Skip to main content
Jon Joseph Saia

Jon Saia’s Answers

83 total


  • Physical Control

    Can a charge of "Physical Control" that has 0 points be eventually expunged or sealed, if you have had no prior convictions and a clean driving record? Also, if your OVI charge is brought down to Physical Control, do you have to pay the $475 re...

    Jon’s Answer

    "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 Control of Vehicle Under the Influence."

    See question 
  • Breathalyzer

    I was arrested by the highway patrol. Are they supposed to take more than one breath test for accuracy? I was given only one and am worried I may not have done it right. I blew lightly for a "constant" stream and the trooper had me blow for a while.

    Jon’s Answer

    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 an attorney willing to make a challenge to the different treatment for different individuals.

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

    All charges were dropped except the DUI. visited the BMV site and the suspended my license for an additional 2+ years beyond what the court's sentence based on the dissmissed charges. Can the do this and what recourse do I have?

    Jon’s Answer

    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.

    See question 
  • Can u get a secert inditement for a d.u.i?

    i got pulled over the other night and was asked if i was drinkin i told the cop no and he didnt say no more besides i can tell u been through this befor.

    Jon’s Answer

    yes you can be indicted for a felony OVI offense in Ohio. A 4th offense within 6 years, a 6th offense within 20 years or having a previous felony OVI conviction is felony OVI in Ohio which would require an Indictment before prosecution.

    See question 
  • Wearing glasses for hgn test

    are glasses supposed to be taken off when being given the hgn eye test? the officer never told me to remove them and i think he might have conducted it wrong due to a couple other issues. thank you.

    Jon’s Answer

    Eyeglasses are to be removed prior to the administration of the HGN Test. For more information on the requirements of administering Standardized Field Sobriety Tests visit 888OVIOhio.com

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

    I am awaiting trial for a second DUI. If I am convicted, do judges take into consideration whether a person is a full time student or do they generally not care? You would think a judge would want to keep people in school and not interfere with so...

    Jon’s Answer

    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.

    See question 
  • Observation Period in Ohio

    I read online that "Insufficient or broken observation period — no continuous observation for entire 20 minutes before first breath sample. ". What would be considered insufficient or broken observation? My arresting officer was doing various t...

    Jon’s Answer

    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 compliance with that requirement. It is something that can be used at trial and could work in your favor if the jury is properly educated.

    See question 
  • I failed my interlock but I am not on probation what happens?

    I know it sounds weird but I have failed my interlock several times due to drinking the night before so it was above .02 but not above .08.... I had a summons about a year ago for the same thing although the fails were not due to alcohol consumpti...

    Jon’s Answer

    If you are no longer on probation, the only thing the judge can do is modify or terminate your driving privileges.

    See question 
  • OVI - "red glossy eyes"

    Hello everyone, I am being accused of OVI. The officer claimed when he stopped me that I had a "strong" alcohol odor, "red and glossy" eyes, and "slurred" speech. I can defend the slurred speech with audio from the cruiser camera, I'm not w...

    Jon’s Answer

    Make sure your attorney is aware of a 1998 study conducted by the government recoomends that red and glossy eyes no longer be considered an indicator of impairment as there are too many causes of red and glossy eyes.

    See question 
  • Made to sign 2255

    I was indeed read the yellow paper 2255. When he asked if I understood I said "well, no. I have some questions". He then said "no, sign". Can that get the breathalyzer part of my case dismissed from evidence?

    Jon’s Answer

    The facts a set forth in the premise to your question is usually not enough to get a breath alcohol test suppressed. The law requires that the officer read the form to you. Although it goes against all logic, there is no requirement for the officer to explain it to you. That would be asking too much of the officer. It is only your life and liberty at stake. If the law had anything to do with money from a big corporation, the legislature would require that an attorney be present to make sure you understood everything that you are being told. Unfortunately for OVI defendants, these cases do not involve big corporations. Just like most of the laws involving OVI cases, the laws make no sense and ignore the U> S. Constitution and the Bill of Rights.

    My suggestion is to hire a very experienced OVI atorney to represent you in your defense. Although most courts and legislators do not see a problem with such laws violating the U. S. Constitution and the Bill of Rights, some courts do and most jurors will if framed correctly.

    See question