Cincinnati DUI Info » General DUI Q & A

Cincinnati DUI Field Sobriety Tests

robhealey — Fri, 06 May 2011 19:42:48 +0000

Suhre and Associates, LLC sent four of its lawyers to get certified to administer standardized field sobriety tests last weekend. All four lawyers graduated from the 3 day program and were certified.

Our lawyers now have the same training that the police have as it relates to detection and apprehension of DUI offenders. This will make our lawyers better able to evaluate your case and cross examine the police officers in your case.

If you or someone you know is charged with a DUI or OVI near Dayton or Cincinnati, contact us immediately.

Be safe and remember, if you or a family member has been arrested for DUI or OVI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties – call me, ROBERT HEALEY, or one of my qualified 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 a FORMER PROSECUTOR to work….for you!

How Long Does It Take To Get Evidence In A DUI Case?

robhealey — Mon, 04 Apr 2011 20:01:33 +0000

My name is Robert Healey and I am a lawyer that limits his practice to OVI defense in southwest Ohio. This blog is written by me to help potential clients in the Cincinnati area that have been charged with an OVI.

People always ask me why it takes so long to get the evidence in a DUI or OVI case. The simple answer is that a lawyer or defendant cannot always just go get it. It is evidence of a crime and not subject to public record.

This means that your lawyer will have to file a motion to get a copy. The police that send the evidence to the prosecutor’s office are not defense lawyers and do not always send everything.

Prosecutors do not always request everything from the police right away to save some work because they have a very high workload and don’t want to waste time getting things that will not be contested.

The first pretrial appearance is a good chance for your lawyer to get what the prosecutor has. He will also evaluate what is missing.

The first appearance on your DUI will most likely result in driving privileges if this is a first offense. If you have priors in 6 years you will have to wait until a hearing on the appeal of the pretrial BMV suspension called an ALS, or until the hard time of the suspension has run. “Hard time” means the court cannot let you drive yet.

The missing evidence can usually be produced without much difficulty at one or two additional pretrial appearances. This is depending on the complexity of the evidence being asked for, compare a refusal with no video to a case with multiple officers, an accident, and a blood test with hospital records and coroner’s lab records.

The former might be completely available at the first court appearance, the latter might take over 80 days to get. If the defense lawyer knows the matter

Be safe and remember, if you or a family member has been arrested for DUI or OVI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties; or, in the cities of: Cincinnati, Hamilton, Lebanon, South Lebanon, Mason, or Fairfield, – call me, ROBERT HEALEY, or one of my qualified associates at 513.333.0014. We are available 24-hours a day, 7 days a week. IT is very important that you call right away because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work… for you!

First Appearance

robhealey — Mon, 07 Mar 2011 17:21:26 +0000

You first appearance in a DUI case is called the arraignment in Cincinnati, Ohio. This is where you will enter a plea of guilty, no contest, or not guilty.

The rules also require that you or your DUI lawyer make any objections that are appropriate. Lastly your DUI lawyer can ask that certain relief be granted like: a motion for release of a vehicle, or a motion to stay or terminate an administrative license suspension. This is why it is the best to hire a DUI / OVI lawyer right away as soon as you are charged.

You also have the right at arraignment to have the charges against you read in open court. This is most often waived when you have a lawyer.

If you have been locked up, your lawyer can address the issue of bond with the court. This can be anywhere in the range from own recognizance to $100,000 strait case depending on the severity of the facts alleged against you.

Most notably about arraignment is that time starts ticking for the deadlines to request evidence, file motions, and to appeal the administrative license suspension.

Time is always important in legal matters. It is very important that you hire a lawyer to defend you DUI cases as soon as possible.

As soon as you retain a lawyer, he can start to review your paperwork. This means that he might be able to waive your present at the arraignment and reset the case for a pretrial when you are eligible to request that the court grant you limited driving privileges.

And remember, if you or a family member has been arrested for DUI in the Cincinnati Area – including: Hamilton, Butler, Warren, and Clermont Counties – call me, ROBERT HEALEY, or one of my qualified 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 a FORMER PROSECUTOR to work….for you!

Charged With DUI And The Police Didn’t See You Drive?

robhealey — Tue, 18 Jan 2011 13:35:34 +0000

Charged with a DUI in Cincinnati, Ohio? You’re wondering how the police were able to charge you if they did not see you drive?

