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Driver License Reinstatement CLE Training

Driver License Reinstatement CLE Training. 2019. Darlene Jones BMV Regional Representative / Court Liaison NE, NC and SE Ohio djones@dps.ohio.gov 330-797-9346 Jill Christian BMV Regional Representative / Court Liaison SW, SE and Central Ohio jchristian@dps.ohio.gov 740-286-8656

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Driver License Reinstatement CLE Training

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  1. Driver License Reinstatement CLE Training 2019

  2. Darlene Jones BMV Regional Representative / Court Liaison NE, NC and SE Ohio djones@dps.ohio.gov 330-797-9346 Jill Christian BMV Regional Representative / Court Liaison SW, SE and Central Ohio jchristian@dps.ohio.gov 740-286-8656 Diane Hayward BMV Regional Representative / Court Liaison NW, NC dhayward@dps.ohio.gov 419-327-8973

  3. Agenda • Common Suspensions / Blocks • BMV Fee Amnesty Initiative • BMV Records Interpretation • BMV Installment Plan • Online Services (how to login and register) • Examples and Interpretation of BMV2006 letters

  4. Common Suspensions / Blocks • What are the reasons an operator’s license can be suspended in Ohio? • Most common Ohio Suspensions: • Non-Compliance – driver and/or owner who fails to show proof that financial responsibility was in effect at the time of an accident/offense/random selection. • License Forfeiture – person either fails to appear in court at the required time or appears and pleads guilty or is found guilty and fails to pay the fines within the required time. • Child Support – results from a default on a child support order or the failure to comply with a warrant or subpoena regarding child support.

  5. Twelve Point Suspension – results from a driver accumulating 12 points or more in a two-year period. • Administrative License Suspension or OVI: • ALS – results from providing sample over legal limit (BAC) or refusing to test. • OVI – on a conviction for OVI. • Less common suspensions – Habitual Alcohol, High School Dropout, In-State Drug, Judgment, Security, Medical, Juvenile, Liquor Law, National Driver Registry, Non-Resident Violator, Out of State Alcohol or Drug, OMVUAC, Physical Control, Probationary, Tobacco, Violation of Restriction, and Weapon on School Property.

  6. When a person’s license is suspended, can they still drive? • Simple answer is NO. • Availability of privileges – general rule – courts can grant privileges on suspensions it imposes, not on BMV suspensions. • Common exceptions to general rule: • Non-Compliance privileges – apply in court of record in court of residence or court of origin. “Court payment plan” with privileges availability. • Twelve point – apply in municipal court of residence. • ALS – privileges from court during OVI pendency.

  7. After suspension ends, what must a driver do to get valid? • Most common reinstatement requirements: • Full payment of reinstatement fees or payment plan • SR-22 / Bond / current proof of insurance • Remedial class – listed by county on OhioBMV.gov website • Court releases – in state and out of state courts • CSEA releases (child support) • Exam (requirement of 12 point and some probationary suspensions) • More obscure requirements – physician’s statement for medical suspension/restriction; certification of sobriety for habitual alcohol suspension; judgment release or security; smoking education class…

  8. *Magistrate Clark’s Suspension Handbook can be requested at jclark@stowmunicourt.com or *Garfield Heights Municipal Court Ohio Driver’s Reinstatement Handbook available at http://www.ghmc.org/sites/default/files/pdfs/ReinstatementHandbook.pdf

  9. House Bill 336 Reinstatement Fee Amnesty Initiative

  10. What is the BMV Reinstatement Fee Amnesty Initiative? Pursuant to House Bill 336, 132nd Ohio General Assembly, Reinstatement Fee Amnesty is a six-month driver’s license reinstatement fee debt reduction and waiver program for offenders whose driver’s licenses have been suspended for specific violations. The program only applies to a driver's license or permit suspension; it does not apply to a commercial driver's license or permit suspension.

  11. What offenses are eligible for the reinstatement fee amnesty? The BMV will determine an applicant’s eligibility based on the defined permissible qualifying offenses contained in the Ohio Revised Code. What are the eligible offenses?

