can municipal court still go and file that suspension from December at this point? If so is there a cut off date where it cant be filed from that point on?
Bottom line did I somehow get out of the cohrt suspension because of a paperwork flub or will that suspensions till show if I am pulled over for any reason even though the BMV has no record of it? Am I clear of having to oay that $475 reinstatement fee since the bmv reissued my license sans that? I dont want to ask the court or police directly for fear of raising a red flag. Thanks.
Drunk and Impaired Driving: Couet Suspension Never Filed
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