Articles Tagged with ALS

The last entry in this blog discussed lesson number one for appealing an Ohio Administrative License Suspension (A.L.S.).  The lesson came from a recent appellate case.  That lesson was for defense lawyers, and it was simple:  file the appeal on time.  This entry discusses lesson number two, which also comes from a recent appellate case.  This lesson is for courts, and it is also simple:  follow the law.

Scales of justice half

The government cannot take property without due process of law.  Due process of law includes an opportunity to be heard (a hearing) at a meaningful time and in a meaningful manner.  With an A.L.S., the executive branch of government takes property from an individual by suspending the individual’s driver’s license.  Therefore, the individual is entitled to a meaningful hearing at meaningful time.  The most meaningful time for the hearing would be before the license suspension is imposed.  However, the Ohio Supreme Court held the A.L.S., with a post-suspension hearing, is not unconstitutional.

What keeps the A.L.S. from being unconstitutional is mainly the procedures found in Ohio Revised Code (O.R.C.) section 4511.192.  That statute includes the following requirements:

•    The officer must advise the individual of the consequences of taking or refusing a chemical test, using a form (BMV form 2255).
•    The officer’s advice must be witnessed, and the witness must sign the form.
•    The officer must write on the form the officer’s reasonable grounds to believe the individual was under the influence.
•    The officer must notify the individual of the suspension and the individual’s right to appeal the suspension.
•    The officer must sign the form, and the form must be sworn.
•    The officer must give a sworn copy of the form to the individual.
•    The officer must send copies of the form to the court and the BMV within 48 hours of the individual’s arrest.

Continue Reading

Ohio takes drivers’ licenses before a person is found guilty of DUI/OVI.  If a person is arrested for DUI/OVI and tests over the limit, or refuses to test, that person’s license is suspended immediately.  No judge reviews the circumstances beforehand to determine if the suspension should be imposed.  Instead, the executive branch of the government takes the driver’s license automatically.

It’s called an Administrative License Suspension (ALS).  The suspension is considered a ‘civil’ (not criminal) action, and it is imposed independent of the traffic ticket charging the person with OVI.  Ohio’s administrative license suspension is similar to other states’, including Florida.

Handing driver license to officer
Florida’s administrative license suspension is currently the subject of a class action lawsuit which alleges the ALS is unconstitutional.  The plaintiff seeks damages exceeding $50 million from the Florida Department of Highway Safety and Motor Vehicles, according to this report from Click Orlando.  The plaintiff claims the failure to have a judicial officer review the propriety of the license suspension violates the Due Process clause of the 14th Amendment.

Continue Reading