Jon Joseph Saia's Answers

OVI and Cell Phone Interference

Cell phones can absolutely interfere with a breath alcohol test and produce a false result. In Ohio, the states experts have admitted so and some law enforcement policies now include a provision that there should be no cell phones in the area where the test is being administered. The breath alcohol testing instrument is supposed to have a working RFI (Radio Fequency interference) detector to detect such interference. The problem is that the detector does not always work and the settings for...

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OVI - Officer punched my jaw!

It is possible to win any OVI case. It is necessary to challenge all of the evidence at all given opportunities. Don't let the .18 BAC scare you away from having an attorney thoroughly review the case to determine the defenses that may be available to you. Despite what most people think, you are not automatically guilty just because you tested over the legal limit. As for the officer, you would need to seek the advice of an attorney that handles that type of matter.

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Ohio State Patrol car cameras

Typically there is only the "dash mount" camera which turns 360 degrees. Some newer cruisers have a a front/rear facing "dash mount" camera along with a camera located in the rear of the vehicle recording the activity in the rear seat of the cruiser. Many officers will administer the Standardized Field Sobriety Tests off camera in order that defense counsel cannot question the administration of the tests.

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Anyone know which breath testing machine is used at Ohio State Patrol Post 50 (Canfield)?

BAC DataMaster!

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My question is that if an officer took a false statement from witness, and I was then charged me with refusing to take a breath

First, you mention that you were denied legal aid. Legal aid is different from a public defender. You should see if you qualify for a public defender to represent you at no charge to you. If you do not qualify for a public defender, it would appear that you have at least some funds to retain private counsel. Hire an attorney as soon as you can and challenge all of the evidence against you. In addition, you will need to appeal the administrative license suspension.

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Physical Control

"Being in Physical Control of Vehicle Under the Influence" cannot be expunged/sealed. If driving privileges were suspended as part of the sentence under a "Being in Physical Control of Vehicle Under the Influence" charge or as part of an Administrative License Suspension due to a charge of "Being in Physical Control of Vehicle Under the Influence," the reinstatement fee is $475. Generally, in Ohio, there is no requirement to retake the drivers test due to a conviction "Being in Physical...

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Breathalyzer

That is the million dollar question! If you were tested on an Intoxilyzer 8000 you would have been tested twice. If you were tested on an Intoxilyzer 5000 or a DataMaster, you would have been tested only once. Does this appear to be a violation of equal protection or due process? It sure does, however getting a court in Ohio to say so may be a whole different story. Currently, the law in Ohio allows one blow on certain instruments and 2 blows on another. You need to hire the services of...

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I live in Ohio. My license was suspended for not paying a fine. I was arrested for DUI, refusing a breathilizer.

Your license would have also been suspended for the DUI (OVI) conviction. A suspension is mandatory. Your license would not have been suspended for not paying a fine although the court could take other action against your license ("forfeiture" or "hold") which would preclude you from driving. I think it is necessary for you to contact an attorney to review your BMV record as well as the court records to determine why your privileges are suspended.

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Do judges commonly take into consideration whether a person is a student before sentencing them? I am awaiting trial for a DUI

Judges must take a number of things into consideration when determining an appropriate sentence. In OVI cases judges are bound by minimum sentences which have been mandated by statute. On a second offense within 6 years, the mandatory minimum could be as much as 20 days in jail. To view OVI penalty charts, go to 888OVIOhio.com.

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Observation Period in Ohio

The observation period is essential to breath alcohol testing. Not only be be sure nothing is ingested but to also make sure that the subject does not burp or belch which would cause alcohol in the mouth to be blown into the breath alcohol testing instrument rathe than deep lung air. Unfortunately, most courts are not aware or do not care about the importance of the leagally required 20 minute observation period before a test and it is difficult to get a test suppressed due to lack of...

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