Ohio Rev. Code » Chapter 4510
Ohio Revised Code

Ohio Rev. Code § 4510.54 (2026)

Motion for modification or termination of suspension

✓ current as of May 2026
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Effective:
April 9, 2025
Latest Legislation:
House Bill 37 - 135th General Assembly
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(A) Except as provided in division (F) of this section, a person whose driver's or commercial driver's license has been suspended for life under a class one suspension or as otherwise provided by law or has been suspended for a period in excess of fifteen years under a class two suspension may file a motion with the sentencing court for modification or termination of the suspension. The person filing the motion shall demonstrate all of the following:

(1)(a) If the person's license was suspended as a result of the person pleading guilty to or being convicted of a felony, at least fifteen years have elapsed since the suspension began or, if the person's license was suspended under division (B)(2)(e) of section 2903.06 of the Revised Code, at least fifteen years have elapsed since the person was released from prison, and, for the past fifteen years, the person has not been found guilty of any of the following:

(i) A felony;

(ii) An offense involving a moving violation under federal law, the law of this state, or the law of any of its political subdivisions;

(iii) A violation of a suspension under this chapter or a substantially equivalent municipal ordinance.

(b) If the person's license was suspended as a result of the person pleading guilty to or being convicted of a misdemeanor, at least five years have elapsed since the suspension began, and, for the past five years, the person has not been found guilty of any of the following:

(i) An offense involving a moving violation under the law of this state, the law of any of its political subdivisions, or federal law;

(ii) A violation of section 2903.06 or 2903.08 of the Revised Code;

(iii) A violation of a suspension under this chapter or a substantially equivalent municipal ordinance.

(2) The person has proof of financial responsibility, a policy of liability insurance in effect that meets the minimum standard set forth in section 4509.51 of the Revised Code, or proof, to the satisfaction of the registrar of motor vehicles, that the person is able to respond in damages in an amount at least equal to the minimum amounts specified in that section.

(3) If the suspension was imposed because the person was under the influence of alcohol, a drug of abuse, or combination of them at the time of the offense or because at the time of the offense the person's whole blood, blood serum or plasma, breath, or urine contained at least the concentration of alcohol specified in division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the Revised Code or at least the concentration of a listed controlled substance or a listed metabolite of a controlled substance specified in division (A)(1)(j) of section 4511.19 of the Revised Code, all of the following apply to the person:

(a) The person successfully completed an alcohol, drug, or alcohol and drug treatment program.

(b) The person has not abused alcohol or other drugs for a period satisfactory to the court.

(c) For the past fifteen years, the person has not been found guilty of any alcohol-related or drug-related offense.

(B) Upon receipt of a motion for modification or termination of the suspension under this section, the court may schedule a hearing on the motion. The court may deny the motion without a hearing but shall not grant the motion without a hearing. If the court denies a motion without a hearing, the court may consider a subsequent motion filed under this section by that person. If a court denies the motion after a hearing, the court shall not consider a subsequent motion for that person. The court shall hear only one motion filed by a person under this section. If scheduled, the hearing shall be conducted in open court within ninety days after the date on which the motion is filed.

(C) The court shall notify the person whose license was suspended and the prosecuting attorney of the date, time, and location of the hearing. Upon receipt of the notice from the court, the prosecuting attorney shall notify the victim or the victim's representative of the date, time, and location of the hearing.

(D) At any hearing under this section, the person who seeks modification or termination of the suspension has the burden to demonstrate, under oath, that the person meets the requirements of division (A) of this section. At the hearing, the court shall afford the offender or the offender's counsel an opportunity to present oral or written information relevant to the motion. The court shall afford a similar opportunity to provide relevant information to the prosecuting attorney and the victim or victim's representative.

Before ruling on the motion, the court shall take into account the person's driving record, the nature of the offense that led to the suspension, and the impact of the offense on any victim. In addition, if the offender is eligible for modification or termination of the suspension under division (A)(1)(a) of this section, the court shall consider whether the person committed any other offense while under suspension and determine whether the offense is relevant to a determination under this section. The court may modify or terminate the suspension subject to any considerations it considers proper if it finds that allowing the person to drive is not likely to present a danger to the public. After the court makes a ruling on a motion filed under this section, the prosecuting attorney shall notify the victim or the victim's representative of the court's ruling.

(E) If a court modifies a person's license suspension under this section and the person subsequently is found guilty of any moving violation or of any substantially equivalent municipal ordinance that carries as a possible penalty the suspension of a person's driver's or commercial driver's license, the court may reimpose the class one or other lifetime suspension, or the class two suspension, whichever is applicable.

(F) This section does not apply to any person whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended for life under a class one suspension imposed under division (B)(3) of section 2903.06 or section 2903.08 of the Revised Code or a class two suspension imposed under division (C) of section 2903.06 or section 2903.11, 2923.02, or 2929.02 of the Revised Code.

(G) As used in this section, "released from prison" means a person's physical release from a jail or prison as defined in section 2929.01 of the Revised Code.

