IN THE MUNICIPAL COURT OF FRANKLIN COUNTY CRIMINAL DIVISION STATE OF OHIO, Plaintiff, -vCASE NO. 2009 TRC JUDGE DEFENDANT, Defendant.
PETITION FOR OCCUPATIONAL DRIVING PRIVILEGES Now comes the defendant, ______________________, by and through undersigned counsel, and respectfully moves this Honorable Court, pursuant to Ohio Revised Code Section 4507.16(F), for an order granting him occupational driving privileges during the pendency of the above-captioned matter. Respectfully submitted,
____________________________ Douglas A. Funkhouser (0064831) DOUGLAS A. FUNKHOUSER CO., L.P.A. 729 South Third Street Columbus, Ohio 43206 Telephone: (614) 443-5404 Facsimile: (614) 443-5408 Attorney for Defendant
MEMORANDUM IN SUPPORT On DATE, the Defendant was arrested for violations of Ohio Revised Code Section 4511.19 A(1). The Defendant was immediately placed under an Administrative License Suspension (ALS). R.C. 4507.16(F) states in pertinent part: Any other person whose driver's or commercial driver's license or nonresident operating privilege has been suspended under any of those divisions may file a petition that alleges that the suspension would seriously affect the person's ability to continue the person's employment. The petition of a person whose license, permit, or privilege was suspended pursuant to division (F) of section 4511.191 of the Revised Code shall be filed in the court specified in division (I)(4) of that section, and the petition of a person whose license, permit, or privilege was suspended under division (B) or (C) of this section shall be filed in the municipal, county, mayor's, or in the case of a minor, juvenile court that has jurisdiction over the place of arrest. Upon satisfactory proof that there is reasonable cause to believe that the suspension would seriously affect the person's ability to continue the person's employment, the judge of the court or mayor of the mayor's court may grant the person occupational driving privileges during the period during which the suspension otherwise would be imposed, except that the judge or mayor shall not grant occupational driving privileges ... during any of the following periods of time: (1) The first fifteen days of suspension imposed upon an offender whose license, permit, or privilege is suspended pursuant to division (B)(1) of this section or division (F)(1) of section 4511.191 of the Revised Code . On or after the sixteenth day of suspension, the court may grant the offender occupational driving privileges,... (2) The first thirty days of suspension imposed upon an offender whose license, permit, or privilege is suspended pursuant to division (B)(2) of this section or division (F)(2) of section 4511.191 of the Revised Code . On or after the thirty-first day of suspension, the court may grant the offender occupational driving privileges,... In this case, the Defendant was arrested on DATE by officers of the _____________________ Police Department. Therefore, the mandatory fifteen (15)-day
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waiting period to file for occupational driving privileges has expired. The Defendant, is a Twenty-Five year old man who has absolutely no prior criminal record of arrests or convictions for felonies, misdemeanors, or serious traffic offenses. The defendant has been gainfully employed as a ________________________. The defendant's daily work schedule begins at 7:00 a.m. and lasts until 5:00 p.m.. However, the defendant's typical work day involves him staying until 6:00 p.m. or even later. The immediate suspension of the defendant's driving privileges has seriously affected his ability to continue his employment with his employer. In further support of this motion, the defendant respectfully states that he is fully insured with Progressive Insurance Company, Policy Number _______________. (Please see Defendant's Petition Exhibit A, a copy of defendant's Car Insurance Card). WHEREFORE, the defendant, _____________________, by and through undersigned counsel, and pursuant to Ohio Revised Code Section 4507.16(F), respectfully moves this Honorable Court for an order granting him occupational driving privileges during the pendency of the above-captioned matter. Respectfully submitted,
____________________________ Douglas A. Funkhouser (0064831) DOUGLAS A. FUNKHOUSER CO., L.P.A. 729 South Third Street Columbus, Ohio 43206 Telephone: (614) 443-5404 Facsimile: (614) 443-5408 Attorney for Defendant
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CERTIFICATE OF SERVICE The undersigned certifies that a true copy of the foregoing Petition for Occupational Driving Privileges was served this _______ day of _____________, 2009 via regular U.S. Mail to the Prosecutor’s Office, ____________________,
_____________, Ohio __________.
____________________________ Douglas A. Funkhouser (0064831)
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