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CLEVE M. JOHNSON 495 South High Street, Suite 400; Columbus, Ohio  43215-5058 (first building south of courthouse) Map
(614) 299-8235__________________cj@clevejohnson.com


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•Are OVI's impossible to win?
•21 ways to "beat" the test
•Mistakes made in OVI cases.
•Myths about OVI cases.
•After court checklist

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Can an OVI be a death sentence?

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OVI LAWS & PENALTIES

OVI penalties
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DRIVING UNDER SUSPENSION

•Myths and misunderstandings
•DUS and no ops penalties

LICENSE SUSPENSION CASES

•22 ways to win point cases
•48 ways to lose your license

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WAYS TO WIN POINTS SUSPENSIONS

Many people incorrectly think that points suspensions can’t be won. People who think this end up with a suspended license as well as a three year financial responsibility requirement. A number of ways to challenge points suspensions are listed below.

While there are legitimate legal arguments for all the items below, there is not a lot of case law in this area. While most of the approaches set forth below have been successful in the court in which I normally practice, these approaches may not work in other courts. It also should not be assumed that anything outlined below will work unless the proper legal arguments and authority are presented at the time of the hearing.

1. Speeding tickets can carry 4, 2, or 0 points. Was there an incorrect assessment of points for speed?

2. Points may only be assessed upon conviction. Were all the technical rules governing the requirements for a valid conviction followed or were corners cut to save work?

3. If there was a bond forfeiture instead of a conviction, was the proper procedure followed or were corners cut?

4. Are the conviction dates correct? For example was an earlier failure to appear date entered instead of the later conviction date which may be outside of the two year period.

5. Did a mayor’s court lack jurisdiction to assess points for an OVI where there was a prior conviction or reduction?

6. Were 4 rather than 2 points assessed for certain types of reckless operation convictions?

7. Did the BMV fail to credit time for court suspensions?

8. Were points improperly assessed for more than one charge from the same transaction?

9. Was a conviction date improperly entered as of the date of the magistrate’s recommendation rather than on the date of the court’s approval?

10. Was credit for a safe driving course improperly denied.

11. Was there an improper description of the violation (for example, “moving violation” is insufficient)?

12. Was there an improper counting of the two year period where the first and last conviction occurs on the same calendar day?

13. Was there a default or admission by the respondent?

14. Were warning letters sent in the manner required by law to the correct legal address?

15. Could Evidence Rule 410 prevent the suspension?

16. Did a violations bureau attempt to enter a conviction outside of its authority?

17. Were points improperly assessed for a nonmoving violation?

18. Did the BMV fail to specify the court where the conviction occurred (e.g. unknown)?

19. Did the BMV fail to give the driver a certified copy of the record with the information required by statute (this is a variation of the above argument?

20. Can the prima facie case be rebutted?

21. Can a conviction been set aside?

22. Was there a signature problem on a violations bureau case?