Seeking Advice on Petition for Limited Driving Privileges After 10-Year Suspension in Ohio

[HAYLEN]

State: Ohio

I’m researching on behalf of my daughter, who is trying to move forward after making significant life changes following a difficult past. She had three DUIs in three years and received a 10-year license suspension in 2018. Since then, she has turned her life around completely: completing an extensive treatment program, staying sober for six years, paying all her fines, completing community service, and being released early from probation due to her progress. She even worked for two years as an intake coordinator at the treatment center she attended.

She now lives with her grandmother in a small town with no public transportation, taxis, or rideshares. She works nearby but would like to pursue better job opportunities in the nearest city, which is 30 minutes away. For the past 10 months, her grandmother has been her sole source of transportation, but this is becoming increasingly difficult, especially with winter approaching.

She petitioned the court for limited driving privileges to commute to work and appointments. Despite her progress, the new judge denied her request. Her attorney petitioned again, but it was also denied. The attorney has mentioned wanting to speak directly to the judge but hasn’t provided a timeline.

My questions are:

1. Is it unrealistic for someone with three DUIs in Ohio to obtain limited driving privileges during a 10-year suspension, even after demonstrating significant rehabilitation?
2. What might be the judge’s reasoning for denying her petition despite her progress and the burden her lack of transportation places on her and her family?
3. Are there additional steps or strategies she could take to improve her chances if she petitions the court again?

Thank you in advance for your guidance!

 

[Just Blue]

State: Ohio

I’m researching on behalf of my daughter, who is trying to move forward after making significant life changes following a difficult past. She had three DUIs in three years and received a 10-year license suspension in 2018. Since then, she has turned her life around completely: completing an extensive treatment program, staying sober for six years, paying all her fines, completing community service, and being released early from probation due to her progress. She even worked for two years as an intake coordinator at the treatment center she attended.

She now lives with her grandmother in a small town with no public transportation, taxis, or rideshares. She works nearby but would like to pursue better job opportunities in the nearest city, which is 30 minutes away. For the past 10 months, her grandmother has been her sole source of transportation, but this is becoming increasingly difficult, especially with winter approaching.

She petitioned the court for limited driving privileges to commute to work and appointments. Despite her progress, the new judge denied her request. Her attorney petitioned again, but it was also denied. The attorney has mentioned wanting to speak directly to the judge but hasn’t provided a timeline.

My questions are:

1. Is it unrealistic for someone with three DUIs in Ohio to obtain limited driving privileges during a 10-year suspension, even after demonstrating significant rehabilitation?
2. What might be the judge’s reasoning for denying her petition despite her progress and the burden her lack of transportation places on her and her family?
3. Are there additional steps or strategies she could take to improve her chances if she petitions the court again?

Thank you in advance for your guidance!

Your adult daughter has an attorney who is familiar with both the courts and the full facts of the case(s) and that is where she should be getting her advice. Not from random strangers on the internet.

 

[Just Blue]

I will, however, answer question #2.

"What might be the judge’s reasoning for denying her petition despite her progress and the burden her lack of transportation places on her and her family?"

A. 3 DUI in 3 years.

 

[HAYLEN]

No disrespect intended, but isn't the purpose of this site to ask questions? Yes, she has an attorney, but let's be honest—attorneys don’t always have all the answers. I say this from personal experience: 25 years ago, my husband paid an attorney thousands of dollars to try to get custody of his kids but was denied. Six months later, after doing extensive research and asking questions, he represented himself in court and successfully gained custody.

I understand she made serious mistakes— BIG ones. I’m grateful every day that no one, including herself, was harmed during that time. However, I’ve seen far less severe punishments for much more significant offenses in this county.

I’m genuinely curious about the factors judges consider when making decisions in cases like this. I believe that if her original judge were still presiding, he would likely grant her limited privileges, as he was quite impressed with the progress she had made.

 

[Zigner]

No disrespect intended, but isn't the purpose of this site to ask questions?

Yes...general advice questions about matters that one is involved. in.

Yes, she has an attorney

And that attorney is much better equipped to answer questions about a person's case than random strangers on the internet.

but let's be honest—attorneys don’t always have all the answers.

If your daughter doesn't have confidence in her attorney, then she should seek out another attorney to represent her.

I say this from personal experience: 25 years ago, my husband paid an attorney thousands of dollars to try to get custody of his kids but was denied. Six months later, after doing extensive research and asking questions, he represented himself in court and successfully gained custody.

An excellent result for your husband, but it's irrelevant to your daughter's matter.

I understand she made serious mistakes— BIG ones. I’m grateful every day that no one, including herself, was harmed during that time. However, I’ve seen far less severe punishments for much more significant offenses in this county.

