Ohio Rev. Code » Chapter 4510
Ohio Revised Code

Ohio Rev. Code § 4510.037 (2026)

Warning letter - notice of suspension - remedial driving course

✓ current as of May 2026
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
Effective:
June 30, 2021
Latest Legislation:
House Bill 74 - 134th General Assembly
PDF:
Download Authenticated PDF
 

(A) When the registrar of motor vehicles determines that the total points charged against any person under section 4510.036 of the Revised Code exceed five, the registrar shall send a warning letter to the person at the person's last known address by regular mail. The warning letter shall list the reported violations that are the basis of the points charged, list the number of points charged for each violation, and outline the suspension provisions of this section.

(B) When the registrar determines that the total points charged against any person under section 4510.036 of the Revised Code within any two-year period beginning on the date of the first conviction within the two-year period is equal to twelve or more, the registrar shall send a written notice to the person at the person's last known address by regular mail. The notice shall list the reported violations that are the basis of the points charged, list the number of points charged for each violation, and state that, because the total number of points charged against the person within the applicable two-year period is equal to twelve or more, the registrar is imposing a class D suspension of the person's driver's or commercial driver's license or permit or nonresident operating privileges for the period of time specified in division (B)(4) of section 4510.02 of the Revised Code. The notice also shall state that the suspension is effective on the twentieth day after the mailing of the notice, unless the person files a petition appealing the determination and suspension in the municipal court, county court, or, if the person is under the age of eighteen, the juvenile division of the court of common pleas in whose jurisdiction the person resides or, if the person is not a resident of this state, in the Franklin county municipal court or juvenile division of the Franklin county court of common pleas. By filing the appeal of the determination and suspension, the person agrees to pay the cost of the proceedings in the appeal of the determination and suspension and alleges that the person can show cause why the person's driver's or commercial driver's license or permit or nonresident operating privileges should not be suspended.

(C)(1) Any person against whom at least two but less than twelve points have been charged under section 4510.036 of the Revised Code may enroll in a course of remedial driving instruction that is approved by the director of public safety in accordance with division (L) of this section. Upon the person's completion of an approved course of remedial driving instruction, the person may apply to the registrar on a form prescribed by the registrar for a credit of two points on the person's driving record. Upon receipt of the application and proof of completion of the approved remedial driving course, the registrar shall approve the two-point credit. The registrar shall not approve any credits for a person who completes an approved course of remedial driving instruction pursuant to a judge's order under section 4510.02 of the Revised Code.

(2) In any three-year period, the registrar shall approve only one two-point credit on a person's driving record under division (C)(1) of this section. The registrar shall approve not more than five two-point credits on a person's driving record under division (C)(1) of this section during that person's lifetime.

(D) When a judge of a court of record suspends a person's driver's or commercial driver's license or permit or nonresident operating privilege and charges points against the person under section 4510.036 of the Revised Code for the offense that resulted in the suspension, the registrar shall credit that period of suspension against the time of any subsequent suspension imposed under this section for which those points were used to impose the subsequent suspension. When a United States district court that has jurisdiction within this state suspends a person's driver's or commercial driver's license or permit or nonresident operating privileges pursuant to the "Assimilative Crimes Act," 102 Stat. 4381 (1988), 18 U.S.C.A. 13, as amended, the district court prepares an abstract pursuant to section 4510.031 of the Revised Code, and the district court charges points against the person under section 4510.036 of the Revised Code for the offense that resulted in the suspension, the registrar shall credit the period of suspension imposed by the district court against the time of any subsequent suspension imposed under this section for which the points were used to impose the subsequent suspension.

(E) The registrar, upon the written request of a licensee who files a petition under division (B) of this section, shall furnish the licensee a certified copy of the registrar's record of the convictions and bond forfeitures of the person. This record shall include the name, address, and date of birth of the licensee; the name of the court in which each conviction or bail forfeiture took place; the nature of the offense that was the basis of the conviction or bond forfeiture; and any other information that the registrar considers necessary. If the record indicates that twelve points or more have been charged against the person within a two-year period, it is prima-facie evidence that the person is a repeat traffic offender, and the registrar shall suspend the person's driver's or commercial driver's license or permit or nonresident operating privilege pursuant to division (B) of this section.

In hearing the petition and determining whether the person filing the petition has shown cause why the person's driver's or commercial driver's license or permit or nonresident operating privilege should not be suspended, the court shall decide the issue on the record certified by the registrar and any additional relevant, competent, and material evidence that either the registrar or the person whose license is sought to be suspended submits.

(F) If a petition is filed under division (B) of this section in a county court, the prosecuting attorney of the county in which the case is pending shall represent the registrar in the proceedings, except that, if the petitioner resides in a municipal corporation within the jurisdiction of the county court, the city director of law, village solicitor, or other chief legal officer of the municipal corporation shall represent the registrar in the proceedings. If a petition is filed under division (B) of this section in a municipal court, the registrar shall be represented in the resulting proceedings as provided in section 1901.34 of the Revised Code.

