Cincinnati DUI Attorneys

by joesuhre on September 24, 2009

Welcome.  My name is Joe Suhre.  I am the managing partner of Suhre & Associates, LLC, where we provide our clients with aggressive and thorough DUI legal representation.

In fact, with the help of first-rate associates, I have been named a leading Cincinnati DUI Attorney by Cincy Magazine for the last four years running.

That means one thing – all of the Attorneys at Suhre & Associates are extremely talented at solving the many problems that a DUI arrest brings to our clients.

On this website, I’ve answered many of the common questions that come up about a Cincinnati DUI and the life-changing effect that arrest can have.

Just to the right, you’ll see a search box.  If you have a question, just type it in.  I likely have the answer to your question shown there.

Or, just below that search box you’ll see “Categories” shown – just choose the one you’re interested in.

And remember, if you or a family member has been arrested for DUI in the Greater Cincinnati- and that includes Butler, Warren and Clermont Counties as well – give our office a call at 513.333.0014….24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a former former police officer and former prosecutors to work….for you.

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Can I Withdraw My Guilty Plea

by robhealey on July 30, 2010

The answer is yes.  However, it is not a right and rests firmly within the discredtion of the Court to grant the motion after a hearing.

Crim.R. 32.1 provides that a motion to withdraw a plea of guilty or no contest may be made only before sentence is imposed; but to correct manifest injustice, the court, after sentence, may set aside the judgment of conviction and permit the defendant to withdraw his or her plea.

“Crim.R. 32.1 does not prescribe a time limitation on filing a motion, but an undue delay between the occurrence of the alleged cause for withdrawal of a guilty plea and the filing of a motion under Crim.R. 32.1 is a factor adversely affecting the credibility of the movant and militating against the granting of the motion.” State v. McMahon, 2010-Ohio-2055, CA2009-06-008 (OHCA12).

“[A] presentence motion to withdraw a guilty plea should be freely and liberally granted. Nevertheless, it must be recognized that a defendant does not have an absolute right to withdraw a plea prior to sentencing. Therefore, the trial court must conduct a hearing to determine whether there is a reasonable and legitimate basis for the withdrawal of the plea.” State v. Xie (1992), 62 Ohio.St.3d 521, 527.

“Some of the factors that are weighed in considering the trial court’s decision on a presentence motion to withdraw a plea are as follows: (1) whether the state will be prejudiced by withdrawal; (2) the representation afforded to the defendant by counsel; (3) the extent of the Crim.R. 11 plea hearing; (4) the extent of the hearing on the motion to withdraw; (5) whether the trial court gave full and fair consideration to the motion; (6) whether the timing of the motion was reasonable; (7) the reasons for the motion; (8) whether the defendant understood the nature of the charges and potential sentences; and (9) whether the accused was perhaps not guilty or had a complete defense to the charge.” State v. Griffin (2001), 141 Ohio.App.3d 551, 554.

The Court in Griffin granted the defendant’s motion where they found that: a) the prejudice to the state was not articulated and will not be presumed; b) a timely motion to withdraw was filed two weeks after defendant pled guilty and more than a month before the scheduled sentencing hearing; c) defendant’s motion stated that he is not guilty and sets forth the reasons for plea withdrawal; d) defendant alleged that his attorney failed to properly investigate the case in that he failed to interview the eyewitness; e) defendant claimed that he felt pressured to plead by his attorney, f) defendant claimed self-defense; g)          defendant told the court that he felt pressure from his attorney to plead guilty.

Time is always important in legal matters and could be critically short in your case acting as a complete bar to your objectives.  Contact us immediately if you have a question about your case.

And remember, if you or a family member has been arrested for DUI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties - call me, ROBERT HEALEY, or one of my associates at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and TWO FORMER PROSECUTORS to work….for you!

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Knowledge Of The Law Vs What Can Be Done

by robhealey on July 23, 2010

This week’s blog post revolves around the concept of knowledge vs. what can be done in Court.  Everyone wants to know if their lawyer knows the law.

