An individual that has been charged with a traffic offense in Dayton can face any type of penalty ranging from a minor traffic citation to lengthy jail or prison terms.
Even if you simply receive a traffic ticket or citation, it is advisable to hire an experienced criminal defense attorney in Dayton to help you fight the allegations against you. Additionally, many other traffic offenses can result in an arrest and serious criminal penalties, such as points on the driving point system, a criminal record, steep fines, jail or prison terms, and/or a loss of your driver's license.
If you have been charged with a criminal traffic offense in Dayton, you do not necessarily have to face a conviction. The prosecution is required to first prove you committed every element of the offense beyond a reasonable doubt, which is a very high burden of proof to satisfy. If the judge or jury has any doubt you committed every element of the offense, the charges against you may be reduced or even dismissed. Therefore, it is important to contact an experienced criminal defense attorney in Dayton to help you create the best possible defense for your particular situation.
Dayton Traffic Violation Lawyer
Contact the Joslyn Law Firm for a consultation today about your alleged traffic offense throughout the areas of Dayton, Kettering, Huber Heights, Troy, Piqua, Springfield, Beavercreek and Fairborn. Brian Joslyn is knowledgeable in all areas of Ohio’s traffic laws and will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense. Contact the Joslyn Law Firm for a free consultation at (614) 444-1900 if you have been charged with a traffic crime throughout Dayton, Ohio.
Ohio Traffic Violation Information Center
- Driving Point System in Ohio
- Traffic Offenses in Dayton
- Dayton Driver’s License Suspensions
- Traffic Violation Resources in Dayton
Under section 4510.036 of the Ohio Revised Code, Ohio has created a driving point system where a driver is assigned points for certain traffic violations. The number of points assigned to the driving record depends on the severity of the offense.
If an individual receives too many points under the system within a specified time period, they may face a temporary or permanent suspension of their driver's license. The various offenses that may result in points on a driving record can include:
- Driving with a Suspended License – 6 points
- Failure to Comply with a Police Officer – 6 points
- Failure to Stop After an Accident – 6 points
- DUI (Operating a Vehicle Under the Influence of Alcohol or Drugs) – 6 points
- Street Racing – 6 points
- Unauthorized Use of a Vehicle – 6 points
- Vehicular Manslaughter, Vehicular Homicide or Aggravated Vehicular Homicide – 6 points
- Any other felony motor vehicle offense – 6 points
- Operation in Willful or Wanton Disregard for Persons or Property – 4 points
- Speeding in excess of 30 miles per hour of the speed limit – 4 points
- Underage Operation of a Vehicle Under the Influence (Underage DUI) – 4 points
- Operating a vehicle in violation of the restrictions imposed by the Ohio Bureau of Motor Vehicles (BMV) registrar – 2 points
- Speeding 6 to 29 miles per hour in excess of a posted speed limit of 54 miles per hour or less – 2 points
- Speeding 11 to 29 miles per hour in excess of a posted speed limit of 55 miles per hour or more – 2 points
- Any other moving violation – 2 points
The registrar of the BMV will issue a warning letter to any driver who receives more than five points that states the reported violations, points assigned for each violation and any license suspension, if applicable.
If an individual receives 12 points or more in a period of two years, they will receive notice that their license is suspended under a class D suspension. After the suspension period has been completed, the driver is required to follow certain steps in order to reinstate their license. The driver must complete their driving instruction course, show proof of their financial responsibility and take a driving exam and/or a physical exam.
If anyone has between two and 20 points, they can take a driving instruction course for a credit on their driving record. The credit is worth two points and will be applied after the course has been successfully completed. The driver must not already be ordered by the court to take the driving course, and they are only permitted one credit in any three year period. Additionally, a driver is permitted to take the course a maximum of five times in their lifetime.
- Operation in Willful or Wanton Disregard of the Safety of Persons or Property - Ohio Rev. Code § 4511.20 - An individual can be charged with this offense if they intentionally or deliberately operate a vehicle on any street or highway in the state regardless of the safety or property of others. This offense is also known as reckless driving and is generally punishable as a minor misdemeanor, misdemeanor of the fourth degree or misdemeanor of the third degree misdemeanor.
- Driving Under Suspension or in Violation of License Restriction - Ohio Rev. Code § 4510.11 - An individual can be charged with this offense if they operate a motor vehicle with a suspended license on Ohio's public roads or highways or on private property used for public travel, unless they have been granted limited driving privileges. This offense is generally punishable as misdemeanor of the first degree or as an unclassified misdemeanor, depending on the reason for the license suspension.