(G) If the court determines from the evidence submitted that a person who filed a petition under division (B) of this section has failed to show cause why the person's driver's or commercial driver's license or permit or nonresident operating privileges should not be suspended, the court shall assess against the person the cost of the proceedings in the appeal of the determination and suspension and shall impose the applicable suspension under this section or suspend all or a portion of the suspension and impose any conditions upon the person that the court considers proper or impose upon the person a community control sanction pursuant to section 2929.15 or 2929.25 of the Revised Code. If the court determines from the evidence submitted that a person who filed a petition under division (B) of this section has shown cause why the person's driver's or commercial driver's license or permit or nonresident operating privileges should not be suspended, the costs of the appeal proceeding shall be paid out of the county treasury of the county in which the proceedings were held.

(H) Any person whose driver's or commercial driver's license or permit or nonresident operating privileges are suspended under this section is not entitled to apply for or receive a new driver's or commercial driver's license or permit or to request or be granted nonresident operating privileges during the effective period of the suspension.

(I) Upon the termination of any suspension or other penalty imposed under this section involving the surrender of license or permit and upon the request of the person whose license or permit was suspended or surrendered, the registrar shall return the license or permit to the person upon determining that the person has complied with all provisions of section 4510.038 of the Revised Code or, if the registrar destroyed the license or permit pursuant to section 4510.52 of the Revised Code, shall reissue the person's license or permit.

(J) Any person whose driver's or commercial driver's license or permit or nonresident operating privileges are suspended as a repeat traffic offender under this section and who, during the suspension, operates any motor vehicle upon any public roads and highways is guilty of driving under a twelve-point suspension, a misdemeanor of the first degree. The court shall sentence the offender to a minimum term of three days in jail. No court shall suspend the first three days of jail time imposed pursuant to this division.

(K) The registrar, in accordance with specific statutory authority, may suspend the privilege of driving a motor vehicle on the public roads and highways of this state that is granted to nonresidents by section 4507.04 of the Revised Code.

(L)(1) Any course of remedial driving instruction the director of public safety approves under this section shall require instruction in one of the following ways:

(a) Entirely in person;

(b) Any combination of in-person and video teleconferencing or internet instruction;

(c) Entirely remote instruction via video teleconferencing or the internet.

(2) The director shall approve a course of remedial instruction that permits students to take the course in any of the ways specified in division (L)(1) of this section, provided the provider of the course is capable of meeting the instructional standards established by the director. In accordance with division (C) of this section, upon receiving an application with a certificate or other proof of completion of a course approved under this division, the registrar shall approve the two-point reduction.

