Ohio law has changed with respect to the mandatory driver's license suspensions which accompany drug related convictions. This guide outlines the new rules.
The Old Rules
Ohio law used to require courts to suspend the driver's license or commercial driver's license of individuals convicted on drug related offenses, even those convicted of minor misdemeanor marijuana possession. As a result, many individuals whose offense had nothing to do with driving, were unfairly robbed of transportation crucial to obtaining employment and treatment for their addictions as well as managing their everyday lives.
Sub. S. B. No. 204
A new law, signed by Governor Kasich this June, Sub. S. B. No 204 makes significant changes to these rules.
Suspension No Longer Mandatory for Most Offenses
The new law gives the courts discretion to impose driver's license suspensions on drug offenders, but no longer requires them to do so. The exception is in cases involving an OVI or DUI, in which case a mandatory suspension is still imposed. Your attorney now has the ability to argue to the court that it should not impose a suspension due to your offense.
Mandatory Suspensions may be Terminated
The new law also permits those person's subject to a mandatory suspension due to an offense which occurred prior to the new law's enactment, and was not OVI or DUI related, to file a motion with the court seeking termination of the suspension. Your lawyer can now argue to the court that your previously mandatory suspension should be terminated.
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