Ohio BMV Points System

At one time or another, every person gets pulled over when driving their car. If you are lucky, the police officer will let you off with a warning, but many will receive tickets. When you receive a ticket (whether it is running a stop sign, speeding, or anything else), lots of questions go through your mind. Should I go to court, should I pay the ticket, what happens to my insurance, will my license get suspended?

All of these questions are valid concerns, and calling a traffic defense attorney can help make an assessment of what to do and where to go. I generally will tell people that you will pay an attorney more than the ticket is worth. Most tickets are around $150 and an attorney is usually going to cost you more than that. The question is whether that money is worth it. Several times I have told people that I cannot help them depending on which court it is in based upon the policies of that particular court.

Plenty of people that I talk to ask a few questions and end up just paying the ticket and moving on. Most speeding infractions are only 2 points. Those 2 points are assessed by the Ohio BMV and will drop off every 2 years. For someone who has no driving record or no points on their license right now, it makes some sense to just pay for the ticket and move on. It saves a trip to court and saves money on attorney fees.

However, many people are concerned about their insurance going up. They would like to avoid the points in hopes that their insurance is minimally impacted. Or some people have a commercial driver’s license or chauffeurs license and need to have a clean license to maintain their employment. These are the concerns that can be addressed by talking to a criminal defense lawyer. Most lawyers who do defense work also will take on traffic tickets as well.

As far as insurance, every insurance company treats tickets differently. Some will not raise rates at all for a 0 point violation, some will. But having 0 points puts you in the best position possible to maintain your current insurance rates. For younger drivers this is important as well because they don’t have as much experience being on the road.

Some more serious infractions are more than 2 points. If the speed is high enough, it could be 4 points on your license. Even though they fall off every 2 years and it takes 12 points to suspend your license, this still could affect your insurance.

Many prosecutors are willing to work with clients who are trying to avoid points on their license. Some judges do not allow amendments for drivers if they are in a commercial vehicles, for example. And some prosecutors do not allow amendments for certain charges like driving over 100mph and speeding in a school zone.

These are situations where it helps to talk to a lawyer. I know that in a certain court in northwest Ohio, the best amendment they will make is a 5mph reduction unless the person has a commercial driver’s license. I know that in another court, they will not amend speeding in a school zone at all so hiring an attorney will not help your case at all. I know that some courts will require a person to do an online class through the BMV before making an amendment down to a lesser charge. And some courts will not allow a reduction of a charge at all if the person is driving in a commercial vehicle. Different courts and different prosecutors handle cases differently. Calling an experienced attorney who has been to the courts can save you time and money.

0-point non-moving violations are generally what clients are looking for, especially if they drive for a living. There are several different sections of the Ohio Revised Code tickets can be amended in order to avoid those points. Different states handle these sections differently. For example, in some states a brake equipment violation is 0 points and non-moving in Ohio but can lead to a suspension in other states. Again, having an experienced attorney can help avoid these problems. Traffic cases are not the most serious or complex cases in Ohio, but there are certain pitfalls that need to be avoided in order to put the client in the best possible position moving forward.

If you have received a ticket and do not know what to do, or you do not know if it would be worth the hassle of hiring an attorney, call Brian C. Morrissey, Attorney at Law LLC at 419-830-7441, fill out a contact form, or email at brian@brianmorrisseylaw.com. Consultations are free, and usually only take a few minutes over the phone.