Law Office of Mark Gardner
Experienced in Handling DUI Cases • Free Initial Consultation
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I’m attorney Mark Gardner, and I work to ensure that my clients receive effective, results-driven representation through relentless investigation, meticulous trial preparation, and aggressive trial tactics. I have handled nearly all types of criminal cases, from the most serious felonies to misdemeanor offenses. Whether you are facing a serious felony or a misdemeanor, I am fully committed to defending your rights.
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Cleveland Driving Under Suspension Lawyer

Driving under suspension (DUS) charges can be defended in the proper circumstances. To see an excellent example of how to defend a DUS case, read Ohio v. Webb a case which I tried with my good friend Larry Arnold.

If you are facing criminal charges, it is imperative that you seek effective legal counsel as soon as possible. The longer you wait to assert and protect your rights, the more difficult it will be to defeat your charges. For a free consultation, call me right away at 866-361-4522. Or, if you prefer, send me an email and I will respond to your inquiry in a meaningful way.

Offenses Leading To License Suspension In Ohio

How many different ways are there to get you license suspended here in Ohio? Plenty! Here are just a few.

12-Points Accumulation of 12 points within a two-year period.
Administrative License Suspension (ALS) – Positive Test Testing with a prohibited blood alcohol concentration.
Administrative License Suspension (ALS) – Test Refusal Refusing to submit to a blood, breath or urine test when requested to do so by law enforcement.
Court Suspensions A suspension limiting driving privileges, and invoked by a court within the state of Ohio.
First Offense DUI DUI coded by the presiding court as a first offense within the last five years.
Habitual Use of Alcohol/Drugs Conviction of three or more Alcohol/Drug related offenses within a three year period.
High School Suspension Unauthorized withdrawal from school, habitual absence without legitimate excuse, or suspension/expulsion for drugs or alcohol.
In-State Drug Conviction Individual found guilty by an Ohio court of drug related offenses under Chapter 2925 of Ohio Revised Code.
Judgments Unsatisfied civil judgment resulting from the use, care, or maintenance of a motor vehicle.
Juvenile Suspension Under 18 and has been adjudicated unruly, delinquent, or juvenile traffic offender.
License/Bond Forfeiture Failure to pay a fine or appear in court in connection to a traffic offense within Ohio.
Liquor Law (Violations) Person of insufficient age uses another person’s driver license or alters one’s own to purchase alcohol.
Medical (Restricted or Suspension) Suffering from a physical or mental disability or disease that prevents him/her from exercising reasonable/ordinary control of a motor vehicle.
National Driver Registry (NDR) – Indefinite Upon a check with other states, an individual is found to be under suspension.
Non-Compliance (Crash Report/Accident/UTT Ticket/Random Selection) Any driver and/or owner who fails to show Proof of Financial Responsibility was in effect at the time of an accident/offense will lose his/her driving and registration privileges for a minimum of 90 days.
Non-Resident Violator Compact Ohio driver has an unpaid ticket from a court in another state.
Out-of-State Alcohol or Drug Related Offenses An individual pleads guilty or is convicted of a DUI or Drug related offense in another state.
OVUAC Underage drinking with a Blood Alcohol Concentration (BAC) of .02% but less than .08%.
Physical Control of a Vehicle While Intoxicated An individual is convicted of having Physical Control of a vehicle while intoxicated.
Probationary License Suspension/DUI According to the Ohio Bureau of Motor Vehicles, the PD will be triggered by a conviction record with an offense date greater than 12/31/98, the driver is under the age of 18 at the time of the offense, with a prohibited BAC.
Probationary License Suspension/OVUAC The P1 will be triggered by a conviction record with an offense date greater than 12/31/98, the driver is under the age of 18 at the time of the offense, with at BAC of .02% or more but less than .08%.
Probationary Revocations
(2 Violations)
A person is convicted of two separate moving violations within any two year period prior to 18 years of age.
Probationary Revocations (3 Violations) A person is convicted of three separate moving violations within any two year period prior to 18 years of age.
Second Offense DUI DUI coded by presiding court as a second or more offense within a six year period.
Security Damages from an accident where a “case” has been established by the Bureau of Motor Vehicles.
Violation of Restriction Suspension A violation of restriction(s) imposed for special mechanical control devices required on a motor vehicle, or any other restrictions applicable to the licensee that were determined to be necessary.
Warrant Block A block on either driver license and/or vehicle registration due to outstanding arrest warrant.
Weapon on School Property Under 19 years old and conveying or possessing a deadly weapon or dangerous ordinance to, or on school property.
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