- Street Racing - Ohio Rev. Code § 4511.251 - An individual can be charged with this offense if, while operating a motor vehicle, they compete with one or more vehicles to out-distance each other while racing, or they operate their vehicles on a public road, street or highway for competitive timing. This offense is generally punishable as a misdemeanor of the first degree.
- Stopping After Accident on Public Roads or Highways - Ohio Rev. § 4549.02 - An individual can be charged with a criminal offense if they fail to immediately stop after an accident when operating a motor vehicle on a public road or highway and they had knowledge of the accident or collision. An individual is also required by this statute to remain at the scene of the accident until they exchange information with the other driver, anyone who is injured, or a police officer. Committing a violation of this statute is also known as hit and run or leaving the scene of an accident and is punishable as a misdemeanor of the first degree, felony of the fifth degree or felony of the third degree.
- Vehicular Manslaughter - Ohio Rev. Code § 2903.06 - An individual can be charged with this offense if they cause the death of another person while operating a vehicle in violation of a municipal ordinance or in violation of a minor misdemeanor offenses as defined in Title 45 of the Ohio Revised Code. This offense is generally punishable as a misdemeanor of the first or a misdemeanor of the second degree.
- Vehicular Homicide - Ohio Rev. Code § 2903.06 - An individual can be charged with this offense if they cause the death of another person while negligently operating a vehicle. This offense is generally punishable as a misdemeanor of the first degree or a felony of the fourth degree. An individual convicted of this offense may also be required to serve a mandatory prison sentence.
- Aggravated Vehicular Homicide - Ohio Rev. Code § 2903.06 - An individual can be charged with this offense if they cause the death of another person while operating a motor vehicle, aircraft or watercraft under the influence of alcohol or a controlled substance. Additionally, an individual can be charged with this offense if they cause the death of another person by recklessly operating a motor vehicle. This offense is generally punishable as a felony of the third degree, felon of the second degree or felony of the first degree. An individual convicted of this offense may also be required to serve a mandatory prison sentence.
An individual in Ohio may be required to face a driver's license suspension depending on the offense they are charged with. Driver's licenses suspensions are categorized into various classes in Ohio. Under the Ohio Rev. Code § 4510.02, the court must impose a specified license suspension period for each license suspension class. The licenses suspension periods and classes for criminal offenses are as follows:
- Class Seven Suspension – Suspension for up to one year,
- Class Six Suspension – Suspension for three months to two years,
- Class Five Suspension – Suspension for six months to three years,
- Class Four Suspension – Suspension for one to five years,
- Class Three Suspension – Suspension for two to 10 years,
- Class Two Suspension – Suspension for three years to life, and
- Class One Suspension – Suspension for life.
Suspension classes and periods for administrative suspension by the Bureau of Motor Vehicles are as follows:
- Class F Suspension – Suspension until the required conditions are met,
- Class E Suspension – Suspension for three months,
- Class D Suspension – Suspension for six months,
- Class C Suspension – Suspension for one year,
- Class B Suspension – Suspension for two years, and
- Class A Suspension – Suspension for three years.
Ohio Department of Public Safety - This website provides information on the driving point system in Ohio, driver's license suspensions, how to reinstate a driver's license after a suspension.
Ohio State Highway Patrol – The Ohio State Highway Patrol aims to enforce the state's traffic laws and promote highway safety. This website provides traffic safety initiatives of the department, in addition miscellaneous information on the Patrol.
Ohio Driving Point System – Section 4510.036 of the Ohio Revised Code provides information on the driving point system in Ohio. Title 45 of the Ohio Revised Code defines various traffic offenses an individual can be charged with in Ohio, in addition the penalties a driver can face if convicted.
Ohio Bureau of Motor Vehicles - The Ohio BMV provides information on the driving point system in Ohio, access to driving records, crash reports and commonly requested driving forms in Ohio.
Joslyn Law Firm | Dayton Traffic Ticket Attorney
If you have been accused of a criminal traffic offense throughout the areas of Montgomery County, Miami County, Clark County and Greene County, contact the Joslyn Law Firm today. Brian Joslyn is an experienced Dayton criminal defense lawyer who will make every effort to fight the allegations against you and find mitigating factors or defenses to have your charges reduced or even dismissed. Contact the Joslyn Law Firm at (614) 444-1900 today for a free consultation about your alleged traffic offense in Dayton.