Ohio “Security” Driver’s License Suspension
What is a “security” suspension?
When you are in a car accident and the Court has issued a judgment against you for the damages resulting from the accident, you are required to satisfy the judgment (i.e. pay whatever money is owed). If you fail to pay the amount owed, the BMV can impose an indefinite “security” suspension on your Ohio driver’s license pursuant to O.R.C. 4509.17.
How do I reinstate my license?
If your license is suspended under a security suspension by the BMV, you can have your license reinstated by submitting any one of the following to the BMV:
- A release or agreement signed by you and the other party to the accident releasing you from further payments or agreeing to a payment plan;
- A security deposit in the amount determined by the BMV up to the statutorily required minimum limits. In Ohio, the required minimum for Bodily Injury Liability Coverage is $12,500 per person injured in any one accident and $25,000 for all persons injured in any one accident. The required minimum for Property Damage Liability Coverage is $7,500 for injury to or destruction of property of others in any one accident;
- A final adjudication of non-liability;
- Proof that judgment is paid in full up to statutorily required minimum limits;
- Satisfactory evidence showing no action for damages has been instituted within two years after the date of the accident; or
- Discharge in bankruptcy with the schedule of creditors showing accident claim is listed.
Can I challenge my security suspension?
Yes. To challenge the suspension, you can request a hearing. An experienced Ohio license suspension attorney — such as Douglas Riddell – can assist you with this process.
DO NOT WAIT TO CONTACT AN ATTORNEY! The request for a hearing must be made within 30 days of the mailing of the BMV notice as to the amount of the security to be deposited. The request for the hearing stays your suspension, which means that you will be able to drive until your case is heard. At the hearing, the judge or hearing officer will determine whether any exemptions apply or whether the amount of the deposit required by the BMV Registrar is proper.
Is it possible to get my security suspension overturned or dismissed?
Yes. An experienced Ohio driver’s license suspension attorney can review your case and determine whether any exemption applies in your case. For example, the security deposit requirement does not apply (and your suspension could be overturned or dismissed) where:
- No injury or damage was caused to anyone other than you (the driver) or your vehicle;
- Your vehicle was parked legally;
- The other driver was operating or had parked the vehicle without the owner’s permission;
- A police officer was responding to an emergency and assumed custody of your vehicle at the time of the accident;
- A liability policy or bond was in effect at the time of the accident and you were operating the vehicle with the owner’s permission;
- You were driving another’s vehicle but had a liability policy in effect which covered you while operating a vehicle not owned by you;
- Your are covered by any other form of liability policy or bond;
- You are self-insured but the driver and had permission to operate the vehicle.
- The car you were driving is owned by a government agency.
To begin the process and discuss representation for your Ohio driver’s license suspension, call us directly at 614-361-2804 or fill out the confidential form to the right. Because we know DUI charges and questions regarding your charges rarely happen during 9:00-5:00 working hours, Mr. Riddell is there to take your call and set up appointments after hours, on evenings, weekends, and holidays.