Copyright 2015 - 2023 Brian J. Smith, All rights reserved. As a result, all charges against our client were completely dismissed. Through researching her case and analyzing the reports, video and testing results, we raised several legal arguments for her that lead to a dismissal of all of these charges, with her instead pleading to a non-moving violation. As a result, the OVI charges were dismissed with our client entering a plea to a non-moving citation instead. If breathalyzer equipment is not properly calibrated or administered, it may not provide valid results. Failed to complete the charging documents properly. As a result, we were able to obtain a dismissal of the OVI charges with her pleading to a traffic offense instead. Rather than simply issuing a citation, the police expanded and prolonged the traffic stop to investigate a suspected OVI based solely on our client's bloodshot eyes. Our client entered the wrong road to a state park and was ultimately charged with an over-the-limit OVI after urine test results were returned. After being stopped for having a license plate light out, our client found herself subjected to field sobriety tests, placed under arrest, given a breath test, and charged with an OVI. It was soon discovered that the police did not have or provide video referenced in the police report. In Ohio, the penalties for OVI are intentionally steep. Our investigation revealed that symptoms of anxiety during the stop were misinterpreted as signs of impairment. All rights reserved. It's always worth it to fight with the help of . That statute, however, applies only to accidents on the road. Three OVIs in Ten years will result in a felony OVI charge. Thats why its so important to aggressively fight all OVI charges in Ohio. This saved our client from high points to her license and harsh OVI mandatory minimums. Anyone who operates a vehicle in Ohio implicitly consents to alcohol/drug testing if arrested for DUI (called 'OVI' in Ohio). The court will provide you with a petition form along with a list of the requirements you need to meet. Our client was charged with an OVI after a traffic stop, standardized field sobriety tests, and refusing a breath test. This saved her from points to her license, the impact to her auto insurance, from a year-long license suspension and from having to attend the driver's intervention program. I would highly recommend Brian to all my friends and family because I am confident he will not let them down, he is very trustworthy and personable. A third DUI offense in Ohio is a very serious charge and can seriously impact your life. Luckily, here at the Huey Defense Firm, we have prepared detailed charts laying out all of the penalties you face on an OVI charge. For a first conviction, you will receive a fine of between $375 and $1,075. Second offense: minimum 10 days in jail, up to $1,625 fine, other penalties remain the same as a first time offense. A criminal defense attorney will discuss the specifics of your case with you and advise you on your best legal defense. One way is to have several previous misdemeanor OVI convictions. We fought the charges, filing a suppression motion and scheduling a hearing. Although our client was charged with an OVI after the police claimed he provided an over-the-limit breath test, we obtained a dismissal of his OVI charges with him pleading to a traffic citation instead. I would recommend him to my family/friends if ever needed. Through investigating the allegations and extensive negotiations with the prosecutor, we obtained a dismissal of the assault charges. Using this evidence, our client avoided second-in-ten OVI charges and the mandatory penalties that would have come with those charges. Casual users of marijuana, even if they have a medical card, often find themselves subjected to OVI charges when urine test results come back showing use - even though not use on the day of citation. I can not thank them enough!" When our client was charged with an OVI, we worked diligently with the prosecutor and court to obtain a dismissal of the OVI charges as well as getting his administrative license suspension vacated to save his job and CDL. You can be charged with a misdemeanor OVI during your court hearing if you were convicted of or pled guilty to two . If the officer had no reason to pull you over or search your car, this could be a Fourth Amendment violation. Invalidated for failure to have a qualified individual administer the test. You may also be liable to pay a fine of between $300 and $1500. Visible Impairment. By pleading to a simple traffic offence, our client was saved from any jail time, from having to complete a drivers intervention program, from high points to his license, a damaging criminal record, and high fines. This includes a license . We obtained an agreement to dismiss the charges with her pleading to a non-moving citation instead. Through extensive negotiations, we were able to achieve a dismissal of the OVI with our client pleading to a reduced charge of reckless op. If you are taken into custody, these rights are supposed to be read to you in a Miranda warning, informing you of your right to remain silent and right to an attorney. After being charged with an OVI, he needed to not only achieve a reduction of the OVI but his administrative license suspension (ALS) needed to be vacated. Our client was charged with an OVI after a traffic stop and refusing to take a breath test. A second DUI offense in Ohio is a serious charge and can seriously impact your life. It is rare, however, for this maximum sentence to be imposed upon a first time offender. Our client and agreed and the