  12. The following Ohio Revised Code sections if the offense, an essential element of the offense, the basis of the charge, or any underlying offense did not involve alcohol, a drug of abuse, combination thereof, or a deadly weapon: 2151.354 (Unruly child) 2152.19 (Delinquent child) 2152.21 (Juvenile traffic offender) 2907.24 (Solicitation with a motor vehicle) 2913.02 (Theft of gasoline) 4507.20 (Incompetence by examination) 4509.17 (Failure to pay security deposit, or failure to request a hearing after receiving notice regarding a motor vehicle accident) 4509.24 (Default on payment after a motor vehicle accident) 4509.40 (Nonpayment of a judgment) 4510.037 (Repeat traffic offender) 4510.05 (Violation of a municipal ordinance that is substantially similar to a statutory violation that imposes a suspension) 4510.06 (Suspension under the federal Assimilative Crimes Act) 4510.15 (Reckless operation) 4510.22 (Failure to appear or failure to pay a fine related to specific vehicle-related violations) 4510.23 (Incompetency adjudication) 4510.31 (Commission of specific motor vehicle offenses by a minor) 4510.32 (Habitual absence from school) 4511.203 (Wrongful entrustment of a motor vehicle) 4511.205 (Use of an electronic wireless communication device by a minor while driving) 4511.251 (Street racing) 4511.75 (Failure to stop for a school bus) 4549.02 (Failure to stop after an accident), 4549.021 (Failure to stop after a nonpublic road accident) 5743.99 (Trafficking in cigarettes or tobacco products with intent to avoid tax, when a motor vehicle was used in the offense).

  13. There are two initiatives. 1 - REINSTATEMENT FEE DEBT REDUCTION Will establish a means by which a person can reduce the amount of total reinstatement fees owed for eligible offenses. 2 – COMPLETE AMNESTY Will establish a means by which a person can apply for complete amnesty for reinstatement fees owed for eligible offenses. Lets explore the two initiatives!

  14. REINSTATEMENT FEE DEBT REDUCTION Who is eligible for Reinstatement Fee Debt Reduction? 1. A person who has or held an Ohio Drivers License or Permit, and; 2. A person who’s license has been suspended as the result of an eligible offense, and; 3. The person has completed all court-ordered sanctions related to the eligible offenses other than the payment of reinstatement fees, and; 4. At least 18 months has expired since the end of the period of suspension. How to apply for the Reinstatement Fee Debt Reduction? 1. Complete a BMV 2829 Application for BMV Reinstatement Fee Amnesty Initiative. a. Take completed application to any Deputy Registrar Office (application will be mailed to Columbus for review). There will NOT be a service fee charged to mail the application to Columbus. b. Mail – Ohio BMV, Attn: Points, P.O. Box 16521, Columbus, OH 43216- 6521 c. Apply online www.bmv.ohio.gov – Online services

  15. REINSTATEMENT FEE DEBT REDUCTION How Reinstatement Fee Debt Reduction Works 1. Fees for multiple eligible offenses: If a person owes reinstatement fees for multiple eligible offenses, the person will have to pay the lowest fee owed or 10% of the total amount owed for the eligible offenses, whichever amount is greater. 2. Fees for one eligible offense: If a person owes reinstatement fees for only one eligible offense, the person will have to pay half of the fee owed.

  16. COMPLETE AMNESTY (WAIVER OF FEES) Who is eligible for Complete Amnesty? 1. A person who currently has or has held an Ohio Drivers License or Permit, and; 2. A person who’s license has been suspended as the result of an eligible offense, and; 3. The person has completed all court-ordered sanctions related to the eligible offenses other than the payment of reinstatement fees, and; 4. The person is indigent and can demonstrate proof of indigence. Proof of indigence will consist of a screen shot from the Ohio Department of Job and Family Services Benefits Self-Service Portal. The screen shot must be unexpired and include: - Current status - Current month - Next review date - Authorized representatives in the household

  17. COMPLETE AMNESTY How to Apply for Complete Amnesty? 1. Complete a BMV 2829 Application for BMV Reinstatement Fee Amnesty Initiative and provide proof of indigence. a. Take completed application and proof of indigence to any Deputy Registrar Office (application and proof of indigence will be mailed to Columbus for review). There will NOT be a service fee charged to mail the application to Columbus. b. Mail – Ohio BMV, Attn: Points, P.O. Box 16521, Columbus, OH 43216- 6521

  18. How long will the application process take? • By mail – 7 to 10 business days after received. • Deputy Registrar office – 7-10 business days. • How will they be notified if approved or denied for the reinstatement fee amnesty? • They will be receive a letter by mail within 7-10 business days indicating approval or denial. • - Approval letter – Will indicate full amnesty or reduction of fees and how much is owed • - Denial letter – Will indicate reason for denial.

  19. Things to Remember • Customers are responsible for knowing what is required to be eligible for the BMV Reinstatement Fee Amnesty Initiative. Deputy Registrars are not to advise customers about reinstatement requirements. Deputy Registrars will not process any applications. However you can drop your application off at your local Deputy Registrar and they will mail it to Columbus for processing. • - House Bill 336 specifically excludes CDL drivers or CDL Permit holders from being eligible to apply under this Reinstatement Fee Amnesty Initiative. • - Must have completed all court-ordered sanctions related to the eligible offense other than the payment of reinstatement fees. • - At least 18 months have expired since the end of the period of the suspension for debt reduction. • - Prior to applying, we encourage everyone to utilize the amnesty query screen under online services on our website www.bmv.ohio.gov. The query screen will show if any reinstatement fees are eligible for amnesty.

