Can we fight this?

[GroveCircle]

What is the name of your state (only U.S. law)? Ohio

My son got arrested April 8th of last year - he was 17 at the time. He was charged with OVI - he blew a 000 on the breathalizer, but he admitted to smoking pot, hence, the OVI. For the next five months, we went through hell with him and the court system. On September 11th, he was in juvenile detention, and we went to court fully believing they were going to keep in there until his 18th birthday. Instead, they told us that they had dropped all of the charges against him and were sending him home. For the original OVI, he was given a 6 month license suspension, which would have ended on November 20th, 2014 (he was sentenced on May 20th, 2014) ....

After he got out of juvie, he got a job and saved up some money to pay his reinstatement fee so he could get his license back. He called the BMV in mid-October to see what it was going to take to get his license back. He was told that the only thing he had to do was submit proof of insurance for the day he was pulled over (April 8th) because he did not show proof of insurance at that time. He was told there was no reinstatement fee. I got the required documentation from our insurance agent and faxed it to the BMV. The woman at BMV said to give it 24 hours to process, then the status of his license would show valid and he could go to the court house and get his license back. The next day, I checked the BMV website, and sure enough, the status of his license has changed from "suspended" to "valid". So he went to the courthouse...they checked things out on their end and saw that his license was valid, and they handed him his license back.

On December 27th, he got pulled over and given a warning for expired tags (there was a lot going on in our lives at that time, and he forgot to renew his tags) - he went to BMV on December 29th and renewed his tags. On January 21st, he was driving to a friends house and hit some ice and slid off the road into a ditch. No big deal...he was not injured, and there were no other cars involved. A passerby saw that he was in the ditch, and called the cops (I can only assume the person didn't stop because it was late at night and kind of a remote area)... the cop gave him a field sobriety test (he passed) and ran his license...and told him his license was suspended. What?

On January 23rd, he got a letter from the BMV saying that his license had been suspended for Failure to Reinstate. And that in order to get them reinstated, he needed to pay a fee of $475.00!! So he called the BMV. They told him they could not help him, and that he needed to call the court house...which he did...and they told him they could not help him, and he needed to call the BMV. So he tried a different BMV office - same thing. He was already frustrated, but then he got another letter from BMV saying that he now has to pay $625.00 to get his license back.

So I decided to try help him out and I started making calls. After spending an hour on the phone with three different people at BMV, this is what I found out. After dropping all of the charges against him on September 11th, and giving him his license back in October, the juvenile court sent papers to the BMV on December 18th saying that the judge had suspended his license for OVI on May 20th - the paperwork was not complete, so the BMV sent in back to juvenile court, and they didn't resubmit the completed paperwork until January 15th. How can they submit paperwork to suspend his license for OVI NINE months AFTER he got pulled over, and FOUR months after they dropped the charges against him and gave him his license back!? Is this legal? Is there any way to fight this and win? I did call an attorney, but he wants a $1500 retainer and I just can't afford that.


I did manage to find out the extra $150 fee was because they once again said he didn't show proof of insurance when he was pulled over in December - so I faxed that in and they did take off the $150, so now he only owes $475 - which I think is total crap - but the BMV said they can't remove that fee without a court order from the juvenile court judge.

 

[quincy]

What is the name of your state (only U.S. law)? Ohio

My son got arrested April 8th of last year - he was 17 at the time. He was charged with OVI - he blew a 000 on the breathalizer, but he admitted to smoking pot, hence, the OVI. For the next five months, we went through hell with him and the court system. On September 11th, he was in juvenile detention, and we went to court fully believing they were going to keep in there until his 18th birthday. Instead, they told us that they had dropped all of the charges against him and were sending him home. For the original OVI, he was given a 6 month license suspension, which would have ended on November 20th, 2014 (he was sentenced on May 20th, 2014) ....

After he got out of juvie, he got a job and saved up some money to pay his reinstatement fee so he could get his license back. He called the BMV in mid-October to see what it was going to take to get his license back. He was told that the only thing he had to do was submit proof of insurance for the day he was pulled over (April 8th) because he did not show proof of insurance at that time. He was told there was no reinstatement fee. I got the required documentation from our insurance agent and faxed it to the BMV. The woman at BMV said to give it 24 hours to process, then the status of his license would show valid and he could go to the court house and get his license back. The next day, I checked the BMV website, and sure enough, the status of his license has changed from "suspended" to "valid". So he went to the courthouse...they checked things out on their end and saw that his license was valid, and they handed him his license back.