case was resolved in his favor. Blood tests also must be conducted appropriately to provide admissible evidence. You can reach us by phone at (513) 338-1890 or our secured contact form to schedule your confidential case review. Turn off your engine, but leave your lights on if it's dark. As a freelance writer and small business owner with a decade of experience, Dan has contributed legal- and finance-oriented content to diverse sources including Chron, Fortune, Zacks.com, Motley Fool and MSN Money, among others. Avoid moving around in your seat, and never reach for your license and registration until requested to do so. Maximum of five years of probation. It was such a nice process. As such, the first court date you will attend is generally called an arraignment. Our client was charged with an OVI due to a suspicion of driving while under the influence of narcotics. Contents hide Attorney Profile. Unfortunately, this means that you may drive after drinking without knowing your abilities are impaired. In Ohio, you will face OVI (operating a vehicle under the influence) charges for driving drunk or driving while under the influence of drugs. Our client was involved in a physical altercation with another individual after she found herself charged with first-degree misdemeanor Assault with potential penalties including a $1,000 fine, six-months of jail and the obvious negative implications of having such a conviction on her record. The legal standard for determining whether a law enforcement officer had probable cause to arrest an individual for OVI is whether, "at the moment of the arrest, the police had sufficient information, derived from a reasonably trustworthy source of facts and circumstances, sufficient to cause a prudent person to believe that the suspect was However, through thorough preparation and extensive investigations, we obtained a dismissal of the OVI charges with our client accepting a non-moving citation instead. Have you ever had a drink and felt that it affected you more than usual? This might include completing a drug or alcohol treatment program, driver retraining, community service, probation, and other stipulations. After blowing into that breathalyzer and getting charged with an OVI, Ohio defendants do have some options in and out of court that may help them challenge the charge, or at least lessen the legal fallout. According to NOLO, the Ohio Bureau of Motor Vehicles (BMV) suspends the driver's license for one to three years if their BAC is 0.08 percent or higher for a first offense OVI.After a "hard suspension" of 15 days, the driver can apply for a restricted license and receive limited driving privileges with conditions such as restricted driving hours, displaying OVI plates or having an IID installed. Sonya, "Mr. Smith is an amazing lawyer who listens and takes his time to make sure he understands every detail of your particular case. Under Ohio law, first-time offense penalties mostly vary by how intoxicated a driver is. We were able to reach an agreement to have our ALS appeal granted - thereby saving his CDL and job. Here is a brief overview of Ohio's OVI law. This avoided an OVI on his record and year-long license suspension. Although our client was charged with an OVI after providing a breath test that was about twice the legal limit, we were quickly able to obtain a dismissal of the OVI charges with our client simply pleading to a traffic citation instead. Your criminal defense attorney can negotiate with prosecutors to request a plea bargain. A physical control charge comes with similar penalties to OVI, including jail time and hefty fees. The traffic stop resulted an OVI charges that would have brought a mandatory one-year license suspension and the potential for jail time. Our client was involved in a minor traffic accident. As a result, he was charged with a traffic citation and a hit-and-skip charge. Revocation of driver's license for one to three . Oops! Schedule A Case Review Click To Call (440) 409-7898 Tell Us About Your Case Then, you will be required to meet the terms of the program. We have helped hundreds of clients get their OVI charges reduced or dismissed. Our client was charge with a regular OVI and an over-the-limit OVI after she was pulled over for a headlight issue and given a breath test. OVI Charges with Urine Test Results Dismissed: After our client was involved in an auto accident, he found himself arrested and charged with an OVI. The administrative suspension occurs when you have a BAC over the legal limit or you refused to take a chemical test of your breath, blood or urine. Request a pretrial. Given without proper and required instructions. Expungement may not be possible for those convicted of a DUI. Call Attorney. If you were charged with an OVI, you may be able to have it dismissed with the proper representation. "Valerie, "Thank you Brian for representing me with my unemployment case. Instead, she simply paid a small fine. If that is not possible, your attorney will negotiate with the prosecution in an attempt to get your charges reduced. Stopped you without a reasonable and articulate basis to believe that a law has been violated. Also of note, if law enforcement obtains the defendant's blood test results from a hospital where the driver received treatment, but the officer or agents failed to obtain a proper warrant to get those results, this can present a serious challenge to the OVI charge in court. If you have been charged with any crime in Hamilton County, contact the Cincinnati criminal defense attorneys with LHA today for a free, initial consultation.
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