Cincinnati DUI Info » Drivers License Suspension

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!

Receive Notice From The BMV That You Will Be Suspended Because Of An Out Of State DUI?

robhealey — Sat, 05 Feb 2011 20:49:33 +0000

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

The BMV in Ohio will be notified of any out of state DUI convictions you get. You will most likely be suspended in that state.

You will also be suspended in Ohio because of the out of state DUI. You will receive a written notice from the Ohio BMV so it is important to have your current address on file with the BMV.

Once you receive the notice of suspension you will need a lawyer to help explain the best way to file an appeal. The suspension is for six months and just filing the appeal will not stay the suspension.

To avoid the suspension or to request driving privileges for work you will need a lawyer right away. In fact it is advisable to contact a lawyer as soon as you get convicted of the out of state DUI.

You can reach the DUI and criminal defense lawyers at Suhre & Associates, LLC, even on Saturday and Sunday for a consultation. We can help put the best defense and appeal techniques to work for you right away when you call.

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 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!

Want Driving Privileges After Suspension For No Insurance?

robhealey — Wed, 05 Jan 2011 20:10:55 +0000

Have you been charged with a DUI or OVI in Cincinnati Ohio? You will need to show proof of insurance to the police, the court, or the BMV.

If you fail to show the required proof that the vehicle you were alleged to have been driving was covered by a state minimum policy you will be suspended. The BMV is the one that issues the suspension.

The suspension is called FRA non-compliance. This means you failed to show proof of financial responsibility, or more commonly, insurance on the vehicle.

If you are under an FRA suspension you can hire a lawyer for two reasons. One can be to investigate whether the vehicle was actually insured or not. The second is to file for privileges to drive under that FRA suspension.

A first offense in five years is a 90 day suspension and you can get privileges upon proof of financial responsibility. A second offense in five years is a 1 year suspension, but you have to wait 15 days before the court can grant privileges. A third offense in five years is a 2 year suspension and the court cannot grant driving privileges at all!

This is the very serious consequence that comes from ignoring the BMV and the law. It can become impossible for even the best lawyer to untangle a third offense and get you driving again before the end of your suspension. It can be done, but it is almost against all odds.

It is best for you to maintain a current address with the BMV at all times and act on any notices you get from them. If you do not understand it, call a lawyer immediately. Time is of the essence in all legal matters and could be critically short in your case. This can cause you to lose an opportunity to keep driving.

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!

Avoid A DUI This Holiday Season!

robhealey — Fri, 24 Dec 2010 16:56:19 +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.

The holidays are always a time to watch out for drinking too much and driving. You can bet that the police will be extra alert for impaired drivers.

Make sure you protect yourself from being charged with a DUI or OVI over the holidays. Ask a friend to be the designated driver.

The two best ways to avoid a DUI in Cincinnati, OH, is to hire a cab. The other best way is to avoid drinking and driving at all.

Are You Under A DUI Suspension?

robhealey — Fri, 10 Dec 2010 13:00:38 +0000

If you are charged with DUI you might also be suspended even before you will got to court. This is an administrative license suspension or ALS.

Before going to court the first time is the best time to hire a lawyer. Your lawyer can examine your paperwork for errors and make the best objections possible at court in an effort to get that suspension set aside and get you driving again pending the outcome of your case.

The police officer fills out the BMV 2255, the yellow full size paper you were given with along with the ticket. It says Bureau of Motor Vehicles, Report of Law Enforcement Officer, and Administrative License Suspension at the top.

This is an affidavit that the police use to swear that they had reasonable ground to arrest you for DUI, that they read you the advice on the back, and that you were asked to take a chemical test by blood, breath, or urine and the results were a test over the legal limit or a refusal of the test.

You cannot demand one test over the other. The police can ask for more than one type of test. You do have the right to have your own independent test done at your own expense upon release.

A suspension on a first offense test over is 90 days. You can ask for privileges to drive after 15 days.

A suspension on a first offense for a test refusal on a DUI is 1 year. You can request privileges after 30 days for work, school, vocational, and medical needs.

Cincinnati OVI Suspension

robhealey — Wed, 24 Nov 2010 14:08:08 +0000

If you are charged with OVI you might also be suspended. The best you can hope for initially is that you will not be suspended right away.

However, even in the best case, you can be suspended at the initial appearance if the Judge finds your continued driving is a threat to public safety.

You can also be suspended upon conviction. Most likely you will be suspended and have to deal with reinstating you license even if you beat the OVI charge.

This is because a dismissal or finding of not guilty on an OVI charge does not automatically terminate an administrative license suspension.

