To make a good lawyer you will need many ingredients to be successful.  Add three parts salesmanship, one part bill collector, two parts efficiency, one part accountant, one part savvy businessman, one part knowledge of the law, one part confidence, one part shrewd negotiator, and one part aggressiveness in defense of your clients.

This mixture is often a gross overgeneralization of what it takes to be in private practice.  None of which are taught in Law School.

I would venture that most good lawyers are a mix of the above.  You will run into problems when you lack one of the skills above completely.

Ask your lawyer how he manages his time.  This will be a direct result of how much time he will have for you when you call his office.

I understand that most clients want to talk to their lawyer every time they call his office.  However, as a client you should understand that he has many clients, all of which require his time. 

Don’t lose your patience when it takes him a day to get back to you.  He could have been in court all day or if he is really luck on vacation.

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!

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!

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!

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 even if the person maintains a prolonged period of sobriety.

“An offender who previously has been convicted of or pleaded guilty to a violation of division (A) of this section that was a felony, regardless of when the violation and the conviction or guilty plea occurred, is guilty of a felony of the third degree.” 4511.19(G)(1)(e)

This is all the more reason not to enter an unevaluated plea in your DUI case.  You need a lawyer that limits his practice to DUI defense that can complete a through examination of your case and avoid any conviction for DUI if possible.

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!

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 used in the ORC.  These definitions are as follows:

 “Drug of abuse” means any controlled substance as defined in section 3719.01 of the Revised Code, any harmful intoxicant as defined in section 2925.01 of the Revised Code, and any dangerous drug as defined in section 4729.01 of the Revised Code.

You can see the potential for confusion when the definition itself refers to three other code sections and lists three new terms: controlled substance, harmful intoxicant, and dangerous drug.  We will look at each in turn.

 CONTROLLED SUBSTANCES

ORC 3719.01 defines controlled substance in section C as a drug, compound, mixture, preparation, or substance included in schedule I, II, III, IV, or V.  Section BB tells us that schedule I-V are established in ORC  section 3719.41, as amended pursuant to section 3719.43 or 3719.44 of the Revised Code.

Section 3719.41 if fully reprinted here would need 34 pages.  In summary it includes the following: SCHEDULE I examples include but are not limited to: Heroin, LSD, Marihuana, Mescaline, Peyote, Hashish, and Salvia divinorum. 

SCHEDULE II examples include but are not limited to: Opium, Codeine, Hydrocodone, Morphine, Oxycodone, Fentanyl, Methadone, Amphetamine, Methamphetamine, and PCP.  SCHEDULE III examples include but are not limited to: Ketamine, Lysergic acid, Anabolic steroids, and Testosterone.

SCHEDULE IV examples include but are not limited to: Alprazolam, Barbital, Clonazepam, Diazepam, Lorazepam, Nitrazepam, Nordiazepam, Phenobarbital, and Phentermine.  SCHEDULE V examples include but are not limited to: Ephedrine, except as provided in division (K) of section 3719.44 of the Revised Code, and various other drugs in compound form.

 HARMFUL INTOXICANTS

Next we can look at ORC 2925.01 where it defines harmful intoxicants. Harmful intoxicant does not include beer or intoxicating liquor but means any of the following:

Any compound, mixture, preparation, or substance the gas, fumes, or vapor of which when inhaled can induce intoxication, excitement, giddiness, irrational behavior, depression, stupefaction, paralysis, unconsciousness, asphyxiation, or other harmful physiological effects, and includes, but is not limited to, any of the following:

Any volatile organic solvent, plastic cement, model cement, fingernail polish remover, lacquer thinner, cleaning fluid, gasoline, or other preparation containing a volatile organic solvent; any aerosol propellant; any fluorocarbon refrigerant; any anesthetic gas, Gamma Butyrolactone; 1,4 Butanediol.

 DANGEROUS DRUGS

Finally, the last drug of abuse category is dangerous drugs as defined in section 4729.01 of the ORC.  This says that a dangerous drug is any of the following:

Drugs listed in the Federal Food, Drug, and Cosmetic Act that is required to bear a label containing the legend “Caution: Federal law prohibits dispensing without prescription” or “Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian” or any similar restrictive statement, or the drug may be dispensed only upon a prescription;

Drugs may be dispensed only upon a prescription, any drug that contains a schedule V controlled substance and that is exempt from Chapter 3719 of the Revised Code, or to which that chapter does not apply; any drug intended for administration by injection into the human body other than through a natural orifice of the human body.

The term drug of abuse can include a broad spectrum of substances.  Not all of them are readily identifiable as something that can subject you to a DUI. 

Everyone knows if you do 20 lines of coke and drive that you can get a DUI.  Less well know is that prescription medication, even if taken as directed, can expose you to a DUI. 

And lastly, and most surprisingly, is that exposure to fumes or vapor from cleaning fluids, even if it happens in the course and scope of your employment, can cause you to become impaired and have exposure to a DUI.

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!

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 of abuse) (the combined influence of alcohol and a drug of abuse). Before you can find the defendant guilty, you must find beyond a reasonable doubt that on or about the ___________________ day of ___________________, ___________________, and in ___________________ County (other jurisdiction), Ohio, the defendant operated a (vehicle) (streetcar) (trackless trolley) while under (the influence of alcohol) (the influence of [specify drug of abuse]) (the combined influence of alcohol and [specify drug of abuse]).

