License Intervention Program case load - Hamilton County_ Ohio by yaosaigeng


									                  Hamilton County Municipal Court
                       License Intervention Program
                           1000 Main Street Room 167
                             Cincinnati, Ohio 45202

The following pages explain how the License Intervention Program was
started and how we operate. Included are examples of the forms we use in
our program.

1. Introduction

2. Handout given in Arraignment

3. Quick review page for Arraignment

4. Information sheet given to the defendant on the 1st LIP appointment

5. LIP report (started on 1st LIP appointment and finished on the last lip appointment)

6. Agreement signed by the defendant on the 1st lip appointment

7. Entry for releasing vehicles.

8. LIP Continued… (SB123)

9. Instructions for Driving Privileges on BMV Suspensions.

10. Prescreen Report

11. Application for Driving Privileges on BMV Suspensions.

12. Letter to Drive on BMV Suspensions.

13. Agreement, which is printed on the back of the Letter to Drive.

14. New Traffic Diversion Plan…

                              (513) 946-5153 / fax (513) 946-5159
                         LICENSE INTERVENTION PROGRAM
                                    1000 MAIN STREET ROOM 167
                                      CINCINNATI, OHIO 45202

       In 1998, the Hamilton County Judges wanted more information for the many Driving Under Suspension
cases and someone to help the defendants to get a valid driver license prior to the final court date.

       Judge Mark Schweikert, Administrative and Presiding Judge to name the first, along with;

       Judge Nadine Allen
       Judge Timothy Black
       Judge Karla Grady
       Judge Cheryl Grant
       Judge Guy Guckenberger
       Judge Dennis Helmick
       Judge William Mallory
       Judge Elizabeth Mattingly
       Judge Jack Rosen
       Judge David Stockdale
       Judge John West

         They all utilized the program to lessen the courts confusion on BMV issues and errors, also the many
mistakes with incorrect charges and sentencing. They wanted to help people get a Valid Driver License and
Insurance. This would also cut down on trials in their courtrooms. They asked Butch Davis to design and run a
program. The License Intervention Program was started in April of 1998. Butch (now retired) came to
Hamilton County Court with 23 years experience with the Ohio Bureau of Motor Vehicles and 25 years of Law
Enforcement Service. He then hired Sheila Doll from the BMV Cincinnati reinstatement office to help him. The
staff was then built up to accommodate the fast growing need of the Programs Services. Butch retired April 9,
2003. The staff currently consists of four employees, Sheila Doll as the Supervisor, Jenna Phillips as the
Assistant, Ted Lotz as an Evaluator, and Charlene Brigham as the Front Desk Coordinator. All are L.E.A.D.S.
certified and trained on BMV suspensions.

The LIP Program works like this:
     1. When a defendant is in arraignment for Driving Under Suspension, the
        Magistrate determines if the defendant has ever been in LIP before, then if
        not, refers the case to LIP. The defendant is sent to the assignment
        commissioner’s office to schedule the appointment, at that time the case is
        scheduled on a future date for the LIP program. They are also given a
        handout with information about LIP and directions to the BMV so they can
        get started.
     2. When the defendant appears on the LIP appointment, they are seen on a
        one-on-one basis. The court case jacket is brought to the room that day.
        LIP gathers all information needed at that time. The driving record is pulled
        from L.E.A.D.S. and the BMV information is pulled from the BMV
        program in our computer. The court records are pulled from the court
        system computer. The LIP officer interviewing the defendant will go over
        all information and ask the defendant pertinent questions to help figure out
        the appropriate action to be taken. If there are BMV or Court mistakes LIP
        will help to get them corrected. If someone has trouble contacting an out of
        state Court or BMV, LIP will assist. LIP will give the defendant the
        information needed to get the Drivers License Valid and rescheduled them
        back in a reasonable amount of time
        (usually 1 to 4 months). When they come back to LIP, a report is written
        and placed in the jacket with the Judges sheet and the case is then
        scheduled back to court. If the defendant fails to appear at any time, a
        Capias is issued.
     3. When the defendant re-appears in court and has obtained a Valid License,
        the prosecutor will either dismiss or amend the charge. If it was an error
        the charge is dismissed.