Last updated January 22, 2025 at 1:30 PM

Notes of Decisions
Cited in 14 cases (5 in the last 5 years), 2005–2026 · leading case: State v. Manocchio, 2014 Ohio 785 (Ohio 2014).
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State v. Manocchio, 2014 Ohio 785 (Ohio 2014). · cites it 15× “The appellant, the state of Ohio, advances one proposition of law: “A trial court is without authority to modify a lifetime driver’s license suspension where defendant fails to meet the statutory criteria providing for modification as set forth under R.C. 4510.54.” {¶ 2} At oral…”
State v. Redman, 839 N.E.2d 1001 (Ohio Ct. App. 2005). · cites it 5× “We examine the proper application of R.C. 4510.54 to the facts of the case at bar notwithstanding appellant’s second assignment of error which, as presented, works against his interest.”
State v. Billenstein, 2014 Ohio 255 (Ohio Ct. App. 2014). “are necessary to either protect the public or punish the offender; (2) the sentences would not be disproportionate to the offense 2 We note that while Billenstein was sentenced to a lifetime suspension of his driver’s license, nothing will prevent him from petitioning the trial…”
State v. Manocchio, 2012 Ohio 5720 (Ohio Ct. App. 2012). · cites it 8× “54(A)(1)(a),1 which at the time of the court’s hearing stated that R.C. 4510.54 was subsequently amended effective September 28, 2012.”
State v. Semenchuk, 2014 Ohio 1521 (Ohio Ct. App. 2014). · cites it 12× “He note[d] that in the entire Revised Code, only R.C. 4510.54 addresses “modification” of a license suspension, and that statute does not mention limited driving privileges.”
State v. Hyde, 2020 Ohio 4383 (Ohio Ct. App. 2020). · cites it 22× “” On September 23, 2019, over 30 years after his conviction, Hyde filed a motion to terminate his driver’s license suspension and requested a hearing pursuant to R.C. 4510.54. The state filed a brief in opposition to the motion on October 3, 2019.”
State v. Morris, 2020 Ohio 3147 (Ohio Ct. App. 2020). · cites it 2× “The Court concluded that the grant of limited driving privileges, issued before 15 years have elapsed since the suspension began, is not a “modification or termination of a license suspension in violation of R.C. 4510.54.” Id. at ¶ 21. Manocchio is not applicable to the case at…”
State v. Kimpel, 2020 Ohio 1158 (Ohio Ct. App. 2020). · cites it 11× “{¶ 8} On July 2, 2018, appellant filed a motion to terminate or modify the lifetime suspension of his driver’s license under R.C. 4510.54, a statute that was enacted in 2004 and therefore was not in existence at the time of appellant’s convictions for aggravated vehicular…”
State v. Kincaid, 2021 Ohio 583 (Ohio Ct. App. 2021). · cites it 9× “In some of the entries, the trial court indicated that Kincaid was not eligible for consideration until 15 years after the initial license suspension pursuant to R.C. 4510.54 and that “no motion for privileges may be considered before 9/21/19.”
State v. Redding, 2026 Ohio 128 (Ohio Ct. App. 2026). · cites it 5× “The trial court erred when it granted Redding’s motion to terminate his lifetime driver’s license suspension before waiting the mandatory fifteen-year period established in R.C. 4510.54. 2. The trial court erred when it failed to hold a hearing before granting Redding’s motion…”
Raus v. Ohio Bur. of Motor Vehs., 2011 Ohio 4937 (Ohio Ct. App. 2011). · cites it 7× “08 and R.C. 4510.54, on the other hand, describe how an Ohio driver whose license has been suspended or revoked may obtain driving privileges again.”
State v. Roberts, 2022 Ohio 3772 (Ohio Ct. App. 2022). · cites it 4× “The court explained: [T]he General Assembly has carved out two procedures by which drivers under license suspensions may seek to drive and has given them distinct labels.”
Show all 14 citing cases →
— Ohio Rev. Code § 4510.54(A) — 7 cases
State v. Manocchio, 2014 Ohio 785 (Ohio 2014). “The appellant, the state of Ohio, advances one proposition of law: “A trial court is without authority to modify a lifetime driver’s license suspension where defendant fails to meet the statutory criteria providing for modification as set forth under R.C. 4510.54.” {¶ 2} At oral…”
State v. Manocchio, 2012 Ohio 5720 (Ohio Ct. App. 2012). “54(A)(1)(a),1 which at the time of the court’s hearing stated that R.C. 4510.54 was subsequently amended effective September 28, 2012.”
State v. Semenchuk, 2014 Ohio 1521 (Ohio Ct. App. 2014). “He note[d] that in the entire Revised Code, only R.C. 4510.54 addresses “modification” of a license suspension, and that statute does not mention limited driving privileges.”
