Legal Blog & Information
What Factors Will Aggravate My Sentence For OVI / DUI?
February 3, 2011 | OVI / DUI Penalties
There are numerous reason why – here are a few of the more common reasons. Driving 30 mph over the posted limit, driving the wrong way on a road, an auto accident that results in death or serious bodily injury, a 0.170 test or higher, or refusal to take the test. If you need help… read more
Is It Necessary To Appear At The Arraignment in Ohio?
January 28, 2011 | Court Procedure
There are several good reasons to appear at the arraignment, or first appearance. You can make objections to the ticket and the Administration License 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… read more
What To Do If The Police Did Not Ask To See Insurance?
January 25, 2011 | Driving Privileges
Proof of insurance can be shown to the Officer at the time of the stop or to the Court during any proceeding. Failure to do so will cause the Court to report this to the BMV. The BMV will send you a notice of suspension unless you prove you had insurance at the time you… read more
My DUI Is No Big Deal. Why Do I Need A Lawyer?
January 11, 2011 | OVI / DUI Law
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 misdemeanor charges. Even on a first DUI, you are exposed to the following consequences: mandatory jail, mandatory fine, mandatory license suspension, a “hard… read more
Should You Take The Stand and Testify in Ohio?
January 5, 2011 | Defenses
You have the choice to testify as a defendant in a criminal case. However, in my opinion, nothing good is going to come out of putting your client on the stand. However, some people just have to get their story out. Your lawyer will want to put it on the record that he has advised… read more
DUI Defenses, Part 4.
December 7, 2010 | Defenses
Here are some more common defenses to a charge of DUI: Breath/blood ratio (2100:1) not proven to be your ratio; show how minor error gets multiplied 2100 times; 0.12 = 17/10,000,000th of an ounce. Show you have abnormally low blood/breath conversion ratio through testing and expert. Inherent sampling variability or margin of error (e.g., 0.081… read more
DUI Defenses, Part 3.
November 30, 2010 | Defenses, OVI / DUI Law
Let’s talk about some other defenses to an over the per se limit. There could be a false positive from consumption of unintentional alcohol (e.g. from Nyquil, Vicks Formula 44, lip balms, toothache drops). If you had something in your mouth prior to the breath test containing alcohol (e.g. Breath Drops with SD alcohol). Something… read more
DUI Defenses, Part 2.
November 19, 2010 | Defenses
Some additional factors that must be considered by your OVI defense attorney include: vomiting, belching within 20 minutes of test – no rinsing of mouth, or inadequate waiting period before retest will invalidate a breath test result. Also certain medical conditions/health issues make the breath test inherently unreliable. They include: A. gastric reflux, hiatal hernia… read more
DUI Breath Test Defenses, Part I
November 16, 2010 | Defenses
After a police officer arrests a suspect for DUI, they will most likely transport them back to the police station and ask them to submit to a blood, breath or urine test. In Ohio, the arrested does not have a choice which test to submit to. The most common testing method is the breath test…. read more
What Is The “Legal Limit” In A DUI Case?
November 9, 2010 | OVI / DUI Law
There is no legal amount of alcohol to have in the body and drive. Below, the (A)(1)(a) section says that if the officer believes you are under the influence of alcohol he can charge you with a DUI no matter what level of alcohol is in your system. That’s right, even if the level of… read more