Again, irrelevant.

I’m genuinely curious about the factors judges consider when making decisions in cases like this. I believe that if her original judge were still presiding, he would likely grant her limited privileges, as he was quite impressed with the progress she had made.

We are not in the mind of the judge(s) in your daughter's matter.

 

[quincy]

Judges are precluded under Ohio law from granting limited driving privileges to certain offenders. Here is a link to the law:

https://codes.ohio.gov/ohio-revised-code/section-4510.13

It appears from my brief review of the law that your daughter will need to wait until 2028 to regain driving privileges, although she should be applauded for her efforts in rehabilitating herself. She may wish to speak to her attorney, however, on whether the restrictions on her license potentially could be lifted with the installation of a certified ignition interlock system.

 

[HAYLEN]

Judges are precluded under Ohio law from granting limited driving privileges to certain offenders. Here is a link to the law:

https://codes.ohio.gov/ohio-revised-code/section-4510.13

It appears from my brief review of the law that your daughter will need to wait until 2028 to regain driving privileges, although she should be applauded for her efforts in rehabilitating herself. She may wish to speak to her attorney, however, on whether the restrictions on her license potentially could be lifted with the installation of a certified ignition interlock system.

Quincy, Thank you for your response and for acknowledging my daughter's efforts in turning her life around. I truly appreciate your insight. The possibility of using an ignition interlock system to potentially lift the restrictions is something she had already explored. She has informed both her judge and attorney that she has a vehicle available where the interlock system can be installed, so I'm not sure that is something her judge is taking into consideration.

 

[quincy]

Quincy, Thank you for your response and for acknowledging my daughter's efforts in turning her life around. I truly appreciate your insight. The possibility of using an ignition interlock system to potentially lift the restrictions is something she had already explored. She has informed both her judge and attorney that she has a vehicle available where the interlock system can be installed, so I'm not sure that is something her judge is taking into consideration.

Your daughter is doing what she needs to do, then. She will need to rely on her attorney and the discretion of the judge.

 

[Zigner]

Quincy, Thank you for your response and for acknowledging my daughter's efforts in turning her life around. I truly appreciate your insight. The possibility of using an ignition interlock system to potentially lift the restrictions is something she had already explored. She has informed both her judge and attorney that she has a vehicle available where the interlock system can be installed, so I'm not sure that is something her judge is taking into consideration.

The law is pretty clear on the matter. Did you read @quincy's link?

 

[HAYLEN]

I understand that some may view my post differently, and I didn’t intend to frustrate anyone with my questions. I believed this forum was meant for exchanging ideas, sharing experiences, and discussing general advice—that's all I intended to do.

I completely agree that attorneys are invaluable resources, and my daughter has one. It's pretty common for people to look for more understanding or different viewpoints, even beyond the advice they're getting from their lawyer. Hearing about others' experiences can sometimes spark new ideas or questions to discuss with her attorney.

Regarding the comments about irrelevance, I shared my story not to suggest it applies directly to her case but to provide context for why I’m asking these questions. I respect that every case is unique and understand the limitations of interpreting judicial decisions from the outside.

 

[quincy]

I understand that some may view my post differently, and I didn’t intend to frustrate anyone with my questions. I believed this forum was meant for exchanging ideas, sharing experiences, and discussing general advice—that's all I intended to do.

I completely agree that attorneys are invaluable resources, and my daughter has one. It's pretty common for people to look for more understanding or different viewpoints, even beyond the advice they're getting from their lawyer. Hearing about others' experiences can sometimes spark new ideas or questions to discuss with her attorney.

Regarding the comments about irrelevance, I shared my story not to suggest it applies directly to her case but to provide context for why I’m asking these questions. I respect that every case is unique and understand the limitations of interpreting judicial decisions from the outside.

Becoming better informed about a legal issue that concerns you is the purpose of this forum. Questions to that end are always welcome.

We are not in any position, however, to second guess the acts and actions of courts, judges or attorneys, and we are limited in what we can offer by forum rules and, for some, by professional codes. The interpretation of the laws that might apply to any given legal issue requires the personal review of an attorney licensed to practice in one’s own jurisdiction.

From what you have told us of your daughter’s situation, it appears to me that she and her attorney are doing what needs to be done to try to get the driving restrictions partially lifted so she can transport herself to a place of employment outside her current area.

 

[HAYLEN]

Quincy, thank you again for your insight and thoughtful responses. I truly appreciate the time you've taken to address my questions.

I felt the need to express my frustration with the other commenter to my post. They seem dismissive and negative, offering only short and unhelpful comments. However, I value your input because I enjoy learning and trying to understand things better, especially when it comes to the legal system, which often feels broken to me.

