License Revocation or Suspension
Toledo Attorney - Lawyer providing
professional Traffic Violation & Criminal Defense legal services in Toledo,
Northwest Ohio & Southeast Michigan.
Depending
on the state, the particular traffic offense on which the
suspension or revocation will be based or both, the decision
to suspend or revoke a driver's license may be required or
within the discretion of the person or entity authorized to
suspend or revoke the license. In all states, driver's
license revocation or suspension can have a serious impact
on one's life and should not be taken lightly. Contact our
firm to schedule an appointment with an attorney who can
explain the laws and regulations governing license
revocation or suspension in our state.
License Revocation versus Suspension
License revocation is ordered to both discipline the driver
and to protect the public. Revocation is usually permanent;
that means the driver's license cannot be reinstate and
after the term of revocation required by law has passed, a
new license must be issued before driving privileges can be
restored. Additionally, revocation typically requires a
reinstatement hearing and an examination before a new
license is issued. Suspension, on the other, is usually
temporary and a new license is not required to reinstate
driving privileges. A suspended driver's license can be
reinstated by correction the violation that caused the
suspension (by obtaining proper insurance coverage, for
example) or by paying a fine and waiting for the term of
suspension required by law to pass.
Grounds for Revocation or Suspension
In general, a license may be properly revoked or suspended
to prevent harm to the public or for any reason that would
have justified that state's refusal to issue the license in
the first place. For example, because the state may refuse
to issue a divers license to a person whose physical
disability or mental incapacity impair his or her ability to
operate a motor vehicle, the state may also revoke a
person's driver's license because of a similar physical
disability or mental incapacity that develops after his or
her license was issued.
Driving-related traffic violations as grounds for
revocation or suspension
With respect to driving-related offenses, revocation or
suspension is usually authorized by the state's points
system whereby a driver who accumulates a certain number of
point within period of time may have his or her driver's
license revoked or suspended. Driving-related offenses that
might result in driver's license suspension or revocation
include:
-
Serious traffic offenses such as drunk driving
-
Less serious traffic offense such as speeding
-
Reckless driving
-
Failure to pay fines
-
Failure to attend a hearing
-
Allowing a vehicle under your control to be operated in
violation of a traffic law
Other violations as
grounds for revocation or suspension:
Other offenses, although not directly related to the
operation of a motor vehicle, may also be grounds for
license revocation or suspension. For example:
-
Violating laws related to motor vehicles, even if public
safety not a concern, such as making false or fraudulent
statement to the DMV, can be grounds for license
revocation or suspension
-
Pending the determination of a charge for which revocation
or suspension is authorized, the court my order revocation
or suspension if it believes the defendant's continued
operation would poses a substantial danger to the public.
-
Using the driver's license of another to buy alcohol can be
grounds for license revocation or suspension.
-
In the case of minors, alcohol related offenses such as a minor
in possession, can be grounds for license suspension or
revocation.
-
Using a motor vehicle to commit a crime not related to the
operation of a motor vehicle can be grounds for license
revocation or suspension.
Out-of-state Suspension or
Revocation
If your right to drive is suspended in a state other than
the state in which you reside, the state in which you reside
may also elect to revoke or suspend your license within its
borders as well. In such cases, the suspension in your state
of residence must be concurrent with the foreign state's
suspension or revocation. That is, the suspension or
revocation ordered by your home state cannot be imposed
after the foreign state reinstates your driving privileges
or last longer than the suspension ordered by the foreign
state.
Operating a Vehicle During Suspension or Revocation
Driving while your license is suspended or revoked is always
a serious offense. Some states treat driving on a suspended
or revoked license as a misdemeanor, imposing a hefty fine
and possibly jail time. Other states treat driving on a
suspended or revoked license as a felony and impose more
severe penalties such as time in a state penitentiary,
community service or both.
Additionally, the underlying reason for the suspension or
revocation may affect the severity of the penalty imposed.
For example, if the underlying reason for the suspension or
revocation was a serious traffic offense such as drunk
driving, the length of the prison sentence or the number of
community service hours may be greater than if the
underlying reason was for a less serious offense such as
driving without the required insurance coverage.
Another potential penalty for driving during suspension or
revocation is an additional period of suspension or
revocation.
Conclusion
If you are facing license revocation or suspension, don't
delay. Contact our firm to schedule an appointment with an
attorney who can explain the laws and regulations governing
license revocation or suspension in our state.
Strong Law provides experienced representation and personalized service. We offer reasonable prices and are always available to assist you. Free initial consultations are available on all matters. Contact us today for all your legal needs.
Strong Law
Attorney Dennis Strong
5600 Monroe Street
Sylvania, OH 43560
Toledo Office:
4235 Barbara Drive
Toledo, OH 43623
Phone: (419) 885-8877
Fax: (419) 885-0665
Toll Free:1-888-887-9507
Contact an experienced Toledo Traffic Ticket /
Violation Attorney
- Lawyer at Strong Law today by calling Toll
Free:
1 (888)
887-9507
to schedule a confidential consultation regarding your
Traffic Ticket, Criminal Traffic Violation &
Criminal Defense legal matters.
Toledo Attorney - Lawyer providing
professional Traffic Violation & Criminal Defense legal services in Toledo,
Northwest Ohio & Southeast Michigan.
