Legal Question in DUI Law in Ohio

Court Notice Sent to BMV

I was ticketed for DUI in Cincinnati (Hamilton County) on April 20th and subsequently went to court on April 26th. My BAC was over .17 and this is my first DUI offense. I was given occupational driving privileges (with Interlock) that begin immediately after the 15 day ALS suspension. My privileges began on May 6th. However, I can't get the necessary Interlock license because the Clerk of Courts does not send the paperwork to the BMV for 3 weeks following the court date which would be May 17th. The Clerk of Courts said that sending the paperwork earlier could cause multiple DUIs to appear on my record due to system incompatibility with the BMV. I find this to be absurd. Due to this system problem, I am actually doing two additional weeks of a ''hard-time'' suspension than the judge sentenced me to. Is there any benefit in filing a motion to reduce my suspension time (I received the minimum 6 months) due to this problem? I am currently not able to drive even though the judge's sentence states that I can. I will end up having four to five weeks of �hard-time� suspension. I don't understand how the Clerk and BMV can intervene in the judge�s decision by making my suspension more severe.

Thank you for your time.


Asked on 5/08/02, 8:40 pm

1 Answer from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: Court Notice Sent to BMV

You can ask the Court for leniency or a reduction in your license suspension, but the Court will in all probability deny it. The Court has discretion to give you a 3 year suspension with no occupational privileges. Good Luck!!!!!!!!

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Answered on 5/10/02, 10:17 pm


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