Legal Question in Traffic Law in Ohio

drivers license suspended--4510.16 violation

My drivers license is currently suspended d/t a dui, i have registration privileges. In addition I have on file with the state my sr-22 bond and liablity insurance. I was a passenger in my vehicle and the police ran my plates to discover my suspension. I wasn't the driver, however a current licensed driver was and I was given a ticket for orc 4510.16. I had my car impounded and given a court date. The officer stated that while under suspension I wasn't able to even have someone else drive my vehicle. I belive the officer was hoping that I was driving when in actuality I wasn't and had to get me on something, I have been to the BMV several times not once did they explain to me that I was unable to have someone else drive my car while on suspension. I belive this to be a bogus ticket and need help fighting this if indeed to be the case. Am I held liable for this ticket when under a FRA suspension?


Asked on 9/16/05, 12:02 pm

1 Answer from Attorneys

Timothy Hess T. Hess & Associates, LLC

Re: drivers license suspended--4510.16 violation

4510.16 Driving under financial responsibility law suspension or cancellation.

(A) No person, whose driver's or commercial driver's license or temporary instruction permit or nonresident's operating privilege has been suspended or canceled pursuant to Chapter 4509. of the Revised Code, shall operate any motor vehicle within this state, or knowingly permit any motor vehicle owned by the person to be operated by another person in the state, during the period of the suspension or cancellation, except as specifically authorized by Chapter 4509. of the Revised Code. No person shall operate a motor vehicle within this state, or knowingly permit any motor vehicle owned by the person to be operated by another person in the state, during the period in which the person is required by section 4509.45 of the Revised Code to file and maintain proof of financial responsibility for a violation of section 4509.101 of the Revised Code, unless proof of financial responsibility is maintained with respect to that vehicle.

Effective Date: 01-01-2004; 06-01-2004

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Answered on 9/16/05, 7:48 pm


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