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My driving license is suspended due to the insurance

My driving license is...

My driving license is suspended due to the insurance problem.

Lawyer's Assistant: License regulations vary from place to place, so can you tell me what state this is in?

My current state is in OH and I paid the reinstatement fee and bond with my SR22. But they still suspended my licence and said my suspension date is indefinite. I would like to find a lawyer who could help me to checj my current licence states. I also plan to move to WA. Could I get a new license right after I move to WA or i should wait until my suspension period ends?

Lawyer's Assistant: Do you need to appear in court?

No

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Answered in 4 minutes by:
9/27/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,862
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

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

Have you filed an appeal and administrative appeal hearing request with OH BMV?

You cannot get a license in any other state until your issue in OH is cleared up I am afraid. As long as they have your license suspended, no other state can issue a license to you.

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Customer reply replied 10 months ago
I attached a photo. Does that mean I could get a license after March 17 2018?
Customer reply replied 10 months ago
I didn't file an appeal. And what does that mean to bond my SR22 until 2022? My SR22 is included in my current insurance. Does that mean I should buy a 5 years insurance to get my licence back?
Customer reply replied 10 months ago
also, I have already paid the reinstatement fee. Could I get my licence back without paying the reinstatement fee again in the future? I have all the receipts for my reinstatement fee.

Thank you for your reply.

Actually, if you have satisfied the requirements, you should be eligible for immediate reinstatement for compliance. However, if they are denying your reinstatement, you have the right to file an appeal to BMV on the suspension and if they will not reduce the suspension, which under OH law can be 90 days to 2 years depending on the number of violations, then you still have the right to file in court for a petition for a restricted license.

So your first step is seeking to file reinstatement and then a BMV administrative appeal. If that is denied then you need to file in court for a restricted license. If you get a restricted license, you would need to wait for your move until the restriction is lifted.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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As far as the reinstatement fee, if they denied your reinstatement, that would be part of your administrative appeal to not pay the fee again if you win the appeal.

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Customer reply replied 10 months ago
Thank you for your response but I am still a little bit confused. According to the screenshot I sent to you, does that mean after March 17 2018, which should be the end of my suspension, I could apply another driver licence in any state? And also what does that mean to bond my SR22 until 2022? I have already included SR22 to my current car insurance. Thank you.

Thank you for your reply.

Once the March 2018 date passes, you still have to reinstate in OH before you can transfer your license to any other state, if they do not reinstate your license on your appeal.

SR-22 means you have to have the SR-22 coverage until 2022 or they can suspend you again.

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Customer reply replied 10 months ago
Thanks for your reply. So for clarification purpose, once the March 2018 date passes, I still need to reinstate my licence in OH. If they denied my appeal, I could apply for a restricted licence in OH. After my redistricted licence is lifted, I could transfer my licence in any other states. Do I understand right?
Customer reply replied 10 months ago
one more question, what if my licence is expired during the suspension?

Thank you for your reply.

Right, come March 2018, you have to pay to reinstate your license before going to another state.

If you get your appeal filed they can reduce the suspension or stop the suspension and order immediate reinstatement and if your appeal is denied you can go to court to get a restricted license.

After your license is fully reinstated, you can go to any other state for a license.

IF your license expires during the extension does not matter, it would be renewed on reinstatement and the expiration does not change the suspension.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 10 months ago
Thank you for your response. I went to a OH bmv branch, I paid the reinstatement fee and show them I bond SR22 with my insurance. Then they denied my reinstate request. Does that consider I appeal to the BMV administration?
Customer reply replied 10 months ago
according to the OH bmv website:The penalty for a second non-compliance offense in a five-year period is a one-year suspension.
Reinstatement Requirements
Serve one-year suspension
Carry a certificate of insurance (SR-22/bond) for five years
Pay a reinstatement fee
I went to the OH bmv branch during the one-year suspension. Does that the reason they denied my reinstate request?
If I reinstate after my one year suspension, should I go to the BMV or court?

Thank you for your reply.

That can be the reason they denied the request, but you have a right to appeal to BMV and get a hearing with an administrative judge to ask for a reduction of the suspension. You need to file your request for appeal and a hearing now.

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Customer reply replied 10 months ago
Thank you for the response.
How should I file the appeal to BMV? What should I say during the hearing to increase the chance of getting suspension reduction?

You need to ask the BMV for an administrative appeal hearing request form and complete it and file it.

You would need to argue the suspension is too long based on the actual violation and argue the violation was an oversight, not intentional, and ask for them to reduce the suspension to the minimum 90 days as allowed in the law.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 10 months ago
Thank you.
I'm moving to WA next Wednesday, i will file the administrative hearing before I leave and come back for the hearing. Do you think that should work?

Thank you for your reply.

I would file it before you leave, make sure they have your correct notice, then you can come back for the hearing or even better yet, hire a local attorney for the hearing and they can represent you without you being there.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,862
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 10 months ago
Sorry for the late reply! U are excellent! 5 stars and thank you.

Thank you.

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