LIP also processes driving privileges paperwork for Civil, assists Judges, Police
Officers, Prosecutors, Attorneys, and General Public as a walk-in service or by
phone in addition to the daily docket usually consisting of about 60 cases daily.

                                      Arraignment Handout
                                             For the

                           License Intervention Program

                                    READ CAREFULLY

You have been referred to LIP, Room 167 in the main courthouse because of a problem with
your Driving Record. Go to the assignment commissioner’s office immediately (room 255 if
you are in the main courthouse or room 117 if you are in the justice center) to get the LIP
appointment assigned to you.

You should then go to the Seven Hills BMV Reinstatement office at 10948 Hamilton Ave. (742-
7535) as soon as possible and get reinstated if eligible. When you become Valid you can drive.

                  You must appear on the scheduled LIP date even
                    if you get your driving privileges reinstated.

 On this date, the LIP officer will help you by giving you the information you need. They will
give you time to clear up your record, if possible, and write a report for Court. This will
explain what the status was at the time of citation and how it was resolved, so the Court may be
able to reconsider the charges when you re-appear. If you do not go to the assignment
commissioner’s office to get your appointment or you miss the LIP appointment there will be a
Warrant issued for your arrest.

The License Intervention Program does not guarantee that you will get a valid Driver License,
or that the charges will be dismissed, but you will know exactly what your driving record status

  You must be totally HONEST or LIP cannot help you with
                       your situation!

                      Arraignment LIP Review

Name________________________________ Case #___________________________________

      Correct Charge/Proceed

      Incorrect Charge

      Error/Suspension Vacated, now VALID

      Was Suspended, Reinstated/now VALID

      Release Vehicle/NOT an immobilizing offense

      Release Vehicle/Time Expired



                                    License Intervention Program
                                     Reinstatement Information
Name:                                                                                Date 6/9/2005

This is a list of' your current Drivers License reinstatement requirements. You must complete the following items to
regain your driving privileges. This must be completed prior to your return visit to L.I.P. Proof of compliance must
be either a valid driver license or clearance letter from the Bureau of Motor Vehicles.

   Show Court proof of insurance for these dates.
   Show BMV proof of insurance for these dates.               to have case(s) vacated. (OR)
   Serve BMV Suspension                to        .
        Court Suspension. Court             Dates        to        Case
   Pay reinstatement fees           , (total fee may be adjusted).
   File an SR-22 or Financial Responsibility Bond until            . (Contact an Insurance Agent).
   Show existing liability insurance for DUI or ALS.
   Complete 8-hour remedial driving course and obtain certificate. (Contact commercial driving school).
   Satisfy outstanding citations and obtain a Release of Forfeiture for each case below.
   Court and Case #:
   Satisfy out of state ticket or suspension and obtain receipt/clearance letter.
   State and Case #:
   File state Accident Report 3303. Include proof of insurance if applicable.
   Settle damages arising from traffic crash. (obtain notarized agreement, release, or bankruptcy.
   The document must name all parties involved in the crash).
   Obtain form from the medical section in Columbus (614-752-7500) and complete requirements
    for BMV        case.
    Clear Child Support Suspension.
   Satisfy all outstanding warrants/capias.
   Re-test for driver license. (contact exam station).

The local BMV reinstatement office is located off I-275 at the Mt. Healthy / Hamilton Ave. exit # 36. Go south
to 10948 Hamilton Ave. in the Plaza at Seven Hills Drive, one street past Waycross Rd.
                                                           You may mail payments to:
Ohio Bureau of Motor Vehicles                            Ohio Bureau of Motor Vehicles
Southwest Regional Service Center                              P.O. Box 16520
10948 Hamilton Ave.                                        Columbus, Ohio 43266-0020
Cincinnati, Ohio 45231                                            513-742-7535
Monday-Friday 8:00 am – 4:30 pm                           Put your SS# on your Money Orders.

