Cincinnati DUI Info » DUI Sentencing

Cincinnati DUI / OVI

robhealey — Sun, 14 Aug 2011 21:20:21 +0000

Charged with a felony DUI or OVI in the Cincinnati area? You need an experienced lawyer that can explain the process and advocate for you each step of the way.

We will file a request for the evidence the prosecutor intends to use against you at trial. We will also file a request for the preservation of evidence. Once the prosecutor produces the evidence we will evaluate the case and meet with you again to discuss the strengths of your case.

Part of our evaluation of the evidence is to determine if any evidence was obtained in violation of the law or your rights. If so, we can file a motion to prevent the evidence from being used against you at trial.

We will begin negotiation with the prosecutor at the Disposition Scheduling Conference (DSC) and it will continue until the case resolves by plea or trial. The DSC will be scheduled within a week or two after the arraignment.

The DUI and OVI attorneys at Suhre & Associates, LLC will meet with the prosecutor and judge to talk about your case for the first time at the DSC. The judge can review the bond at the DSC. Bond can go up, down, or remain the same. We might be provided with some or all of the evidence.

Your felony DUI or OVI case in the Cincinnati area will be set for a plea or trial setting following the DSC. This is an opportunity to make sure that we have all the evidence we need to evaluate and fight you case. We will continue to negotiate for dismissal or amendment of some or all of the charges to lesser offenses in an attempt to minimize your exposure to prison and felony convictions. Expect several plea or trial setting dates. The pretrial phase of the case can take from 30 days to a few months.

We will file and have a hearing on the motion to exclude evidence. This is based on our allegations that the state’s evidence was collected improperly. Remember, it does not matter what you did in a criminal case, only what the prosecutor can prove at trial.

A trial is next if we cannot obtain a plea agreement that you are happy with. A trial is to the judge or a jury. The state has the burden of proving all the elements of each offense beyond a reasonable doubt. The length of the trial depends on the number of witnesses that are expected to be called.

If you are found guilty by entering a plea or after a trial, the judge must order a presentence investigation (PSI). The judge has to order a PSI before sentencing you to probation in lieu of prison. You will meet with the probation department for an interview and they will make a recommendation on sentencing, and eligibility for treatment or probation in lieu of prison time.

Expungement is not available for a OVI or DUI conviction. It is very important that you hire a law firm with experience in applying the best DUI and OVI defenses to 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 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!

Never Give Up With Your DUI Defense

robhealey — Tue, 14 Jun 2011 22:23:57 +0000

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.

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!

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

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

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.

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!

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.

Avoid A DUI This Holiday Season!

robhealey — Fri, 24 Dec 2010 16:56:19 +0000

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.

Right To Remain Silent At OVI Sentencing

robhealey — Fri, 05 Nov 2010 15:22:08 +0000

One problem I come across from time to time arises at sentencing on a DUI or OVI. Picture this, I have worked out a plea and have a good idea what the sentence will be based on the facts in the report.

Sometimes I have seen this delicate house of cards come crashing down when the Judge wants to talk with my client after my mitigation, where I tell the Judge all the good things about my client, is complete.

The problem is that no matter how much I counsel my client; most times they say something they think sounds good. The reality is that they just made the Judge mad and talked themselves into a worse sentence than if they just remained silent.

Some Judges want to ask them why the DUI happened, what they drank, where their family was, what they were doing. These are facts that are rarely in the police report.

Sometimes this can work to our advantage by bettering a situation that has terrible facts to begin with, but it is a long shot. That begs the question of how can it be handled.

Some Judge’s think that the right to remain silent at trial, which is waived by entering a plea, also waives the right to remain silent at sentencing. That is not the law.

In 1999, the Supreme Count of the United State held that a guilty plea does not waive the self-incrimination privilege at sentencing in a case called Mitchell v. US, 526 U.S. 314 (1999), 119 S.Ct. 1307. The Court based its rational on the Fifth Amendment where its terms prevent a person from being “compelled in any criminal case to be a witness against himself.” U.S. Const., Amdt. 5.

This holding has also been adopted by Ohio Courts. In State v. Blackmon, Cuyahoga App. No. 88512, 2007-Ohio-3068, this is a good example about how a person can worsen their situation by telling the Judge what they thought the Judge wanted to hear instead of staying silent.