Last updated April 14, 2021 at 7:30 AM

Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 2007–2025 · leading case: In re S.J.K., 867 N.E.2d 408 (Ohio 2007).
Sort: Relevance Newest Treatment
In re S.J.K., 867 N.E.2d 408 (Ohio 2007). “R.C. 4510.037(B). The points may also increase the severity of future penalties, raise insurance rates, or impair the ability to obtain insurance.”
State v. Eason, 2016 Ohio 5516 (Ohio Ct. App. 2016). “11, and (5) driving under a twelve-point suspension, in violation of R.C. 4510.037(J). In Cleveland Heights Municipal Court, appellant pled guilty to having physical control of a vehicle while under the influence, in violation of R.”
State v. Hale, 2023 Ohio 980 (Ohio Ct. App. 2023). · cites it 5× “037(J), which provides that “[a]ny person whose driver’s * * * license * * * [is] suspended as a repeat traffic offender under [R.C. 4510.037] and who, -33- Case No. 10-22-01 during the suspension, operates any motor vehicle upon any public roads and highways is guilty of…”
State v. Andrews, 2017 Ohio 1383 (Ohio Ct. App. 2017). “Three remaining charges were dropped in exchange for his plea, namely driving under a twelve-point suspension, in violation of R.C. 4510.037(J), a marked lanes violation, in violation of R.”
State v. Hollaender, 2014 Ohio 1782 (Ohio Ct. App. 2014). “See R.C. 4510.037(B). R.C. 4511.197(B), however, is a more specific provision addressing limited driving privileges under circumstances where a pending criminal charge exists.”
State v. Adams, 2014 Ohio 4233 (Ohio Ct. App. 2014). “19(A)(1)(a) and (2)(a), driving with a suspended driver's license in violation of R.C. 4510.037, and driving outside of marked lanes in violation of R.”
State v. Unger, 2017 Ohio 5553 (Ohio Ct. App. 2017). “Appellant was also charged with driving under an OVI suspension, which was subsequently amended to a charge of driving under a twelve- point suspension (R.C. 4510.037(J)). {¶7} On June 13, 2016, appellant filed a motion to suppress, alleging that the arresting officer did not…”
State v. Angelo, 2019 Ohio 422 (Ohio Ct. App. 2019). · cites it 3× “11, a minor misdemeanor, one count of Driving Under Twelve Point Suspension, in violation of R.C. §4510.037(J), a misdemeanor of the first degree, and one count of Fictitious Registration, in violation of R.”
State v. Brooks, 2017 Ohio 5518 (Ohio Ct. App. 2017). · cites it 12× “037(E), if a person’s driving record indicates that 12 or more points have been charged against him within a two-year period, “it is prima-facie evidence that the person is a repeat traffic offender,” and the registrar shall suspend the person’s driver’s license pursuant to R.C.…”
State v. Frederick, 2019 Ohio 3532 (Ohio Ct. App. 2019). “As a result of the stop, Frederick was charged with driving under a 12-point suspension in violation of R.C. 4510.037(J) and driving under a Financial Responsibility Act (“FRA”) suspension in violation of R.”
State v. Ward, 2019 Ohio 4148 (Ohio Ct. App. 2019). “{¶33} Ward entered a guilty plea to driving under a 12-point suspension, a first-degree misdemeanor in violation of R.C. 4510.037(J), which is subject to a maximum sentence of 180 days.”
State v. Greer, 2025 Ohio 5775 (Ohio Ct. App. 2025). “TRD2300104A, on December 5, 2023, Greer pled no contest to driving under a 12-point suspension in violation of R.C. 4510.037(J), a misdemeanor of the first degree.”
Show all 14 citing cases →
Ohio Rev. Code § 4510.037(B): 4 cases
In re S.J.K., 867 N.E.2d 408 (Ohio 2007). “R.C. 4510.037(B). The points may also increase the severity of future penalties, raise insurance rates, or impair the ability to obtain insurance.”
State v. Hollaender, 2014 Ohio 1782 (Ohio Ct. App. 2014). “See R.C. 4510.037(B). R.C. 4511.197(B), however, is a more specific provision addressing limited driving privileges under circumstances where a pending criminal charge exists.”
State v. Hale, 2023 Ohio 980 (Ohio Ct. App. 2023). “037(J), which provides that “[a]ny person whose driver’s * * * license * * * [is] suspended as a repeat traffic offender under [R.C. 4510.037] and who, -33- Case No. 10-22-01 during the suspension, operates any motor vehicle upon any public roads and highways is guilty of…”
State v. Brooks, 2017 Ohio 5518 (Ohio Ct. App. 2017). “037(E), if a person’s driving record indicates that 12 or more points have been charged against him within a two-year period, “it is prima-facie evidence that the person is a repeat traffic offender,” and the registrar shall suspend the person’s driver’s license pursuant to R.C.…”
Ohio Rev. Code § 4510.037(E): 1 case
State v. Brooks, 2017 Ohio 5518 (Ohio Ct. App. 2017). “037(E), if a person’s driving record indicates that 12 or more points have been charged against him within a two-year period, “it is prima-facie evidence that the person is a repeat traffic offender,” and the registrar shall suspend the person’s driver’s license pursuant to R.C.…”
Ohio Rev. Code § 4510.037(J): 9 cases
State v. Eason, 2016 Ohio 5516 (Ohio Ct. App. 2016). “11, and (5) driving under a twelve-point suspension, in violation of R.C. 4510.037(J). In Cleveland Heights Municipal Court, appellant pled guilty to having physical control of a vehicle while under the influence, in violation of R.”
State v. Andrews, 2017 Ohio 1383 (Ohio Ct. App. 2017). “Three remaining charges were dropped in exchange for his plea, namely driving under a twelve-point suspension, in violation of R.C. 4510.037(J), a marked lanes violation, in violation of R.”
State v. Hale, 2023 Ohio 980 (Ohio Ct. App. 2023). “037(J), which provides that “[a]ny person whose driver’s * * * license * * * [is] suspended as a repeat traffic offender under [R.C. 4510.037] and who, -33- Case No. 10-22-01 during the suspension, operates any motor vehicle upon any public roads and highways is guilty of…”
State v. Unger, 2017 Ohio 5553 (Ohio Ct. App. 2017). “Appellant was also charged with driving under an OVI suspension, which was subsequently amended to a charge of driving under a twelve- point suspension (R.C. 4510.037(J)). {¶7} On June 13, 2016, appellant filed a motion to suppress, alleging that the arresting officer did not…”
State v. Angelo, 2019 Ohio 422 (Ohio Ct. App. 2019). “11, a minor misdemeanor, one count of Driving Under Twelve Point Suspension, in violation of R.C. §4510.037(J), a misdemeanor of the first degree, and one count of Fictitious Registration, in violation of R.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.