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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 507
Experience:  Attorney and Counselor at Law
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My 18 yr old son got into an accident with no insurance. I

Customer Question

My 18 yr old son got into an accident with no insurance. I wanted to know what was going to happen when he goes to court on Tuesday
JA: Since laws vary from place to place, what state is this in?
Customer: Springfield, ohio
JA: Has anything been filed or reported?
Customer: Yes the police came and he got cited
JA: Anything else you want the lawyer to know before I connect you?
Customer: Should he get instant now? So maybe they will allow him to drive back and forth to work
Submitted: 1 month ago.
Category: Criminal Law
Expert:  Colleen Grady replied 1 month ago.

Hello. I will help you today. I have been an attorney for 27 years. I am reviewing your question and will be back to you shortly.

Expert:  Colleen Grady replied 1 month ago.

I am sorry to hear about your son's trouble. Can you tell me the following:

  • What was the exact charge of the citation?
  • Does your son have any prior convictions?
Expert:  Colleen Grady replied 1 month ago.

If the charge is driving without proof of financial responsibility (insurance) then your son will have his car impounded and his license suspended until he either shows proof of current insurance or gets insurance and shows proof. This is a class F offense.

Here is the exact reading of the law:

4509.101 Operating of motor vehicle without proof of financial responsibility.

(A)

(1) No person shall operate, or permit the operation of, a motor vehicle in this state, unless proof of financial responsibility is maintained continuously throughout the registration period with respect to that vehicle, or, in the case of a driver who is not the owner, with respect to that driver's operation of that vehicle.

(2) Whoever violates division (A)(1) of this section shall be subject to the following civil penalties:

(a) Subject to divisions (A)(2)(b) and (c) of this section, a class (F) suspension of the person's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege for the period of time specified in division (B)(6) of section 4510.02 of the Revised Code and impoundment of the person's license.

(b) If, within five years of the violation, the person's operating privileges are again suspended and the person's license again is impounded for a violation of division (A)(1) of this section, a class C suspension of the person's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege for the period of time specified in division (B)(3) of section 4510.02 of the Revised Code. The court may grant limited driving privileges to the person only if the person presents proof of financial responsibility and has complied with division (A)(5) of this section, and no court may grant limited driving privileges for the first fifteen days of the suspension.

(c) If, within five years of the violation, the person's operating privileges are suspended and the person's license is impounded two or more times for a violation of division (A)(1) of this section, a class B suspension of the person's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege for the period of time specified in division (B)(2) of section 4510.02 of the Revised Code. The court may grant limited driving privileges to the person only if the person presents proof of financial responsibility and has complied with division (A)(5) of this section, except that no court may grant limited driving privileges for the first thirty days of the suspension.

(d) In addition to the suspension of an owner's license under division (A)(2)(a), (b), or (c) of this section, the suspension of the rights of the owner to register the motor vehicle and the impoundment of the owner's certificate of registration and license plates until the owner complies with division (A)(5) of this section.

4510.02 Definite periods of suspension - suspension classes.

(B) When the bureau of motor vehicles elects or is required to suspend the driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege of any person from a specified suspension class, for each of the following suspension classes, the period of suspension shall be as follows:

(1) For a class A suspension, three years;

(2) For a class B suspension, two years;

(3) For a class C suspension, one year;

(4) For a class D suspension, six months;

(5) For a class E suspension, three months;

(6) For a class F suspension, until conditions are met.

He will be able to drive as soon as he shows proof of insurance. He may also have to pay a fine for the citation.

Please let me know if I can help more. If you are satisfied with my help please rate me.

Customer: replied 1 month ago.
I don't know the charge, he's never had any prior conviction
Expert:  Colleen Grady replied 1 month ago.

The charge should be as I indicated. It is a first offense. This would be a class F suspension.