The best way to reinstate you license to to first show proof of insurance to the BMV. Then you will need to pay the fee of $475.

You will have to pay this for OVI, Physical Control, a municipal OVI ordinance, or public safety suspension. If you charge is reduced upon a plea to reckless operation the fee to get your license back is only about $40!

The reduction in fee is not the best reason to resolve a DUI or OVI case. Being found not guilty is. I encourage you to hire a lawyer that limits his practice to OVI defense as soon as possible.

And remember, if you or a family member has been arrested for 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!

OVI Administrative License Suspension

robhealey — Mon, 13 Sep 2010 20:20:58 +0000

When you are pulled over for OVI you will most likely lose your license. The Officer will also most likely give you an administrative license suspension or ALS.

This will be a 90 days suspension on a first offense if you test over the limit. If you refuse the test it is one year.

You can ask the court for driving privileges after 15 days on a test over. If you refuse you have to wait 30 days before asking for privileges.

However, your lawyer will want to see the ALS form BMV 2255 that the Officer gives you. He or she will want to see if there are grounds for an appeal.

O.R.C. 4511.197 gives us the statutory grounds for appeal of the ALS. They are: 1.) no reasonable grounds for arrest for OVI, 2.) failure to read the advice on the back of the form, 3.) no test over the limit, and 4.) no valid refusal.

If your lawyer can see these or some other common defects on the ALS he can object at the initial appearance or arraignment. This can result in a stay or termination of the suspension.

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!

Stiff Penalties For A First DUI In Ohio

robhealey — Fri, 11 Jun 2010 20:46:45 +0000

A first offense DUI in Ohio has the following penalties:

ALS (Administative License Suspension) for test refusal = one year license suspension. ALS for a prohibited BAC (Blood Alcohol Content) = 90 day license suspension.

Jail – Minimum of three consecutive days or 3-day driver intervention program. Fine – Minimum $375 and not more than $1,075.

Court License Suspension – 6 months to 3 years, ignition interlock device may be ordered by the Court. Up to 5 years on probation.

If there was a high tier BAC result, an additional 3 days in jail and restricted license plates. These are very serious penalties.

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!

I Have Done Everything The Court Said, What Now?

robhealey — Mon, 24 May 2010 19:59:12 +0000

The Court maintains jurisdiction over you with a period of probation. This means they can impose any jail time or fines that were initially suspended for a violation of the terms and conditions of your sentence or probation.

You can hire an attorney to mitigate your sentence if you pay the fines and costs, go to the intervention program, and stay out of trouble for a period of time. This has a good chance of success if done six months after sentencing on a first offense.

Probation is the way the Court makes sure you comply with the sentence. If you have done everything it shows the Court that you do not need further looking after.

Granting a motion for mitigation is discretionary. However, if granted, it means that you are no longer under the authority of the Court.

This should be a reward for good behavior for someone who can show the Court they will not get in trouble again. It will also have the added bonus of removing you from any risk of suspended jail time or fines that that can be imposed if you get in trouble again.

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!

Can I Get Privileges? Part 4

robhealey — Fri, 16 Apr 2010 19:48:13 +0000

The law in Ohio provides for limited driving privileges when you are under a suspension for a DUI. You are eligible for privileges after any hard suspension time.

Once eligible, you can get privileges for the following reasons: Occupational, Educational, Medical, and Vocational.

Part 4 of this blog series is devoted to clients who ask about whether they can get privileges for vocational reasons. Privileges are given at the discretion of the Judge and there is no right to them.

Privileges for vocational reasons will be granted on a case by case basis. First though, we need to analyze what they are since this is a grey area in most Judges’ minds.

Black’s Law dictionary defines “vocation” as a person’s calling, business, occupation, or profession. This does not give much guidance since we already know we can get privileges for occupational reasons.

Merriam Webster’s online dictionary defines “vocational” as training in a skill or trade to be pursued as a career. They define “vocation” as a divine call to the religious life, the work in which a person is employed, or a particular occupation.

This still does not help us fully understand what vocational privileges are more than something between a job, training for a job, and a calling wherein the person devotes time to something that does not necessarily result in income.

My common advice to people is that it can be used for things that you do other than your job that is a benefit to the community. Say for instance, volunteering at your local hospital, coaching, job training, etc.

As with all privileges, they are discretionary. The more a Judge finds the idea a benefit to other people, the more likely that they will be granted. Understand that the more you stray from the common privileges for your job, school, and medical necessity, the less likely they are to be granted.

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!