To be clear, I fully believe my daughter should face the consequences of her actions. But I find it perplexing that in our county, someone with a long criminal history, who was released on bail multiple times and given countless chances to change their ways, was convicted of attempted murder and received less prison time than my daughter’s license suspension. It seems disproportionate, especially since she had no prior record and was a model citizen before her struggles with alcohol.

I’m really just here to hear about others’ experiences and knowledge of the law. My daughter has worked so hard to turn her life around, and I would hate to think there’s no chance she could get limited driving privileges.

 

[Zigner]

I don't believe that you are actually comparing prison time to the loss of one's license. You do see that the two are vastly different, right?

 

[Just Blue]

Quincy, thank you again for your insight and thoughtful responses. I truly appreciate the time you've taken to address my questions.

I felt the need to express my frustration with the other commenter to my post. They seem dismissive and negative, offering only short and unhelpful comments. However, I value your input because I enjoy learning and trying to understand things better, especially when it comes to the legal system, which often feels broken to me.

To be clear, I fully believe my daughter should face the consequences of her actions. But I find it perplexing that in our county, someone with a long criminal history, who was released on bail multiple times and given countless chances to change their ways, was convicted of attempted murder and received less prison time than my daughter’s license suspension. It seems disproportionate, especially since she had no prior record and was a model citizen before her struggles with alcohol.

I’m really just here to hear about others’ experiences and knowledge of the law. My daughter has worked so hard to turn her life around, and I would hate to think there’s no chance she could get limited driving privileges.

Your daughter received 2 chances prior to her 3rd DUI. She made the choice to drink and drive. She drove to the bar/party/club knowing that she was going to drink. She didn't take a cab/uber or catch a lift from someone that was a sober driver.
By the Grace of God your daughter hasn't killed/maimed anyone thus far.

Not too long ago, here in NV, there was a horrific drunk driving accident. The POS driver decided it was a great idea to drive over 110 miles per hour through the city streets. He ran a red light, smashed into a minivan driven by a woman and her 5 children ages 1-10. All killed.

So, yeah. The Judge and the DMV have decided that repeat drunk driver have no right nor privilege to drive. They have concluded rightfully that your daughter is not trustworthy to drive.

It has taken many, many deaths and injuries for our justice system to take a harder line with drunks. Tens of thousands of bodies have given rise to the current laws.

Be grateful your daughter didn't kill anyone on her road to recovery and come to terms with her loss of driving privilege.

 

[HAYLEN]

Your daughter received 2 chances prior to her 3rd DUI. She made the choice to drink and drive. She drove to the bar/party/club knowing that she was going to drink. She didn't take a cab/uber or catch a lift from someone that was a sober driver.
By the Grace of God your daughter hasn't killed/maimed anyone thus far.

Not too long ago, here in NV, there was a horrific drunk driving accident. The POS driver decided it was a great idea to drive over 110 miles per hour through the city streets. He ran a red light, smashed into a minivan driven by a woman and her 5 children ages 1-10. All killed.

So, yeah. The Judge and the DMV have decided that repeat drunk driver have no right nor privilege to drive. They have concluded rightfully that your daughter is not trustworthy to drive.

It has taken many, many deaths and injuries for our justice system to take a harder line with drunks. Tens of thousands of bodies have given rise to the current laws.

Be grateful your daughter didn't kill anyone on her road to recovery and come to terms with her loss of driving privilege.

Thank you for your perspective. I understand your frustration and the strong emotions tied to this issue, especially given the devastating consequences drunk driving can have. I am incredibly grateful that my daughter hasn’t caused harm to anyone, and I fully acknowledge the seriousness of her actions.

Not that I am excusing her behavior or choices in any way, shape, or form, and I know I'm going to take heat for this, but she was a "solitary drinker" She didn’t go to clubs or bars or parties with friends—she drove around old country gravel roads to places that were sentimental to her and drank to try to kill the pain of watching her father slowly die from a terminal illness. (I will say it again: I am not excusing her behavior, or implying that her offenses were not as serious because she committed them on back roads, I am simply giving details.) Her first two offenses involved being found passed out drunk in the driver's seat of her vehicle on back roads, with the vehicle running. Her third offense? I was the one who called local law enforcement after a phone call from her where I could tell she was drunk. I didn’t want her to injure or kill someone—or herself—so I made the call. They pulled her over 10 minutes later and arrested her.

I’m not one of those parents who thinks their kids walk on water and do no wrong or should be given special treatment. I don’t care who you are; if you break the law, you face your consequences.

As a parent, it’s been heartbreaking to see her make these choices, and I do support the legal consequences she has faced.

But shouldn’t six years of sobriety and all that she has accomplished during that time count for something in the eyes of the law?