Asked over 3 years ago - Cincinnati, OHFlag
I was arrested for DUI in OH, pled guilty to reckless operations. Do I still have to pay a reinstatement fee for ALS Suspension? Or just the resinstatement fee for the suspension for the reckless operations charge?
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Your attorney (or you if you had no attorney) needed to file an ALS Appeal within 30 days of your arraignment on the DUI charge. If an ALS Appeal was not filed, then you owe the full DUI Reinstatement Fee. This is a prime example of why a person needs to have competent legal representation on matters of such importance.
Dan J. Weisenburger
Attorney at Law
The ALS terminates by operation of law upon a conviction of OVI (or acquittal of OVI for an ALS positive, but not on acquittal of OVI for a refusal) - it does not terminate after a conviction for reckless operation. Some Judges will terminate the ALS and waive the reinstatement fee if asked, since you will also have to pay the reinstatement fee for the Class 7 suspension which is typically imposed for a reckless operation. Some will not.
The only grounds you have to set aside the ALS are under an appeal which, as Atty Wisenburger correctly pointed out, must be filed within 30 days of arraignment. Then the issues are limited to whether there were reasonable grounds to arrest for OVI, whether or not the officer requested you submit to a test(s), whether you were informed of the consequences for taking or refusing the test, and whether you tested over or refused.
In most jurisdictions, the criminal charge of DUI is independent of the Motor Vehicle actions against your driver's license. Even if you accept a plea bargain to something less than DUI, the administrative law process must still work itself out.
In other words, if your license was suspended for DUI, you will likely have to reinstate it according to the provisions for DUI reinstatement.
Of course, you should always consult with an attorney in your jurisdiction for legal advice.
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