                                INFORMATION WAS VERIFIED

L.I.P. Officer

                     License Intervention Program
                         Investigation Report
Defendant:           Case:                        Control No. :
Address:                            Phone:
Date of arrest:                     Charges:
Status of Drivers License at time of arrest:                               FR shown at
time of arrest:
Nature of suspension:
Defendant involved in accident at time of offense:
Non-compliance suspension within 5 years:                            Vehicle seized:

Date reported to L. I. P.:                             License status:
FR shown to L.I.P.:                                    Amount:

    Do Not Return to L.I.P., Was not under suspension at time of arrest.
    Do Not Return to L.I.P., In compliance after citation was issued.
    Defendant advised of' reinstatement procedures
    Return to L.I.P. In             Days.

L.I.P. Officer:

Return and extend dates:
Failed to return to LIP on____________. Refer for CAPIAS on_________________.




:                                                      Save


        A. Continue to appear in room 167, 1st floor of the Hamilton County Courthouse, as
             directed by the LIP officer.
        B. Comply with all reinstatement requirements of the Ohio Bureau of Motor
           Vehicles (BMV).
        C. Pay all reinstatement fees to the BMV as required by law.
        D. Obtain Insurance as required by law.
        E. Pay for and attend any Serious Traffic Offense Awareness program as
             by the LIP officer.
        F. No further contacts with the Criminal Justice system, criminal or traffic.
        G. Appear in Court as directed by the LIP officer for final disposition of any
           charges which may include paying costs and fines as given by the Court and
           immobilization of your vehicle as required by Ohio Law.

Upon compliance your case will be reviewed by the Prosecutor for appropriate further

If you fail to appear as directed, fail to comply or are uncooperative, the LIP officer will
recommend the following to the Court:

        a. - Capias to be issued if you fail to appear.

        b. - Expulsion from the LIP if you get new criminal/traffic charges.

        c. - Prosecution for the original D.U.S. charges.

        d. - Notify the BMV, which will impose a Non-Compliance suspension if

        e. - Impose immobilization of your vehicle as required by law, in which you pay
             all towing and storage fees.


_________________                                                                 _______
Defendant                                                                         Date


                            VEHICLE RELEASE ORDER

   STATE OF OHIO                                           CASE NUMBER___________________________
                                                           LICENSE PLATE#_________________________

_______________________                                    VEHICLE TYPE ___________________________
                                                           VEHICLE VIN #___________________________

The above vehicle may be released for the following reasons:

   The seizure of the vehicle was not authorized under R.C. 4510.41 or by any other law. The court orders
the state or political subdivision of the law enforcement agency served by the law enforcement officer who
seized the vehicle pay all expenses and charges incurred in its removal and storage.

  The defendant’s charge has been dismissed or amended. Release vehicle and license plates upon
payment of towing and storage costs.

   The defendant has been found not guilty of the charge. Release vehicle and license plates upon payment
of towing and storage costs.

   The immobilization time has expired prior to trial. Release the vehicle and license plates upon payment
of towing and storage costs.

   Conditional release of the motor vehicle is granted on the following conditions:
The defendant, or persons acting on his/her behalf, shall bring the vehicle and its license plates to Court on
the day charges are resolved. If defendant is convicted and the Court orders impoundment of plates &
immobilization or forfeiture of the vehicle, the vehicle & license plates shall be delivered by a licensed
driver to an impoundment location designated by the arresting agency with all associated costs being paid
by defendant. The defendant shall not transfer title or dispose of the above motor vehicle in any manner
without prior approval of this court. If the vehicle is subject to an order for criminal forfeiture and the title
has been assigned or transferred, and R.C. 4503.234 (C)(2) or (3) applies, the Court may fine the defendant
the value of the vehicle. The defendant is responsible for all towing and storage costs. The defendant shall
give a bond, executed by sufficient surety, approved by the clerk, in the amount of
$______________________ to secure compliance with this order. This order is not effective unless it
bears an endorsement by the clerk that bond has been so posted.