  20. More Things to Remember • A person can apply for the reinstatement fee amnesty program prior to complying with other reinstatement requirements. Keep in mind, if approved, the license status may change to “failure to reinstate” until all requirements are met. • - Applications for the BMV Reinstatement Fee Amnesty Initiative will only be accepted from January 31, 2019 through July 31, 2019 • - The application will be reviewed by the Columbus office and an approval or denial letter will be mailed within 7-10 business days after the application is received. • - Please direct any customer questions to the BMV website www.bmv.ohio.gov. They can also call (614-)752-7500 or 844-644-6268.Call Center hours of operation: Monday - Friday 7 a.m. - 5:30 p.m. and Saturdays 8 a.m. – 1:45 p.m.

  21. After Approval • How can I make my BMV fee payments? • Pay online by visiting Ohio OPLATES by credit/debit card only. The transaction processes immediately. • Pay in person at a deputy registrar office by cash, check, or money order. A $10.00 service fee will be charged. • Pay by mail to: Ohio BMV, Re-Fees, P.O. Box 16520, Columbus, Ohio 43216-6520. Check or money order only. Allow 7 to 10 business for processing. • Can I pay my reduced reinstatement fees through the BMV fee payment plan? • Yes, as long as you meet the eligibility requirements for the BMV fee payment plan. • You must owe a minimum of $150.00 in reinstatement fees. • You must have met all other reinstatement requirements except for paying reinstatement fees. • You must provide proof of current insurance. • You cannot be under a current court-ordered fee payment plan. • You cannot have a currently pending suspension.

  22. THE END QUESTIONS?

  23. Court Ordered Installment Plan vs BMV Installment Plan • Failure to Reinstate/ limited privileges or Suspended/ limited privileges • Needs court order to renew/retest (will not be issued license) • Processing fees cannot be included (must pay WB fees) Valid/Full privileges May apply for duplicate/renew/test without court order Processing fees may be included

  24. BMV Fee Installment Plan Requirements • Must owe at least $150 in reinstatement fees • Have met all reinstatement requirements except for paying reinstatement fees (failure to reinstate status) • Not currently on a “court ordered” fee payment plan • No pending or current hard suspensions • Provide current proof of insurance (SR22)

  25. BMV Fee Installment Plan Application Process: • You can complete the application process by mail or at any Deputy Registrar. • There is an additional $10 service fee to process any “Reinstatement related” documents at a Deputy Registrar. • Complete the Fee Installment Plan Application, BMV 1152 • Pay $50 • Show current proof of insurance (SR22)

  26. Court Ordered Installment Plan Requirements Must make application with their municipal court or the court of origin for “hard suspension” (BMV 2821) Required to pay all processing fees (Warrant Block $15 fees and/or $40 twelve point suspension fees) Provide and maintain (SR22) if required Required to make at least a $50 payment per month (court can be notified by the state if payments are not made)

  27. BMV Fee Installment Plan Payment Options: A $50 payment is due EVERY 30 DAYS to keep the payment plan active • Mail - check or money order. (No cash) • Online at www.bmv.ohio.gov – Credit/debit only (2% service fee) • Deputy Registrar • Customer will be charged a $10 service fee for each payment made.

  28. BMV Fee Installment Plan Termination/Cancellation • BMV Fee Installment Plan or the Court Installment plan will be terminated if at any time a new suspension appears on the record. • Once terminated the customer must go through the application process again (if/when they qualify). • BMV Fee Installment Plan will be cancelled if a payment is not made every 30 days. • Once a payment is made, the BMV Fee Installment Plan will be reactivated.

  29. BMV ONLINE SERVICES To access the BMV ONLINE SERVICESgo to: WWW.BMV.OHIO.GOV

  30. Total fees due Per Case

  31. Customer will serve a two- year Security suspension from the date of the accident

  32. Qualifies for BMV Fee Installment Plan

  33. Once requirements are met, can get BMV Fee Installment plan

  34. Ohio will not suspend longer than the reporting state Ohio will not suspend longer than the reporting state

  35. Once we receive a receipt of payment from the reporting state, customer can reapply for the BMV Fee Payment plan

  36. Registration will be denied until the $100 fee is paid and the BMV receives a release from the REPORTING COURT

  37. Customer paid all reinstatement fees, therefore received limited privileges without a “Court Payment plan”

  38. 2 “Court Fee Payment” plan has been issued, but customer NEEDED TO SERVE 30 full days of hard suspension with no privileges

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