That is typically a low threshold of proof to a client that is not a lawyer.  However, it is also important that your lawyer be able to tell you what can or will be done with your case despite the law.

Part of your lawyer’s job should be to keep you informed with your case as it progresses.  Another and more valuable skill is to be able to accurately predict what can and will happen the next time you go to court. 

Ethically, a lawyer cannot guarantee an outcome in a criminal case.  However, your lawyer should be familiar enough with the law, court, prosecutor, police, etc., to give you enough information to satisfy your fears of the unknown. 

“The only thing we have to fear is fear itself.” -Franklin Delano Roosevelt, 32 president of the United States.  A great lawyer will make you feel this way before, during, and after the representation.

And remember, if you or a family member has been arrested for DUI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties - call me, ROBERT HEALEY, or one of my associates at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and TWO FORMER PROSECUTORS to work….for you!

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Risks Of Talking To A Judge At Sentencing

by robhealey on July 19, 2010

One of the rights that you give up upon entering a plea is the right to remain silent.  You should be aware that what you say can still cause the Judge to increase your sentence.

Most Judge’s will ask a defendant if they want to say anything.  Other Judge’s will start asking you questions whether you want to answer them or not.

A defendant will rarely better their situation by speaking to the Judge before sentencing.  I recommend that a defendant tell the Judge that they have no comment about their actions.

The practical reality is that most Judge’s will accept that and not push the issue.  The risk of speaking will most often outweigh any benefit of trying to explain your actions to a Judge.

And remember, if you or a family member has been arrested for DUI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties - call me, ROBERT HEALEY, or one of my associates at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and TWO FORMER PROSECUTORS to work….for you!

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Can Drinking Alcohol Make You Fat?

by robhealey on July 9, 2010

Fear of a DUI should be enough motivation to refrain from drinking and driving.  However, for those that need additional motivation to refrain from drinking to excess, please note the following excerpt from an article written by Sally Squires in 2005 and published in the Washington Post.

Squires claims that alcohol packs seven calories per gram, falling just short of the nine calories found in a gram of fat and nearly twice that in a gram of protein or carbohydrate. The addition of fat-filled or sugary mixers can cause the calories to peak at over 500 per drink.

Here are some sample calorie counts from drinks listed in her article: Beer 150, Light beer 110, Dark beer 168, Distilled spirits (Scotch, vodka, bourbon, gin etc.) 100, Red wine*** 105, White wine*** 100, Amaretto sour** (Sweet and sour mix, almond amaretto liqueur, tequila, orange juice)  421, B-52** (Kahlua coffee liqueur, amaretto almond liqueur, Bailey’s Irish Cream) 191, Bloody Mary** (Vodka, tomato juice, lemon juice, Worcestershire sauce, Tabasco sauce, lime)  120, Chocolate martini** (Vodka, Creme de Cacao)  188, Cosmopolitan** (Vodka, Triple Sec, Rose’s lime juice, cranberry juice)  131, Daiquiri** (Light rum, limes, powdered sugar) 137, Gin and tonic** (Gin, tonic water, lime)  189, Hurricane** (Dark rum, light rum, orange juice, pineapple juice, Grenadine, 151 proof rum, cherries, pineapple and sugar 384, Irish coffee** (Irish whiskey, coffee, sugar, whipped cream) 159, Mai Tai** (Dark rum, light rum, sweet and sour mix, grandaine, 151 proof rum, ice)  306, Manhattan** (Whiskey, Vermouth, Bitters) 132, Margarita** (Coarse salt, lime, white Tequila, Triple Sec, lime juice, crushed ice)  327, Martini** (Gin, dry Vermouth)  119, Mudslide** (Vodka, coffee liqueur, Irish cream, vanilla ice cream)  820, Pina colada** (Malibu run, pineapple juice, cream 312, Rum and coke****) 361.

