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| DUI Litigation - Frequently Asked Questions |
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- Q. I received a check from the BMV, what’s it about?
A. Your name was included on a list from the Ohio BMV as someone whose license was suspended and who was improperly charged two reinstatement fees. The check is a refund minus 20% which went to the lawyers who sued the State.
- Q. Do I need to do anything?
A. No. If you wish to accept the payment as settlement for the claim, merely cash the check. You do not need to do anything else.
- Q. How was the amount calculated?
A. Depending on when your license was suspended, you paid either $500 or $560. Half of that amount is being refunded less a court-approved attorney fee of either $50 or $56. So your check should be $200 or $224.
- Q. My friend got a check but I did not. Why?
A. To get a check you needed to be part of this class. You needed to have your license suspended between September, 1993 and August, 1998, and have reinstated it after April, 1999. You also needed to pay either $500 or $560 for the reinstatement.
- Q. I think I should be in the class but I didn’t receive a check. What should I do?
A. First, you should call the BMV to see if you are on the list of class members. The check may have been sent to the wrong address or lost in the mail. The BMV number is 614-752-7600.
Second, if you are not on the list and believe that you should be, please get all the information regarding the dates your license was suspended and reinstated and send them to:
John Czarnecki, Esq.
Cooper & Walinski, LPA
900 Adams Street
Toledo, OH 43624
We will attempt to find out if you have been mistakenly omitted. Be sure to include information about your current address and phone number so we can contact you.
- Q. Can I sue the State myself?
A. Only if you follow the instructions on the letter, write “Void” on the check and return it with a letter explaining that you wish to withdraw from the class. You should consult a lawyer before taking this step.
- Q. We received a check payable to my father, who is deceased. What do we do?
A. Contact the administrator of his estate and/or the lawyer who handled it. The check should be handled as part of the estate.
- Q. I had two DUI’s. Should I get a check for 2 times the overpayment?
Those people who had more than one DUI suspension that are class members will receive one separate check for each reinstatement. If you think you should have been included more than once and received only one check, see the answer to FAQ No. 5 above.
- Q. I recently moved and did not receive my check. What should I do?
A. The checks were mailed to the address on your current driver’s license. If that is not current, you should contact the BMV to change it. The number is 614-752-7600.
- Q. I have not yet reinstated my license. Am I entitled to payment?
A. No. Only people who already reinstated their licenses will receive a check. When you do reinstate, however, you will be charged the correct fee for reinstatement.
- Q. Does this case also involve reinstatement fees for other kinds of suspensions, like “driving under suspension,” etc.?
A. No. This case only involved fees paid for reinstatement following suspensions for DUI’s between September, 1993 and August, 1998. |
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