Information on Driving Laws - Page 2
OVI, DUI, OR DWI, Taking Breath tests, Blood Alcohol Level
License Suspension Drug Related Vehicle Forfeitures Reckless Operation/Reckless Driving
License Suspension
Your driver’s license can be suspended for a number of reasons, which differ among the states and different jurisdictions. In some cities, your failure to pay parking tickets can lead to suspension of your driver’s license. In most state jurisdictions any alcohol or drug related vehicular violation will lead to the suspension of your driver’s license. In some cases and jurisdictions a police officer is empowered to suspend your license on the spot if he or she suspects that you are unable to operate your vehicle safely. Many states have laws making suspension of your driver’s license automatic if you are suspected of an OVI, DUI or DWI offense and fail the chemical test or refuse to undergo a chemical test. Generally your license won’t be suspended for a simple first-time moving violation such as exceeding the speed limit or failure to obey a stop sign. Ohio operates a point system in which a driver accumulates points for each traffic violation and risks license suspension if he or she exceeds twelve points in a two year time period. In Ohio drivers who are under 18 years of age can have their driver’s license suspended even for a minor traffic violation. Most states have administrative license suspension laws which stipulate the length of time that a license can be withheld and the period of time that has to lapse before an application can be made for its reinstatement. If your license has been suspended you may qualify for limited driving privileges.
Reckless Operation/Reckless Driving
The driving laws in most states are based on the uniform vehicle code, which defines reckless driving as willful or wanton disregard for the safety of persons or property. Any driver who operates a vehicle in a dangerous fashion without care or concern whether this behavior may cause an accident or injury is guilty of reckless driving. The exact interpretation as to what constitutes reckless driving differs among the various jurisdictions. But reckless driving can include such violations as excess speeding regardless of posted speed limits, driving a vehicle with faulty brakes, driving with the driver’s view obstructed, or failure to give proper signals. The definition of reckless driving as a result of excess speed is subject to interpretation and differs among jurisdictions. But in many areas it is considered reckless driving if you are 20 miles per hour over the speed limit. Reckless driving can result in a fine, license suspension for a specified period or other punishments. In serious cases a conviction for a reckless driving can lead to imprisonment, particularly if you have a record of traffic violations or if your driving causes an accident in which someone was injured
Drug Related Vehicle Forfeitures
In Ohio if a vehicle is used in a drug related crime, either directly or indirectly, it can be confiscated by the police. This policy applies to motor vehicles, boats, planes, or any other vehicle used in connection with a drug crime. In most cases the authorities seize the vehicle when the owner is arrested for the drug violation. A vehicle owner can appeal confiscation by requesting a special hearing, but the appeal time is generally short. This hearing is separate from any other hearing in connection with the case. In some cases a vehicle’s owner may claim that the vehicle was used without his or her knowledge or consent. If this is shown to be so, the vehicle can be returned to the owner. However, if the forfeiture is found to be justified the title of the vehicle is transferred to the government. If there is a lien on the vehicle, the lien holder can make a claim for the vehicle. Once the seizure is approved by the court or federal agency, the vehicle can be sold by the government through public auction. Vehicle forfeiture laws differ among states and are controversial in some jurisdictions where vehicles can be confiscated even if the owner is subsequently acquitted of the drug related crime that originally motivated the forfeiture.