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

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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!
Getting limited driving privileges after multiple DUIs can definitely be tough, but it’s not impossible, especially with the progress she’s made. Judges often look at the seriousness of the past offenses and how granting privileges might affect public safety. Her attorney might improve the chances by providing additional evidence like support letters from her employer or community members, proof of sobriety, and showing how the lack of transportation is creating a real burden. Offering to follow conditions like restricted driving hours or using an ignition interlock device could also help ease any concerns the court might have.
 

Zigner

Senior Member, Non-Attorney
Getting limited driving privileges after multiple DUIs can definitely be tough, but it’s not impossible, especially with the progress she’s made. Judges often look at the seriousness of the past offenses and how granting privileges might affect public safety. Her attorney might improve the chances by providing additional evidence like support letters from her employer or community members, proof of sobriety, and showing how the lack of transportation is creating a real burden. Offering to follow conditions like restricted driving hours or using an ignition interlock device could also help ease any concerns the court might have.
What experience do you have in Ohio (the OP's stated jurisdiction)?
 

quincy

Senior Member
Getting limited driving privileges after multiple DUIs can definitely be tough, but it’s not impossible, especially with the progress she’s made. Judges often look at the seriousness of the past offenses and how granting privileges might affect public safety. Her attorney might improve the chances by providing additional evidence like support letters from her employer or community members, proof of sobriety, and showing how the lack of transportation is creating a real burden. Offering to follow conditions like restricted driving hours or using an ignition interlock device could also help ease any concerns the court might have.
HAYLEN’s daughter has an attorney in Ohio, which is good for many reasons but is especially good because the Ohio attorney no doubt knows what a judge can, and can’t, do in Ohio when there is a mandatory sentence.

A link to Ohio’s law was provided earlier. There are a lot of “a judge shall not”s in the law - so it may not be simply a matter of easing the concerns of a judge.
 

GuyInNC

Member
I would strongly suggest that you find an attorney with experience in these types of appeals in your state and then get a second opinion (even if your present attorney has that experience). On more than one occasion I have gotten professional advice from qualified attorneys only to find out (later) that the advice that I got was meaningfully incomplete. I don't hold out much hope here, but (IMHO) you have not done your due diligence here until that step has been taken.
 

quincy

Senior Member
I would strongly suggest that you find an attorney with experience in these types of appeals in your state and then get a second opinion (even if your present attorney has that experience). On more than one occasion I have gotten professional advice from qualified attorneys only to find out (later) that the advice that I got was meaningfully incomplete. I don't hold out much hope here, but (IMHO) you have not done your due diligence here until that step has been taken.
HAYLEN’s daughter has an attorney. We probably should not be questioning his advice.
 
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quincy

Senior Member
In my experience a second opinion (not unlike complicated medical cases) is a reasonable step.
I agree that second opinions can be valuable. It sounded like the daughter’s attorney was doing what needed to be done, though.

Anyway, HAYLEN hasn’t posted since December 13 or been seen on the forum since January 7, so I imagine that the daughter is satisfied with her attorney.
 

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