It does not matter. One of the top elements a prosecutor has to prove in an OVI case is operation.

Operation in a DUI case is best proven when they can show that you moved a vehicle. This is normally when the police see you drive and pull you over.

They can also prove that you have caused movement of the vehicle. This means that even if you are later found at a singe car accident it is enough if they can establish that you were the driver.

“Have caused movement” has also been established when a vehicle is stuck in mud or snow. The best the prosecutor can do in this DUI case is to show some evidence that an attempt was made to free the vehicle and it moved a few inches.

Just because the police did not see you drive is not always enough to avoid being charged with a DUI. However, we must remember that to be convicted at trial the standard is proof beyond a resonable doubt on all the elements of a DUI / OVI in Cincinnati, Ohio.

Think You Can Talk Your Way Out Of An OVI?

robhealey — Mon, 10 Jan 2011 19:58:52 +0000

Most of my clients think that they can. All of them were charged anyway with a DUI.

The best thing to say to the police is that you are not making any admissions. It is the best thing to say because just about everything thing you say can be used against you.

Most police are very crafty in soliciting admissions from people they think might be driving under the influence of drugs or alcohol. They also use this to get suspects to take the field tests.

There is no crime against refusing to make incriminating statements against or refusing field tests. So why do I see almost every client doing these things?

There is a simple explanation. People think that is they are perceived as cooperative that the police will have pity on them and let them go.

Wrong. Once you admit to drinking, even one beer, and driving you are in the officer’s sights.

Everyone thinks that it is ok to tell the officer they had a few beers. Wrong again. You just admitted an element of the offense, which is consumption of alcohol.

The officer will then attempt to seal the deal by informing you that he just wants to make sure you are ok to drive by having you do a few tests. Well what are you going to say, No!, I am drunk arrest me! Of course you take the tests.

And you think that you did ok. You didn’t. The officer will say that he thinks that you had more than just a few and that he has to arrest you for DUI.

You will be taken to the station and asked for a breath test most likely. No your defenses go up.

What you should know is that it is not unlawful for the police to lie to you. Heck, they can even tell you half of the truth to get you to make admissions and do the tests.

Now I see most people at the station confronted with the option of a test over the limit and a 90 day suspension or a refusal and a 1 year suspension say well 90 days is less so what can the test hurt? Well everything.

The test, if admissible at trial, presumes that you are under the influence if you test over the limit. Even if you drive fine, walk fine, and talk fine! I have even had a Judge tell me after a motion to suppress that she would find my client not guilty at trial based on his appearance on the video doing field tests, but because of the test result of 0.169 she would have to find him guilty.

This is the lesson. There are no admissions that can’t hurt you. You can’t talk your way out of a DUI. All you can do is talk yourself into a conviction. The police do not have to tell you the truth, and can outright lie to you.

Be careful when speaking to the police and deciding to take tests. More than likely, they will make defending your case more difficult.

Best DUI Defenses

robhealey — Fri, 31 Dec 2010 19:37:44 +0000

The best way to fight a DUI case is three ways. I am always looking to take evidence away from the prosecutor.

No evidence means the state has no case. The other way is to mitigate the offense.

If we can’t beat it we negotiate it. Sometimes we can ask for a reduction to something other than DUI/OVI.

If we can’t win or have it amended to something other than a DUI or OVI we might eventually be found guilty.

I always tell my clients to get an alcohol assessment right away. Then I tell them to follow up with any treatment and go to AA meetings. These are things that can help mitigate your situation. Sometimes it can even convince a reluctant prosecutor to reconsider giving you a reduction from the DUI to another offense that was not being considered before you got treatment.

Cincinnati OVI Judges

robhealey — Tue, 09 Nov 2010 00:42:07 +0000

This Blog is authored by Robert Healey, a lawyer that limits his practice to DUI & OVI defense in southwest Ohio. He is an associate at Suhre & Associates, LLC, and currently manages the DUI & OVI Office in Dayton, Ohio, where he attended law school.

If you are charged with a DUI or OVI in Hamilton County Ohio you will most likely appear in front of a Magistrate at Arraignment. Arraignment is the first appearance.