The term “operate” means to cause or have caused movement of a (vehicle) (streetcar) (trackless trolley).

The classification of a particular substance as a drug of abuse is a question of law. The identity of a particular substance, whether or not the defendant had ingested that substance and its affect, if any, upon him are questions of fact. For the definition of “drug of abuse” see R.C. 2925.01(B), 3719.01, 3719.011(A), 3719.41 and 4729.01(E).

“Under the influence” means that the defendant consumed some (alcohol) (drug of abuse) (combination of alcohol and a drug of abuse), whether mild or potent, in such a quantity, whether small or great, that it adversely affected and noticeably impaired the defendant’s actions, reaction, or mental processes under the circumstances then existing and deprived the defendant of that clearness of intellect and control of himself/herself which he/she would otherwise have possessed. The question is not how much (alcohol) (drug of abuse) (alcohol and a drug of abuse) would affect an ordinary person.

The question is what effect did any (alcohol) (drug of abuse) (alcohol and a drug of abuse), consumed by the defendant, have on him/her at the time and place involved. If the consumption of (alcohol) (drug of abuse) (alcohol and a drug of abuse) so affected the nervous system, brain, or muscles of the defendant so as to impair, to a noticeable degree, his/her ability to operate the vehicle, then the defendant was under the influence.

The Ohio jury Instruction cites language from State v. Hardy (1971), 28 Ohio St.2d 89, 57 O.O.2d 284, 276 N.E.2d 247; and State v. Steele (1952), 95 Ohio App. 107, 52 O.O. 488, 117 N.E.2d 617.

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!

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 an appropriate level of treatment to minimize a relapse related to drug and alcohol abuse.

 Your lawyer may decide to refer you for a drug and alcohol assessment when you are charged with a DUI.  This is often done when the client has a prior DUI conviction, a high-tier test, or is under age.

 It is important that you get the assessment.  Your lawyer will give you advice on where to find providers that can give you an assessment in your area.

 It is important that you ask the person giving the assessment to copy it to your lawyer.  The assessment can be used in negotiations or mitigation if favorable, but there is no obligation to disclose it if it is not helpful.

 If the assessment recommends further treatment, your lawyer will ask that you comply.  That brings us to the topic of this blog.

 It does not matter where you receive the recommended treatment.  What matters is that you comply with the recommendation.

 A recommendation can range from no care needed, 1-2 times a week for several weeks of outpatient meetings with a licensed counselor, 2-3 times a week for several weeks of intensive outpatient care, 30-60 days of inpatient treatment and counseling, to the extreme of late state addiction where you need to check yourself into a detox program for up to a week in a hospital under the care of a physician to be weaned off the substances you are using with medication so that your body will not go into organ failure during withdraw.

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!

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 reasons not to appear. 

 If your attorney reviewed the ticket and administrative suspension prior to court he can tell you if there are any defects in the documents.  Police do not impound all vehicles especially on a first offense.

 You may not want to appear if you will lose your job.  Your lawyer can evaluate the facts and documents particular to your case in advance of your first court appearance.

 There is a good chance that no compelling reason to appear exists.  In that case, your attorney can file a written plea of not guilty and reset the next hearing on a date as convenient as possible for you.

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!

My client’s are often confused about what it means to have one drink.  They are really confused when that one or two drinks causes them to test over the prohibited level in Ohio of 0.08 grams of alcohol per 210 liters of breath.

The CDC publishes an online FAQ about alcohol on their website, http://www.cdc.gov/alcohol/faqs.htm#4.   The following is an excerpt from that page:

What is a standard drink in the United States?  A standard drink is equal to 13.7 grams (0.6 ounces) of pure alcohol or:

12-ounces of beer.
8-ounces of malt liquor.
5-ounces of wine.
1.5-ounces or a “shot” of 80-proof distilled spirits or liquor (e.g., gin, rum, vodka, or whiskey).

A $14 “Top-shelf Deluxe” style margarita from your favorite happy hour chain will sometimes have 3 ounces of tequila (80-proof) in a Jumbo frozen martini-type glass.  This can also include lime juice and 3 ounces of orange liqueur like Triple Sec (60-proof), Curacao (80-proof), Cointreau (80-proof), or Grand Marnier (80-proof).

That is four standard “drinks.”  A 120 pound person consuming four drinks in two hours will have a blood alcohol concentration or BAC right about 0.08, the prohibited concentration of alcohol in Ohio.  A 180 pound person consuming one and a half of these deluxe drinks over two hours will have the same result.

Estimating your blood alcohol content is difficult, especially when you are confusing what it means to have one drink.  It is better to get a ride when drinking than guess about the legality of the alcohol content in your body. 

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 - give our office a call 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!

The police are always out in full force during holidays.  My experience is that if you have to miss your family and work, you might as well make it busy so it goes quicker.

They are not out to get you as much as out to make time fly.  However, there is also a correlation between people having more opportunity to come into contact with alcohol during the holidays.

Remember, the police will not only be working, but looking for something to do.  Make sure if you drink this holiday, do it in moderation and don’t drive.

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 - 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 police officer and two former prosecutors to work….for you!