Traffic Violations (including CDL)
How serious are traffic violations in Ohio?
Most people who’ve been driving for some time recognize that traffic violations typically come with a fine and/or points on your license. Although categorized as “crimes” under the law, “moving violations (such as speeding or running a red light) are not punishable with jail time. Such infractions tend to be minor misdemeanors, but it is important to know that there are some traffic-related offenses that can be charged as more serious misdemeanors or even felonies.
What types of serious traffic offenses exist in Ohio?
While most traffic-related offenses are simple moving violations categorized as minor misdemeanors, such violations can lead to or be accompanied by more serious charges and penalties–such as jail time and license suspensions. Below is a list of the most common, such offenses I’ve seen in my career.
Repeated moving violations
Judges typically don’t like “traffic scofflaws”–drivers who “scoff” at the law by repeatedly speeding, for example. Ohio allows repeated violations to be classified as more serious misdemeanors. Depending on the type of offense, simple repeated violations can range from M4s to M1s.
- Note: CDL holders are typically subject to more severe penalties for any traff-crelated offenses. If you hold a CDL, call me, as the law is much too complex and comprehensive to get into here.
Driving under suspension
If you drive while under suspension, you can automatically be charged with an M4. Repeated violations can lead to M1 charges and can come with immobilization or forfeiture of your vehicle, depending on the circumstances.
DUI/OVI
DUI/OVI violations are technically traffic offenses, but they are serious violations of law.
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Failure to Comply With Order or Signal of Police Officer
This is not technically a traffic offense, but it involves operation of a motor vehicle. Depending on the circumstances, a violation can be a misdemeanor or a serious felony.
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Vehicular Assault &
Aggravated Vehicular Assault
These are not technically traffic offenses, but they involve operation of a motor vehicle that results in physical harm to a person or unborn. Depending on the circumstances, a violation can be a misdemeanor or a serious felony.
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How can Attorney Tovanche help me?
Traffic-related offenses represent a maze of possible circumstances. There are any number of ways to look at the large variety of such charges. Avoiding a conviction of any sort would be the over-arching approach. Because the law requires the State to prove exactly what the statute prohibits, there are many ways to undermine the State’s case. For example:
- Was the officer’s assessment valid? For example,
- Was the officer’s view somehow obstructed?
- Were the officer’s devices unreliable because they had not been tested, calibrated, or used properly?
- Were speed limits or other traffic signals properly posted?
- Did you act under duress? That is, were you forced to act by another person?
- Did you act out of necessity? That is, did you act to prevent some greater harm–like swerving to avoid an hitting a person or property, speeding to get out of the way of an ambulance, or driving under suspension to get to the hospital?
What if a conviction seems likely?
First, remember that a case that seems like a “slam dunk” for the prosecution may not actually go very far. We’ll look at the whole picture to see whether dismissal is possible, from the very beginning. If not, and a conviction seems likely, I will tell you so. In that case, I would work with you to lessen the impact on your life by negotiating a plea deal and arguing for the best sentence under the circumstances.