State v. Morris, 2020 Ohio 3147 (Ohio Ct. App. 2020). “The Court concluded that the grant of limited driving privileges, issued before 15 years have elapsed since the suspension began, is not a “modification or termination of a license suspension in violation of R.C. 4510.54.” Id. at ¶ 21. Manocchio is not applicable to the case at…”
State v. Hyde, 2020 Ohio 4383 (Ohio Ct. App. 2020). “” On September 23, 2019, over 30 years after his conviction, Hyde filed a motion to terminate his driver’s license suspension and requested a hearing pursuant to R.C. 4510.54. The state filed a brief in opposition to the motion on October 3, 2019.”
— Ohio Rev. Code § 4510.54(A)(1) — 4 cases
State v. Redman, 839 N.E.2d 1001 (Ohio Ct. App. 2005). “We examine the proper application of R.C. 4510.54 to the facts of the case at bar notwithstanding appellant’s second assignment of error which, as presented, works against his interest.”
State v. Semenchuk, 2014 Ohio 1521 (Ohio Ct. App. 2014). “He note[d] that in the entire Revised Code, only R.C. 4510.54 addresses “modification” of a license suspension, and that statute does not mention limited driving privileges.”
State v. Hyde, 2020 Ohio 4383 (Ohio Ct. App. 2020). “” On September 23, 2019, over 30 years after his conviction, Hyde filed a motion to terminate his driver’s license suspension and requested a hearing pursuant to R.C. 4510.54. The state filed a brief in opposition to the motion on October 3, 2019.”
Raus v. Ohio Bur. of Motor Vehs., 2011 Ohio 4937 (Ohio Ct. App. 2011). “08 and R.C. 4510.54, on the other hand, describe how an Ohio driver whose license has been suspended or revoked may obtain driving privileges again.”
— Ohio Rev. Code § 4510.54(A)(1)(a) — 2 cases
State v. Manocchio, 2012 Ohio 5720 (Ohio Ct. App. 2012). “54(A)(1)(a),1 which at the time of the court’s hearing stated that R.C. 4510.54 was subsequently amended effective September 28, 2012.”
State v. Kimpel, 2020 Ohio 1158 (Ohio Ct. App. 2020). “{¶ 8} On July 2, 2018, appellant filed a motion to terminate or modify the lifetime suspension of his driver’s license under R.C. 4510.54, a statute that was enacted in 2004 and therefore was not in existence at the time of appellant’s convictions for aggravated vehicular…”
— Ohio Rev. Code § 4510.54(A)(1)(a)(i) — 1 case
State v. Kimpel, 2020 Ohio 1158 (Ohio Ct. App. 2020). “{¶ 8} On July 2, 2018, appellant filed a motion to terminate or modify the lifetime suspension of his driver’s license under R.C. 4510.54, a statute that was enacted in 2004 and therefore was not in existence at the time of appellant’s convictions for aggravated vehicular…”
— Ohio Rev. Code § 4510.54(A)(2) — 1 case
Raus v. Ohio Bur. of Motor Vehs., 2011 Ohio 4937 (Ohio Ct. App. 2011). “08 and R.C. 4510.54, on the other hand, describe how an Ohio driver whose license has been suspended or revoked may obtain driving privileges again.”
— Ohio Rev. Code § 4510.54(B) — 2 cases
State v. Hyde, 2020 Ohio 4383 (Ohio Ct. App. 2020). “” On September 23, 2019, over 30 years after his conviction, Hyde filed a motion to terminate his driver’s license suspension and requested a hearing pursuant to R.C. 4510.54. The state filed a brief in opposition to the motion on October 3, 2019.”
State v. Redding, 2026 Ohio 128 (Ohio Ct. App. 2026). “The trial court erred when it granted Redding’s motion to terminate his lifetime driver’s license suspension before waiting the mandatory fifteen-year period established in R.C. 4510.54. 2. The trial court erred when it failed to hold a hearing before granting Redding’s motion…”
— Ohio Rev. Code § 4510.54(D) — 2 cases
State v. Hyde, 2020 Ohio 4383 (Ohio Ct. App. 2020). “” On September 23, 2019, over 30 years after his conviction, Hyde filed a motion to terminate his driver’s license suspension and requested a hearing pursuant to R.C. 4510.54. The state filed a brief in opposition to the motion on October 3, 2019.”
State v. Kimpel, 2020 Ohio 1158 (Ohio Ct. App. 2020). “{¶ 8} On July 2, 2018, appellant filed a motion to terminate or modify the lifetime suspension of his driver’s license under R.C. 4510.54, a statute that was enacted in 2004 and therefore was not in existence at the time of appellant’s convictions for aggravated vehicular…”
— Ohio Rev. Code § 4510.54(F) — 1 case
State v. Hyde, 2020 Ohio 4383 (Ohio Ct. App. 2020). “” On September 23, 2019, over 30 years after his conviction, Hyde filed a motion to terminate his driver’s license suspension and requested a hearing pursuant to R.C. 4510.54. The state filed a brief in opposition to the motion on October 3, 2019.”
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