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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111450
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am from Northwest Ohio. I was recently pulled over late

Customer Question

I am from Northwest Ohio. I was recently pulled over for OVI late last month (Sept 20th). The arresting officer took my license and told me it was to be suspended and that I was not allowed to drive a vehicle due to the suspension. I received paperwork at my arraignment stating that I was not allowed to drive as well. I therefore had to quit my job, which is about 25 to 30 minutes away during good driving conditions. When I spoke with my attorney prior to a pre-trial hearing on October 8th (almost 3 weeks later), I asked him how I would go about getting driving privileges, because I was in danger of losing my house due to no job, he informed me that my license was still valid and that I should have it because according the official paperwork, the box stating that my license was seized, was not marked. I am dealing with a few errors on the police report. However, how does it make sense that they can tell me my license is suspended, when it really wasn't all this time. We are still waiting on blood test results after 4 weeks? I would never had quit my job, had they never told me I couldn't drive a vehicle? So now I'm sitting at home unemployed, when I had a very well paying job making $50,000/year.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You did not have to quit your job over this and the officer I am sure did not tell you to do that. First of all, until the blood test results are returned, the bureau of motor vehicles does not suspend your license, which is why the block was not checked off on the form.

Unfortunately, it appears you may have over reacted in quitting prematurely and not checking with your attorney before doing so. What the officer told you about being suspended would only be official upon receiving notice from motor vehicles and in a DUI or OVI there is an automatic 90 day license suspension, but that is from when the actual test results are submitted to motor vehicles. The officer though is not legally liable for you quitting your employment. The police are liable and able to be sued only for GROSS Negligence, which means they had to actually violate some law in dealing with you and this is because the state provides them immunity from being sued over this type of situation.

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