**SOURCE: 2005 U.S. Dietary Guidelines Advisory Committee, * Caloric content will vary by recipe, **Drinkmixer Web Site, drinksmixer.com, ***Calorie King, calorieking.com, ****Recipe provided by webtender.com as “typical rum and Coke recipe.” Serving size is based on the recipe and calorie information was calculated with Coca-Cola calorie information and rum.

Now, for the calorie conscious it would seem that distilled spirits in shot form or mixed with low calorie mixers (like diet soda), or a glass of wine are the top choices.  In the alternative, Distilled spirits with high calorie mixers like the Mudslide can tip the scales at over 800 calories.

Assume the following simple model.  A non-drinker is burning all the calories she consumes.  Her weight should stay constant.  If that same non-drinker starts to drink alcohol and fails to increase the calories she burns the result is excess calories. 

Excess calories can cause weight gain.  It is common knowledge that it takes an additional 3500 unburned calories to gain a pound of fat. 

Assume that if a person consumes 4 drinks a day and each drink is between 100-800 calories.  That can range from 400-3200 additional calories per day or 2800-22400 per week. 

This means that a person that drinks four 100 calorie drinks every day would gain 1 pound every 1.25 weeks.  At the other end of the spectrum, the person that can drink four mudslides per day can gain about 6.4 pounds every week.

Although each person is different, these are linear equations.  So in theory, that means a person consuming 8 drinks per day will experience double the calorie intake and double the weight gain in our theoretical model.  That is an excess fat gain of 2 pounds per 1.25 weeks up to 12.8 pounds per week!

If the words think before you drink did not mean anything to your before, this article will give you some more food for thought.

And remember, if you or a family member has been arrested for DUI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties - call me, ROBERT HEALEY, or one of my associates at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and TWO FORMER PROSECUTORS to work….for you!

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The Once And Future Felony DUI!

July 6, 2010

A  felony DUI is charged when the offense is a fourth or more in six years or a sixth offense in the last twenty.  This is a felony of the fourth degree.
Among all the other serious penalties that go along with a felony DUI, the most serious is that all future DUIs will be a felony [...]

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What Happens To My Rights If I Enter A Guilty Plea?

July 2, 2010

Crim.R. 11 requires that a trial court advise a defendant of all of her rights in felony cases prior to accepting a guilty or no contest plea to ensure that the plea is entered into knowingly, intelligently and voluntarily.  However, most trial courts have adopted the felony standard even for serious and petty misdemeanors. 
The Court [...]

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What Is A Drug Of Abuse DUI?

June 28, 2010

The law in Ohio prohibits driving under the influence of alcohol, drugs of abuse, and a combination of the two.  Drugs of abuse DUI charges are less common than alcohol and are more likely to happen to someone who did not know they were violating the law.
 Ohio Revised Code (ORC) 3719.011 defines controlled substances as [...]

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Under The Influence Means…

June 25, 2010

The Ohio Jury Instructions give us the definition that a jury would hear in a DUI case.  It also defines what a DUI is.  The following is an excerpt from the Ohio Jury Instructions:
The defendant is charged with operating a (vehicle) (streetcar) (trackless trolley) while under (the influence of alcohol) (the influence of a drug [...]

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Does It Matter Where I Treat After My Drug And Alcohol Assessment?

June 23, 2010

The answer is no.  But first, I want to tell you a little about the assessment and its role in a DUI case.
 An assessment for drugs and alcohol will be completed by a physician, or person licensed to evaluate your risk for alcohol and drug addiction.  The assessment will also relate the potential risk to [...]

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Is It Necessary To Appear At The Arraignment?

June 14, 2010

There are several good reasons to appear at the arraignment, or first appearance.  You can make objections to the ticket and suspension, address the release of an impounded car, and obtain any evidence that might be in the file.
 Your attorney should be able to tell you when it is necessary to appear.  There are also [...]

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