Suhre and Associates has always been dedicated to the best DUI defenses in the Cincinnati area.  We recently had another fantastic result in Fairfield, Ohio.

Our client was charged with his third DUI offense in three years and driving under a DUI suspension.  We were able to get him a minimum sentence.

He only served 60 days in jail.  He was facing a potential 1.5 years in jail and a forfeiture of his car.

Due to our diligent examination of the facts and extensive knowledge of the DUI laws in Ohio, we saved his car from forfeiture.  Suhre and Associates can help you with your DUI or OVI in Cincinnati and Fairfield.

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 the other DUI / OVI attorneys 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!

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!

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!

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 an OVI.

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!

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.

 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.

 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!

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!

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!

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

A common questions my clients ask is whether they can get privileges to go look for a job.  I tell them that it is an occupational reason and we can ask.

Privileges are given at the discretion of the Judge and there is no right to them.  My experience is that a Magistrate will not grant this.

Privileges to look for a job will be granted sometimes depending on the Judge.  If granted they will most likely only be during regular business hours 9-5 Monday to Friday.

It is more of a sure thing to get privileges, even ones that are very broad in scope if you can show actual employment.  But, I tell all my client’s that we can ask for whatever you want, and all the Judge can say in no.

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!