If you had a DUI, DWI, or OVI in your past the bankruptcy code has something for you. Come on, you couldn’t expect that the political hacks in Washington, DC, could ignore the fattest, slowest moving political target. Drunk drivers are the people every politician loves to hate. They included you in the bankruptcy law. Some things are bad, and other things are good, just like little Easter eggs.
How does bankruptcy law impact the drinking driver? Here are three areas:
- Fines and court costs
- Civil claim for injuries and damages caused by driving drunk
- Ohio BMV Reinstatement Fees
DUI, DWI, OVI Fine and Court Costs
Fines and court costs for DUI, DWI, and OVI are never dischargeable in a chapter 7 bankruptcy case. However, if you file a chapter 13 case, you can include these obligations in your plan. Although they will not be discharged, you can have them paid in full as part of your reorganization plan. The fines and court costs can then be handled in an easy, manageable fashion.
Claims for Injuries and Damages Caused by Driving Drunk
The saddest and biggest reason that drunk driving has the attention of law makers is that the offense usually includes the drunk driving into something or someone, and not having adequate insurance. For some reason the preferred target of my client base is a house. They lose control of the car and the structure just refuses to get out of the way. Rebuilding the side of a house is much more expensive than fixing a car. Here is where bankruptcy law is here to help. Even if you are convicted of DUI, DWI or OVI, liability of property damage can be discharged. Not so for uninsured personal injuries caused by your drinking and driving. Bodily injury claims cannot be discharged.
Discharge your Ohio BMV Reinstatement Fees with Bankruptcy
Ohio has this weird little duck in their driver license law. It is called a reinstatement fee. Essentially it’s a fee to reimburse the BMV and the state for the cost of reinstating your right to drive. It is estimated the actual cost to be around $10. Unfortunately nothing is that cheap or easy in state government especially when they are out of money. The normal reinstatement fee for a DUI, DWI or OVI in Ohio is $485.00, and $35 for a run of the mill driving suspension.
Reinstatement fees are cumulative. That means if you have more than one they add up. They know this is way over the actual cost of reinstatement. So they provided in the law that a chunk of each reinstatement fee is paid to a list of charities that were favored by the law givers. The good news for you is that the Ohio BMV reinstatement fee can be discharged in bankruptcy. This is specifically in the Ohio laws. This can be of great benefit if you have many fees to pay.
If you have DUI, DWI or OVI financial issues bankruptcy can be a valuable tool to help you clean up some of the mess caused by drunk driving.
Other attorneys who are playing the bankruptcy alphabet game:
- Omaha and Lincoln, Nebraska Bankruptcy Attorney, Ryan D. Caldwell says D is for Deconsolidate.
- D is for Debtor
- D is for Discharge
- D is for Disclosures
- D is for Documents
- D is for Domestic Support
- D is for Divorce
- D is for Discharge Order
- San Francisco Bankruptcy Attorney, Jeena Cho says D is for Do’s and Dont’s.
- Livonia Michigan Bankruptcy Attorney, Peter Behrmann also blogs that D is for Do’s and Don’ts.
- Miami Bankruptcy Attorney, Dorota Trzeciecka claims D is for Domicile.