Stiff Penalties For A First DUI In Ohio

June 11, 2010

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 [...]

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What Is One Drink?

June 7, 2010

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 [...]

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Holiday Weekend! Are The Cops Out To Get Me?

May 28, 2010

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 [...]

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I Have Done Everything The Court Said, What Now?

May 24, 2010

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 [...]

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Can The Police Arrest Me Without A Warrant?

May 21, 2010

A Police Officer does need a warrant to arrest you for a DUI.  Ohio Revised Code (ORC) section 2935.03(C) provides the authority for it.
When there is reasonable ground to believe that a DUI has been committed a peace officer may stop or detain the person whom the officer has reasonable cause to believe was operating [...]

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My DUI Is A Simple Matter, Why Do I Need A Lawyer?

May 17, 2010

First off, your DUI is not a simple matter.  It is complex, but not complicated.
A DUI is a misdemeanor of the first degree.  It is also the most serious of all misdemeanors’ of the first degree.
It is even more serious than some felonies!  Especially, a felony that is eligible for diversion and ultimately expungement. 
Even on [...]

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Finding A DUI Lawyer That Can Relax

May 11, 2010

There is more to a good defense attorney than knowledge of the law.  Most lawyers will disclose their knowledge to your satisfaction at the initial consultation.
After all, you are not a DUI lawyer.  Therefore you will need to rely on your own instincts in hiring them. 
Ask them questions about how they handle return calls.  [...]

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I Want To Testify!

April 30, 2010

You have the choice to testify as a defendant in a criminal case.  Your lawyer will probably tell you not to.
If you just can live with yourself if you don’t get to tell your story, you can ask to testify.  Your lawyer will want to put it on the record that he advised you not to [...]

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Can You Get Me A Deal On My DUI?

April 27, 2010

Half my clients want to know if I can make their DUI go away.  The other half want to know if I can get them a deal.
The most common deal offered is a reduction from to reckless operation.  This usually requires that no aggravating facts exist. 
Things that can prevent a reduction are a prior offense, too [...]

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Why Are Transcripts So Expensive?

April 20, 2010

Client’s sometimes ask me why the transcripts are so expensive and why we need them at all.  I am going to explain.
First you need to understand that not all courts in Ohio record what is said.  Courts that do are called courts of record. 
A court of record will record what is said in one of several [...]

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