                                                                                   APPROVED AND FILED

_________________________________                                ______________________________________
        Defendant/Attorney                                                          Judge


License Intervention Program continued:

With the effective date January 1, 2004 start of the Senate Bill 123…

Courts may grant driving privileges on BMV Non-Compliance Suspensions and Payment Plans.

The plan for Hamilton County Court procedure for granting driving privileges on Non-Compliance
Suspensions/BMV Payment Plans is as follows:

This will be similar to the filing procedure for privileges for 12 Point Suspensions. When the applicant appears
to file the motion, they will be given an instruction sheet and directed to go to the LIP office and get the
eligibility report and the letter to drive prepared. Then, the applicant takes the paperwork and the filing fee to
the clerk to file the motion. The court date is scheduled at that time. The court hearing would be held with the
next 12-point docket scheduled. The Magistrate will have the LIP report and the applicants proof for the need
to drive to use when making the decision to Grant or Deny the motion. If granted, the Clerk of Courts would
prepare the proper documents, which would include the BMV form 2091(terms of the privileges) and send to
the BMV. The defendant is given the Letter to Drive. He/She takes it to the BMV to be recorded immediately.

                         HAMILTON COUNTY

                    O.R.C. 4510.021 B, 4510.10 & 4509.101
                           EFFECTIVE DATE JANUARY 1, 2004

Non-Compliance Driving privileges are considered on 1st or 2nd Suspensions only. All
BMV reinstatement fees must be paid and financial responsibility insurance must be filed
with the BMV.

Payment Plan driving privileges are considered when there are no other suspensions
remaining and you agree to make regular payments to the BMV and provide proof of
insurance as directed by the court. Fees to be paid in full at the end of the six-month period
for which driving privileges are granted.

1. Go to room 167, sign in for information and wait to be called. The License
   Intervention Program will check your BMV record and give you a Pre-
   Screen Report, if eligible, or instructions to get eligible.

2. You may then take the Pre-Screen report to room 115 in the Court House to
   pay the filing fee OF $111.00, file the motion and get your court date.
   (approximately 2 weeks away)

3. You must have Automobile Insurance or file a Financial Responsibility
   Bond with the BMV. Which ever is required. Also provide a copy.

4. You must present to court written proof of the reason you need driving
   privileges. (Letter from employer, school schedule, letter from doctor, etc. must be on
   official letterhead)

5. If granted, the Letter to Drive must be taken to the BMV to be recorded on
   your record BEFORE you may drive. At that time the BMV will issue you a
   letter to renew or retest if needed.

                 Ohio Bureau of Motor Vehicles Region Service Center
                                10948 Hamilton Ave.
                               Cincinnati, Ohio 45240

                 License Intervention Program
                        Hamilton County Municipal Court
                          1000 Main Street, Room 167
                            Cincinnati, Ohio 45202

                              Pre-Screen Report

Case No. __________________

Name:                    Birth Date

After reviewing the driving record, LIP has determined that the petitioner does fall
under the guidelines to apply for driving privileges on the following:

      Non-Compliance Eligible Driving Privilege Dates:


      Six-Month Payment Plan to be as follows: $         per month for 6 months
      for total reinstatement fees of $   .

__________________________                         _____ ____________________
     LIP Officer                                            Petitioner

___________________                                _________________________
    Today’s Date                                   Court Date Assigned by Clerk

            This form is valid for issue date only.

