Today, Jeffrey, Haley, and Evan are pleased to announce that in Case No. 23AP-376, the Ohio Tenth District Court of Appeals has ruled in favor of their client, and ruled against the Registrar of the Bureau of Motor Vehicles, in a case of huge legal significance, one that potentially affects over one million Ohioans. The Court held that the BMV may not continue to suspend a driver’s license based on a decades old Judgment that no longer had legal force. The Decision can be found here: State ex rel. Stone v. Norman.
The BMV issues a license suspension against a driver involved in an auto accident, when the driver was without insurance and a legal judgment is entered against the driver (“Judgment Suspension”). In many cases, after these judgments are entered by a Court, no action is taken to collect them (i.e. wage garnishment, foreclosure, etc.). When no attempts are made to collect a judgment after five years, the judgment becomes “dormant.” When a dormant judgment is not revived within ten years of becoming dormant, that judgment becomes permanently uncollectable.
However, the BMV has taken the position for years that these uncollectible, unenforceable judgments still allow it to continue to suspend a driver’s license. This ends today, in a historic ruling by the Court of Appeals, which held that when the judgment that caused a Judgment Suspension becomes dormant and is not revived within ten years, the BMV must lift the suspension, so long as the driver provides proof to the BMV and complies with other requirements, such as maintaining an SR-22 insurance bond.
Put simply, if your license is suspended due to getting in an accident while uninsured fifteen or more years ago, you may be able to become a valid licensed driver again. Jeffrey M. Lewis Co. LPA recommends that these drivers contact legal counsel to determine their eligibility for obtaining their license back.
Additionally, Evan Lewis encourages the Ohio Legislature to pass Senate Bill 37, which would further reduce many barriers to Ohioans driving legally. Without a valid license, many citizens become stuck in a revolving door of criminal offenses, and without adequate public transportation, a driver’s license is the main tool to provide for one’s self and family.