Category Archives: OVI

The Statutory Definition of “Operate” Applies to Operating Under the Influence and Operating Under a License Suspension

Posted on August 6, 2020 by Judge Deborah J. Nicastro

The First District Court of Appeals recently established that the same statutory definition of “operate” applies to both OVI and DUS. R.C. Title 45 governs motor vehicles. The entire title contains only one definition of the word “operate”. That definition is found in R.C. 4511.01 (HHH). According to the introductory language to the definitions in […]

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CDL Disqualification – Implied Consent Refusal

Posted on June 4, 2020 by Robert Walton, Esq.

Submitted by Co Authors Robert G. Walton and Gretchen Ebner People often confuse the meanings of, and relationships between, disqualification  and suspension relative to a commercial driver’s license (CDL). The holder of a CDL can be subject to disqualification and/or suspension.

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When the BMV Can Lawfully Disqualify a CDL Holder for an OVI Conviction

Posted on May 21, 2020 by Robert Walton, Esq.

Contrary to common belief and the routine practice of the BMV, the BMV may only disqualify a CDL holder from operating a commercial motor vehicle if convicted of a violation of R.C. 4506.15 and not R.C. 4511.19.

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