Another Ohio case that adopted Mitchell is State V. Betts, Cuyahoga App. No. 88607, 2007-Ohio-5533. This Court quoted the holding in Mitchell to show that, if invoked, a defendant’s silence may not be used against him in fashioning a sentence. Specifically, the Court in Betts held the following:

…In this matter, however, defendant did not exercise his Fifth Amendment right to remain silent at the sentencing hearing. Instead, he voluntarily responded when the judge gave him the opportunity to speak prior to sentencing. Moreover, the record clearly reflects that the court’s determination that defendant did not accept responsibility was a reference to this pre-sentence statement. State V. Betts, Cuyahoga App. No. 88607, 2007-Ohio-5533.

These cases show that you will need an experienced lawyer that can advise you what rights you have. More importantly, you will need a lawyer that can tell you how and when to use those rights, and when to waive them as it can directly influence the outcome of your case.

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!

Will I Have To Talk In Court At Sentencing?

robhealey — Tue, 02 Nov 2010 20:32:11 +0000

You will not have to make any statements in Court. Most times it is better to say nothing than to say the wrong thing.

Experience has shown me that there is no predicting what a client will say to a Judge at sentencing. However, there are some things your lawyer should prepare you to say.

At the very least the Judge will ask that you answer out loud to be recorded on the record at sentencing. Every Judge will ask you if your lawyer has explained the following:

Consequences of the potential sentence. Whether you understand your right that are waived upon entering the plea.

What guilty or no contest means. That you are entering a plea knowingly, voluntarily, and intelligently.

That you are a citizen of the U.S. If not, that your sentence could cause deportation.

That you have not been promised anything to enter the plea. You are not under duress.

The Court will then ask for a brief reading of the facts that constitute the offense. The Judge will ask your lawyer if there are any comments on the facts.

Then the Judge will ask your lawyer for mitigation. This is a brief explanation to lessen the severity of the consequences that do not constitute an affirmative defense to the charges.

Finally the Judge will ask you if you wish to make any statements. None are required.

Lastly, the Judge will give the sentence. Any experienced lawyer should be prepared to tell you in advance what the likely outcome should be. however, there are no promises.

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!

Cincinnati OVI Jail Notes

robhealey — Wed, 20 Oct 2010 19:06:43 +0000

A recent client reported back to us her observations about procedures when serving time at the Hamilton County Jail. We hope to minimize our client’s exposure to jail time whenever possible, but sometimes the law does not provide a remedy other than jail.

Here is her story:

WHEN SERVING A SENTENCE AT THE HAMILTON COUNTY JUSTICE CENTER…

Anything you bring with you to court other than the following will be put into property. Glasses, case for glasses (no metal), contacts with case (no solution) and bible.

You may bring socks, underwear and a bra (no wire). They must be white and new in its original packaging.

You may also bring cash with you to be applied to your books. Property can be delivered to the visiting desk in the South Building of the Justice Center, Tuesday thru Friday, between the hours of noon and 7pm.

You must bring a valid ID when dropping off property. Medications must be current and in their prescription bottle.

Narcotics are not permitted and in this situation you would be required to detoxify. The jail uses Tramadol and Tylenol 3 to treat pain.

Books are available for you to read at the Justice Center. You may also have them sent to you although they must be shipped directly from the company.

Not all book stores participate in this program. The jail suggested Amazon.com

Cash and credit card deposits may be made to an inmate’s account through a kiosk located in the lobby of the North Building of the Justice Center. All deposits post immediately to the inmate’s account for use in the commissary and a fee does apply for the use of the kiosk.

When applying funds to an account, you must deposit a minimum of $5.00 and a maximum of $800. Money may also be placed on your books by going to www.commissarydeposit.com.

This website is very easy to use. There is also a fee for this service and funds post immediately. See the fee schedule below.

You may otherwise mail in a money order (no checks accepted). All mail and money orders should be addressed to:

INMATES NAME & ID NUMBER

HAMILTON COUNTY JUSTICE CENTER

900 SYCAMORE STREET

CINCINNATI, OHIO 45202

Fees

Amount Fee

$0.00 – $25.00 $1.00 + 3.0000%

$25.01 – $100.00 $2.00 + 3.0000%

$100.01 – $200.00 $3.00 + 3.0000%

$200.01 and up $4.00 + 3.0000%

Hopefully you will be able to avoid an experience in jail. However, if you cannot, hopefully this advanced information will make your required stay less stressful.

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!

Can I Show Up Drunk For Court?

robhealey — Fri, 08 Oct 2010 20:23:47 +0000

If you show up drunk for court you can be held in contempt, arrested, and held in jail. If you show up drunk for sentencing your plea can be vacated.

Even if drank the night before you can have your sentence vacated. This is because the alcohol still in your system can interfere with the validity of your plea being knowing, voluntary, and intelligent.

Best advice I can give is not to party before you go to court on a DUI or OVI charge. You should expect to be given a breath or urine test at probation after sentencing.

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!