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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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My husband was involved in an auto accident July 5th 2016.

Customer Question

My husband was involved in an auto accident July 5th 2016. It was not his fault but he was driving under suspension. The officer made his report and said our insurance companies would fight it out. Seven days later, the officer came to our house and issued a citation for driving under suspension. He said it was a $130 payout ticket. No court appearance necessary. We paid the fine immediately and the check has cleared. A few days ago the same officer phoned and said he was mistaken that it was not a payout ticket and gave the scheduled court date. I'd like to know what the time frame is for citing someone in Ohio after an accident.
JA: Because traffic laws vary from place to place, can you tell me what state this is in?
Customer: Ohio
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: For some reason we haven't been able to obtain a copy of the crash report either.
Submitted: 7 months ago.
Category: Legal
Expert:  Sam replied 7 months ago.

Hello

This is Samuel. The Driving While Suspended is a criminal charge. Regardless of the accident that will stand separate and apart and DWS is a misdemeanor crime in Ohio. For a misdemeanor (driving under suspension) it would be 2 years to file charges.

It has nothing to do with the accident, other then had it not been for the accident he might still be driving un noticed of the violation. And so because the SOL to make the charge is 2 years, it can be issued at anytime within that 2 year time frame allotted by law to file the criminal charge.

As to the accident report the insurance company can provide you with that copy. Though they generally do not release it until after they have taken a statement from the drivers. But check with them about getting that copy.

Expert:  Sam replied 7 months ago.

I wish it was better news for you on the criminal citation. If you have other questions, please let me know here.

Expert:  Sam replied 7 months ago.

If you have no other questions, I would appreciate a positive rating as that will ensure I get credit for my time and information.