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  1. #1
    Join Date
    Jan 2011
    Location
    Cincinnati, ohio
    Posts
    3

    Default License Suspended for Something the Holder Didn't Do

    My question involves a driver's license issued by the State of: Ohio

    I rear ended someone because 2 cars up ahead of me they decided to make a last minute turn without a turn signal and needless to say I couldn't stop my full size duely truck in time.

    The truck was in my husbands name and I was driving it without insurance and with a suspended license.

    Anyhow, I paid the damages to the vehicle I hit and worked that out just fine. Now, I figured I would get hit with fees and tickets which I expected. However, I didn't expect to find out that they would suspend my husbands license for 4 months. Where is it in the law that states this?

    I couldn't locate anything about suspending the owners license for 4 months when he wasn't driving or even in the vehicle.
    Would it matter if he claims I had no permission driving the truck?

    Also, something else that I have a question is that a very similar incident happened about 5 years ago. I was driving with a valid license, without insurance and I hydroplaned across the highway and a semi t-boned me. I paid the damages, they suspended my license (which I expected) and they NEVER suspended his license. So what has changed in the past 5 years? why didn't they suspend him then, but they did now for a similar incident?

    The only difference between then and now is that: now, the insurance company put a property damage release on me and my husband which meant we had a deadline to pay the damages in full. We paid it before the deadline so therefore there shouldn't have been any license being suspended for that reason.

    Please help. He needs his license for his job. I need to do whatever I can to save his job. Please help!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    15,875

    Default Re: Can You Make Sense of This Spouse's License Suspended for Something They Didn't D

    Would it matter if he claims I had no permission driving the truck?
    If he claims you didn't have permission to be driving his truck, he'll have to file a police report alleging theft of the vehicle.

    Your husband's license has been suspended under Our Great State's wrongful entrustment laws, which are explained here. In your prior incident, you had a valid license, so the wrongful entrustment statute did not apply.

    The suspension is MANDATORY. I see no way for your husband to successfully argue that he didn't know that your license was suspended. YOU need to stop driving until you have a valid license and insurance again, and your husband needs to not drive until his license is reinstated, or it's just going to snowball and make matters worse for both of you - legally and financially.
    I'm not a lawyer, but I play a researcher on the internet!
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  3. #3
    Join Date
    Jan 2011
    Location
    Cincinnati, ohio
    Posts
    3

    Default Re: Can You Make Sense of This Spouse's License Suspended for Something They Didn't D

    Ok, thank you LawResearcherMissy. I didn't know about the wrongful entrustment laws. Maybe that's why I couldn't find anything about our situation.

    Thanks!

    I just came across a paper from the BMV with my husbands name on it and it stated NON-compliance suspension. Offense date 7/17/2010 suspended 11/5/2010. Would it state something more specific like wrongful entrustment suspension? Sounds like they are not suspending the license for wrongful entrustment, but just not having insurance -non-compliance. If this is the case then where does it talk about that?
    I just want to understand it all. Any help is appreciated.

    Also why is the suspended date 3 months later?

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,194

    Default Re: Can You Make Sense of This Spouse's License Suspended for Something They Didn't D

    Quote Quoting spiresbuilt
    View Post
    I just came across a paper from the BMV with my husbands name on it and it stated NON-compliance suspension. Offense date 7/17/2010 suspended 11/5/2010. Would it state something more specific like wrongful entrustment suspension? Sounds like they are not suspending the license for wrongful entrustment, but just not having insurance -non-compliance. If this is the case then where does it talk about that?
    See: 4509.101 Operating of motor vehicle without proof of financial responsibility.

    The linked statute is too long to quote here but it starts with:
    4509.101 Operating of motor vehicle without proof of financial responsibility.
    (A)(1) No person shall operate, or permit the operation of, a motor vehicle in this state, unless proof of financial responsibility is maintained continuously throughout the registration period with respect to that vehicle, or, in the case of a driver who is not the owner, with respect to that driver’s operation of that vehicle.
    And then it goes into the "penalties" which include "suspension of the person’s driver’s license"... And "person" refers to the either the person operating a motor vehicle (you) OR the person permitting the operation of a motor vehicle (your husband).
    I am right 97% of the time... Who cares about the other 4%!

  5. #5
    Join Date
    Jan 2011
    Location
    Cincinnati, ohio
    Posts
    3

    Default Re: Can You Make Sense of This Spouse's License Suspended for Something They Didn't D

    ok. thanks That Guy, for pointing that part out in that statute.

    The main thing that I can't understand it why it didn't get suspended the similar incident 5 years ago. Guess he was lucky then.....or something changed in the ORC.

    Guess we can try to get work privileges until the suspension is over.

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