                            CINCINNATI, OHIO

______________________                             CASE NO ______________________


         STATE OF OHIO                        APPLICATION FOR DRIVING
       Bureau of Motor Vehicles               PRIVILEGESON A FIRST OR
                                              SECOND BMV NON-COMPLIANCE SUSPENSION
                                              OR FEE PAYMENT PLAN

Now comes the Petitioner in the above captioned case, and respectfully represents to the court that the said
Petitioner’s Driver License is suspended due to:

     First or Second Non-Compliance Suspension
     BMV Reinstatement Fees

The Petitioner further states that the continued suspension of the privilege and license to operate a motor vehicle
would work an extreme hardship and desires driving privileges for the following reasons:

Wherefore, the Petitioner prays that the further suspension of the privilege to operate a motor vehicle be
modified to allow driving privileges.

_____________________________________                        _______________________
Petitioner/Attorney           S. CT. #                                Date



Revised 1/04


                                     DRIVING PERMIT AGREEMENT

As a condition of being granted a driving permit by the Hamilton County Municipal Court,
for the named cases only, the Defendant agrees to the following terms:

     1. The defendant must carry the Court Ordered Driving Permit while driving.

     2. The defendant will not operate any motor vehicle without appropriate liability insurance coverage.

     3. The defendant must be in compliance with the BMV at all times with no other suspensions. The defendant
        must go to the BMV at 10948 Hamilton Ave. to check before driving.

     4. The defendant must present the Court Order, surrender his/her license plates, present registration, and pay
        a fee to a BMV License Bureau to obtain Restricted Plates if ordered by the Court.

     5. The defendant, when driving under the authority of the permit, is not permitted to stop for any purpose
        unrelated to the permit orders.

     6. The defendant is to inform this court of any address change in residence, employment, or hours of
        employment. If there are any changes, the defendant must obtain a new permit to drive from the Hamilton
        County Municipal Court by filing the appropriate motion.

     7. In the event the defendant violates any of the restrictions contained in this agreement, the driving permit is
        void and he/she may be found guilty of driving under suspension, which could result in a jail sentence.

     8. If you are ordered to drive with the Interlock Device, you must present the order to the BMV
        reinstatement office at 10948 Hamilton Ave. to obtain the BMV letter for issuance of the Interlock
        License or letter to Retest with Interlock. Proceed to the license bureau to obtain the interlock license if
        retest is not required. (You must have all other suspension problem resolved before the BMV will give
        you the letter.) You must call probation for an appointment to show them the license or letter and proof of
        insurance to get the interlock installation arranged. (513-946-9626) (If you are required to re-test, take the
        BMV letter to probation, get interlock installed then go to the testing station and retest to obtain the
        Interlock Driver License).

       These driving privileges are subject to the limitations described above and to any court
       orders or BMV requirements imposed either prior to or subsequent to the issuance of
       this grant of privileges. To the extent that the terms of this grant are either in conflict
       with or inconsistent with any other order or requirement, this grant of privileges is null
       and void. Failure to maintain insurance and failure to pay fines and court costs in a
       timely manner renders this grant of privileges null and void.

Revised 1/04

Traffic Diversion Plan…

In 2002, The Hamilton County Municipal Court added an additional option to the License
Intervention Program recommendations, a Traffic Diversion plan which was approved by both
the City and County Prosecutors offices. In addition to the License Intervention Program
recommending reduction of charges when a defendant gets legal to drive, this created the option
of a recommendation for dismissal of all charges when the following rules applied.

The License Intervention Program reports the final results that will indicate cases that qualify
and recommend that all charges be dismissed only if:

    Must be first time in LIP.

    No accompanying accident.

    No accompanying DUI or felony Drug charge.

    No accompanying felony criminal charge.

    No pending Court cases.

    No previous convictions of:

         1. NO OL within 5 years, MM charges excluded;
            (expired less than 6 months and violation of temp permit)

         2. D U S

         3. O V I



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