Q: Can I sue my attorney for malpractice for not filing proper papers on ovi case?
I paid a attorney to handle a ovi case in ohio. And we went to court and the ovi case was knocked down to a M1 physical control. But when I asked the attorney to file papers to have the administrative suspension lifted from the license I keep getting a run around. The attorney either doesn't answer my calls or return my calls. And when I do hear from someone they tell me they are waiting on city solicitor office. And when I go to city solicitor office they don't tell me anything because I have a attorney. Is there anything I can do
A: The ALS suspension should have been terminated by the judge when the court sentenced you on the physical control violation. When a judge sentences an offender on an OVI or physical control violation, he or she is required to impose a court ordered suspension as a result of the conviction. The ALS, now redundant, is terminated and the defendant is typically credited with the time served under the ALS against the court ordered suspension. You should check with the clerk of courts to see if that happened.
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