Do you have questions about the assessment of points for moving violations in Ohio? If so, you should consult a Columbus traffic attorney to assist you with answering these questions. For legal assistance with your Columbus speeding ticket, contact us at 614.695.5000 or online. Below is summary of the Ohio BMV Points System and how points accumulation can impact a driver’s privilege to drive.
The Ohio Bureau of Motor Vehicles (BMV) is charged with the responsibility of recording and maintaining records of convictions for violations of state laws or municipal ordinances regarding the operation of vehicles.
Once a traffic conviction becomes final in an Ohio court, Section 4510.36(B) requires this court to furnish BMV with an abstract of the conviction designating the number of points assessed. The chart below summarizes the points assessed for common moving violations.
|Traffic Offense of Conviction||Points|
|Disobeying a traffic control device||2|
|Disobeying a traffic signal||2|
|Driving too slow||2|
|Driving under suspensions for FRA, failure to pay child support, unpaid judgments||2|
|Failure to yield||2|
|Failure to yield to pedestrians on a sidewalk or in a crosswalk||2|
|Following too close||2|
|Marked lane violation||2|
|Operating a vehicle without being in reasonable control of the vehicle||2|
|Speeding 10 mph or more, but less than 25 mph, over a speed limit of 55 mph or greater||2|
|Speeding 5 mph or more, but less than 25 mph, over a speed limit less than 55 mph||2|
|Operating a vehicle in willful or wanton disregard of the safety of persons or property (Section 4511.20)||4|
|Speeding over the speed limit by 25 mph||4|
|Operating a vehicle under the influence of alcohol and/or drugs (OVI)||6|
|Failure to stop and disclose identify at the scene of a crash (leaving the scene of an accident or hit-skip)||6|
|Driving under a 12-point suspension, OVI suspension, or other suspension/revocation||6|
Remedial Driving Course To Reduce Points
Pursuant to Section 4510.037(C), a driver with at least two but less than 12 points may enroll in a remedial driving course that is approved by the director of public safety. Upon completion of this course, the driver may apply to the registrar for a credit of two points on his or her driving record. The application for this credit must be made on a form prescribed by the registrar. Upon receipt of this application and proof of completion this course, the registrar must approve the two-point credit.
There are three limitations to a driver’s eligibility to receive a two-point credit for completing an approved remedial driving course. First, the registrar is prohibited from approving any credits for a driver who completes such a course pursuant to a judge’s order under Section 4510.02. Second, in any three-year period, the registrar may only approve one two-point credit on a person’s driving record. Third, the registrar is prohibited from approving more than five two-point credits on a person’s driving record during that person’s lifetime.
If a driver accumulates six points on his or her driving record within a two-year period, then Section 4510.037 requires BMV to issue a warning letter to the driver. The letter must list the violations and the corresponding number of points for each. The letter also must outline the suspension provisions for a 12-point suspension and include the reinstatement requirements. BMV is required to send the letter by regular mail to the last known address for the driver.
If a driver accumulates 12 or more points on his or her driving record within any two-year period, then Section 4510.36(C) requires BMV to suspend his or her driver’s license for six months. This two-year period does not necessarily begin on January 1 and end on December 31. Rather, this two-year period begins on the date of the first conviction within the two-year period in which such points may be accumulated.
The bureau commonly describes this as a 12-point suspension. Once a 12-point suspension determination has been made, BMV is required to issue a notice to the driver that this suspension is being imposed. The notice must list the violations and the corresponding number of points for each. The notice also must state that the suspension is effective on the twentieth day after the mailing of the notice, unless the person files a petition appealing the determination and suspension.
Under Section 4510.36(C), the petition appealing the determination and suspension must be filed in the municipal court, county court, or, if the person is under the age of 18, the juvenile division of the Court of Common Pleas in whose jurisdiction the person resides. Or if the person is not a resident of this state, then this petition may be filed in the Franklin County Municipal Court or Juvenile Division of the Franklin County Court of Common Pleas. In so appealing, the driver agrees to pay the cost of the proceedings in the appeal of the determination and suspension. Ultimately, the driver must be able to show cause why his or her driver’s license, permit or nonresident operating privileges should not be suspended.
The requirements for reinstatement of a driver’s privilege to drive are set forth in Section 4510.038. Generally, a driver must serve the six-month suspension, complete a remedial driving course approved by the director of public safety, file a certificate of insurance (SR-22/bond), successfully retake a driver license exam and pay the reinstatement fee.
Learn More About How A Traffic Ticket Impacts Your BMV Points
Frequently a lawyer can appear in court and resolve a traffic case in the client’s absence, provided both the court and the prosecutor agree. This saves the client the aggravation of taking time off from work, fighting traffic to get to court on time, waiting for potentially hours for the case to be called, standing in long lines and potentially having to do it all over again if the case is continued.
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