Traffic Offenses

When a driver receives a traffic ticket, it is often mistakenly overlooked as insignificant and may not seem like a situation that requires an attorney. Too many people feel as if there is nothing they can do after receiving a ticket. As a result, they often plead guilty or simply pay the ticket, both of which are complete admissions of guilt and will result in points on your license and higher insurance premiums. However, many driving-related offenses are inherently more serious, and can lead to severe repercussions including prison time, license suspension and vehicle forfeiture.

Not handling a traffic ticket properly or not fully understanding the collateral consequences of the citation can have serious negative ramifications. The only way to protect yourself is to hire an experienced criminal defense attorney that can assist you in taking the best course of action. The attorneys at Tyack Law have extensive experience and knowledge defending all types of traffic violations throughout Ohio to guide you through the process and to improve your chances of obtaining the best possible outcome for your traffic offense to have the ticket dismissed, reduced to a non-moving violation, or reduced to a no-point violation. While the attorneys at Tyack Law represent clients in all types of traffic cases, the most common traffic offenses we handle throughout Ohio include:

  • Operating a Vehicle Under the Influence (OVI)
  • Reckless Operation
  • Leaving the Scene of an Accident/Hit-Skip
  • Aggravated Vehicular Assault
  • Aggravated Vehicular Homicide
  • Vehicular Homicide
  • Vehicular Manslaughter
  • Fleeing & Eluding/Failure to Comply with Police Order
  • Driving with a Suspended License
  • Driving without a Valid License
  • Street Racing
  • Right of Way
  • Assured Clear Distance Ahead
  • Traffic Control Devices & Signs (running a red light)
  • Texting While Driving
  • Speeding Tickets

Commercial Driver’s License

If you are a professional driver then your commercial driver’s license (CDL) is essential for your profession and livelihood. As a holder of a CDL you are held to higher standard and face more severe penalties than typical motorists would face. While any traffic offense can have an impact on your insurance, employability and license, under Ohio law, certain traffic offenses committed by commercial drivers are classified as serious traffic violations. If a CDL driver is convicted of two (2) or more serious traffic violations in a 3-year period it will result in a 60-day license suspension, and if the CDL driver is convicted of three (3) or more serious traffic violations in a 3-year period their license will be suspended for 120 days.

Ohio law defines the following as serious traffic violations:

  • In a commercial motor vehicle:
  • Driving without a valid CDL
  • Driving without your CDL on your person
  • Residing in Ohio for longer than 30 days and driving with an out-of-state CDL
  • Obtaining a CDL without surrending all previous licenses.

In any motor vehicle:

  • Speeding in excess of the speed limit by 15 or more miles per hour
  • Reckless Operation
  • Traffic violation involving a fatal accident
  • Failing to drive without marked lanes
  • Failing to maintain a safe distance behind another vehicle (following too closely)
  • Any other violation designated by the United State Secretary of Transportation

The most common traffic offenses we handle throughout Ohio for CDL drivers include:

  • Operating a Vehicle Under the Influence (OVI)
  • Transporting Hazardous Materials (Hazmat Violations)
  • Speeding Tickets
  • Overweight Fines
  • Equipment Violations
  • Unsecured Load
  • Failure to Control
  • Assured Clear Distance Ahead
  • Reckless Operation
  • Traffic Control Devices & Signs
  • Using a Cell Phone while Driving
  • Vehicle Homicide
  • Vehicular Manslaughter

When your employment and livelihood are at stake, it is crucial that you obtain the representation of an experienced criminal defense attorney. The attorneys at Tyack Law haveproven experience and regularly represent the commercial driver and understand the importance of keeping your record clean and fighting any traffic violations you face. Even if you are an out-of-state trucker who received a traffic citation while driving through Ohio, the attorneys at Tyack Law may be able to appear on your behalf and fight your case without the need for you to appear at court.

Ohio’s Point System

The Ohio Legislature developed a driving point system where the Bureau of Motor Vehicles(BMV) assigns certain points to certain traffic offenses. The amount of points for any particular traffic violation depends on the type of offense and its seriousness. If a driver accumulates 5points, the BMV will send a warning letter advising the driver of a possible license suspension.If any driver accumulates 12 or more points in a two-year period, the BMV will send notice to the driver informing them their license is suspended for a period of six (6) months, which becomes effective twenty (20) days after the date of the notice letter. The attorneys at Tyack Law have represented countless clients facing a 12-point license suspension and assists the client on how to reduce the points on their license, appeal the 12-point suspension, obtain limited driving privileges during the pendency of the suspension, and if necessary, assist and advise the client on the BMV requirements to have their license reinstated. The following is a list of the various offense that may receive point penalties and the assignment of points for each offense identified:

Violation Points
Vehicular Manslaughter, Vehicular Homicide, or Aggravated Vehicular Homicide 6
OVI (Operating a Vehicle Under the Influence of Alcohol or Drugs) 6
Failure to Stop After Accident 6
Failure to Comply with a Police Officer 6
Street Racing 6
Driving Under Suspension of a License 6
Unauthorized Use of a Vehicle 6
Operation in Willful or Wanton Disregard for Persons or Property 4
Underage Operation of a Vehicle Under the Influence (UOVI) 4
Speeding in excess of 30 miles per hour of the speed limit 4
Speeding in excess of 11 to 29 miles per hour of a posted speed limit of 55 miles per hour or more 2
Speeding 6 to 29 miles per hour of a posted speed limit of 54 miles per hour or less 2
Other moving violations 2
Operating a vehicle in violation of the restrictions imposed by the Ohio Bureau of Motor Vehicles (BMV) registrar 2

Driver’s License Suspensions

A driver’s license suspension is the permanent or temporary withdraw of a driver’s license, commercial driver’s license (CDL), temporary permit, or probationary license. If a person’s license is suspended and they have not otherwise obtained limited driving privileges, they are not permitted to drive during the pendency of their suspension. Ohio law provides various classes of license suspension based upon the alleged traffic offense the driver committed. The following are the required suspension period for each class:

  • Class 1 – Suspension for Life
  • Class 2 – Suspension for 3 years to life
  • Class 3 – Suspension for 2 to 10 years
  • Class 4 – Suspension for 1 to 5 years
  • Class 5 – Suspension for 6 months to 3 years
  • Class 6 – Suspension for 3 months to 2 year
  • Class 7 – Suspension for up to 1 year

Below are the suspension classes and periods if the Bureau of Motor Vehicles is required to suspend a driver’s license, such as when a driver receives 12-points in a two-year period:

  • Class A – Suspension for 3 years
  • Class B – Suspension for 2 years
  • Class C – Suspension for 1 year
  • Class D – Suspension for 6 months
  • Class E – Suspension for 3 months
  • Class F – Suspension until required conditions are met

Commercial Driver’s License – OVI

If you hold a CDL and are charged with an OVI/DUI in Ohio, the consequences for you are very serious. Not only are CDL drivers subject to the same penalties as typical motorists for an OVI/DUI offense, but will face penalties that could jeopardize their CDL and effectively end their career even if they are driving a non-commercial vehicle at the time of the alleged offense. If you have a CDL and are driving your own vehicle and register above .04% in a breath or blood test, you will be arrested and charged with a OVI/DUI even though you were operating your own private vehicle. If a CDL holder is convicted of an OVI/DUI, the result is a one-year CDL disqualification and 2nd OVI/DUI conviction will result is a lifetime CDL disqualification, which is in addition to whatever sentence the court imposes.