There are currently five magistrates in Hamilton County Municipal Court located in Cincinnati, Ohio. If you enter aplea of Not Guilty at Arraignment you will be assigned a Judge.

There are fourteen Municipal Court Judges in Hamilton County Municipal Court that hear OVI or DUI cases. Each one has a unique way they handle DUI and OVI cases.

You will need an experienced lawyer that is able to inform you about how to handle your specific case. This can vary on which Judge you get.

And remember, if you or a family member has been arrested for DUI or OVI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties – call ROBERT HEALEY at Suhre & Associates, or one of my qualified 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 a FORMER PROSECUTOR to work….for you!

OVI Risks When Alcohol Mixed With Stimulant Energy Drinks

robhealey — Tue, 26 Oct 2010 21:14:10 +0000

There is media buzz about energy drinks mixed with alcohol lately. However the companies making the drinks defend their products by saying the concept of mixing alcohol and caffeine is not new., and the FDA has not banned them.

Rum and coke, irish coffee are only two historical examples of this traditional practice. The concern is that when abused in large quantities the stimulants can cause one to have a false sense of alertness.

Another argument among people against this practice is that the addition of excessive stimulants to alcohol will allow you to continue consuming alcohol long past the bodies natural ability to tell you when you have had enough.

It is dangerous to confuse being awake vs. not being under the influence of alcohol. This can happen when excessive stimulant drinks are mixed with alcohol.

This may lead someone to think that since they feel awake they can drive OK. The problem in Ohio with the OVI law is that even if you drive well you can still be at risk for a DUI conviction when your body contains an illegal amount of alcohol, even if you don’t feel it.

, 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 a FORMER PROSECUTOR to work….for you!ClermontAnd remember, if you or a family member has been arrested for DUI in the Cincinnati Area – including: Hamilton, Butler, Warren,

The Jail Is Full For Many Including OVI Offenders!

robhealey — Tue, 05 Oct 2010 19:12:35 +0000

The Sherriff in Hamilton County said that his jail is full. It is so full in fact that he has been forced to release some people early.

In the last 30 days the Sheriff has processed and released over 40 people that have been charged with an OVI.

So far in this year 16,703 have been released early from the Jail. Compare that to the total in 2009 of 21,463 people. In 2008 the total released was less than have that, or 9,220 people.

There are many reasons for the early release, but the main one from the Sheriff is overcrowding. His website lists the following reasons for release: Deferred 72, EARLY RELEASE 328, Non-Support Work Detail 192, Pre-Trial Early Release 832, PROCESS ONLY 15178, Work Detail Program 101.

The Sheriff also describes the release reasons in further detail:

Process Only: Non-sentenced inmate that is entered into our system, fingerprinted, photographed, given his/her arraignment Court Date and released.

Deferred Sentenced: inmate that is given a new date to return to complete his/her sentence.

Early Release: Sentenced inmate that is released prior to the completion of his/her Court ordered sentence.

Pre-Trial Early Release: Non-sentenced inmate that is released without posting bond and given his/her next Court date.

Non-Support Work Detail: Sentenced inmate that is released from the Justice Center to serve his/her sentence on an outside Work Detail.

Work Detail Program: Sentenced by the Judge to the Outside Work Detail.

Whatever the reason, it appears that a good many people in the custody of the Sheriff can look forward to a continuing increase in people released early from the jail. The figures are up in the first three quarters of 2010. If the increase remains constant in the last quarter of 2010, it will result in an additional 888 people released early in 2010 over 2009’s figures.

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 a FORMER PROSECUTOR to work….for you!

Where Is My OVI Lawyer?

robhealey — Tue, 28 Sep 2010 16:57:28 +0000

Don’t worry when your OVI Lawyer is not in Court right when Court starts. Most good lawyers will have a case load that requires them to be in many rooms, cities, counties, or state’s all on the same day.

You lawyer should give you advanced notice about when he will be there. This will prevent undue anxiety for you.

After the first court date I send court reminder letters to all my OVI clients. This will tell them if they need to appear.

I also tell them what I was able to do, what I expect to do next time, and what the next appearance will require. Always ask your OVI Lawyer if you have questions about your case.

Going to court alone should make you nervous. Going to court with an experienced OVI lawyer should be a calm experience.