On December 27th, he got pulled over and given a warning for expired tags (there was a lot going on in our lives at that time, and he forgot to renew his tags) - he went to BMV on December 29th and renewed his tags. On January 21st, he was driving to a friends house and hit some ice and slid off the road into a ditch. No big deal...he was not injured, and there were no other cars involved. A passerby saw that he was in the ditch, and called the cops (I can only assume the person didn't stop because it was late at night and kind of a remote area)... the cop gave him a field sobriety test (he passed) and ran his license...and told him his license was suspended. What?

On January 23rd, he got a letter from the BMV saying that his license had been suspended for Failure to Reinstate. And that in order to get them reinstated, he needed to pay a fee of $475.00!! So he called the BMV. They told him they could not help him, and that he needed to call the court house...which he did...and they told him they could not help him, and he needed to call the BMV. So he tried a different BMV office - same thing. He was already frustrated, but then he got another letter from BMV saying that he now has to pay $625.00 to get his license back.

So I decided to try help him out and I started making calls. After spending an hour on the phone with three different people at BMV, this is what I found out. After dropping all of the charges against him on September 11th, and giving him his license back in October, the juvenile court sent papers to the BMV on December 18th saying that the judge had suspended his license for OVI on May 20th - the paperwork was not complete, so the BMV sent in back to juvenile court, and they didn't resubmit the completed paperwork until January 15th. How can they submit paperwork to suspend his license for OVI NINE months AFTER he got pulled over, and FOUR months after they dropped the charges against him and gave him his license back!? Is this legal? Is there any way to fight this and win? I did call an attorney, but he wants a $1500 retainer and I just can't afford that.


I did manage to find out the extra $150 fee was because they once again said he didn't show proof of insurance when he was pulled over in December - so I faxed that in and they did take off the $150, so now he only owes $475 - which I think is total crap - but the BMV said they can't remove that fee without a court order from the juvenile court judge.

For free or low-cost legal assistance, here is a link to the Ohio Legal Assistance Foundation: http://www.olaf.org/

And here is a link to Ohio Law School Clinics - Ohio Legal Services: http://www.ohiolegalservices.org/programs/ohio-law-school-clinics-1

Sometimes just having an attorney call the court or the BMV for you can get a matter resolved easier and faster.

 

[GroveCircle]

New question...

Since we cannot afford an attorney, can I go to court with my son and speak on his behalf? The attorney I spoke to said that my son needs someone who can articulate the steps we have gone through and the information that we have to show the judge. When my son was in front of the judge last week, she had no interest in hearing anything he had to say. He's 18, and was not assertive enough (in my opinion) to get her to listen to his evidence. I don't know if it will change anything, but I feel that the judge needs to hear how and why things have progressed the way they have before she sentences him.

I just don't know if it's legally allowed for someone who is not an attorney to speak on behalf of someone else in court.

 

[Zigner]

I just don't know if it's legally allowed for someone who is not an attorney to speak on behalf of someone else in court.

Not in your son's case.

 

[TigerD]

New question...

Since we cannot afford an attorney, can I go to court with my son and speak on his behalf?

Are you an attorney? If not, no.

The attorney I spoke to said that my son needs someone who can articulate the steps we have gone through and the information that we have to show the judge.[/QUOTE]
In other words, the attorney you spoke to said your son needed to hire an attorney.

When my son was in front of the judge last week, she had no interest in hearing anything he had to say.

Depending on why he was in court, it may not have been the appropriate time or the appropriate manner. There is a way of doing things in court. Doing them wrong leads to problems.

He's 18, and was not assertive enough (in my opinion) to get her to listen to his evidence. I don't know if it will change anything, but I feel that the judge needs to hear how and why things have progressed the way they have before she sentences him.

Being assertive has little to do with it. He would need to either hire an attorney or learn the rules of criminal procedure.

I just don't know if it's legally allowed for someone who is not an attorney to speak on behalf of someone else in court.

Generally, that's called unlicensed practice of law. It is generally frowned on and actually illegal in many places.

TD

 

[quincy]

New question...

Since we cannot afford an attorney, can I go to court with my son and speak on his behalf? The attorney I spoke to said that my son needs someone who can articulate the steps we have gone through and the information that we have to show the judge. When my son was in front of the judge last week, she had no interest in hearing anything he had to say. He's 18, and was not assertive enough (in my opinion) to get her to listen to his evidence. I don't know if it will change anything, but I feel that the judge needs to hear how and why things have progressed the way they have before she sentences him.

I just don't know if it's legally allowed for someone who is not an attorney to speak on behalf of someone else in court.

Did your son check out the links I provided and the resources available? Your son found from these no free or low-cost legal help?

 

[stealth2]

Did your son check out the links I provided and the resources available? Your son found from these no free or low-cost legal help?

I bolded the important parts for OP. I understand helping your kid (believe me, I do), but there are some situations where you also need to make them do at least part of the work.