Jon Joseph Saia’s Answers

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.

Body temperature absolutely affects the results of a breath alcohol test. In fact, in some states, the instrument used to test breath alcohol content measures breath temperature and then adjusts the results accordingly. The instruments used in Ohio do not do this. It can certainly be raised as a defense when challenging the results of a breath alcohol test result.

I am not sure it is the "jail's" call to determine if the requirements for the restoration of driving privileges have been met. In Ohio, the law simply states that a physician, psychologist or certified alcohol counsellor may issue a statement indicating that a treatment or rehabilitation program was successfully completed and that sobriety has been continuously maintained for 6 months.

The DUI (OVI) and the Child Endangering are both misdemeanors of the first degree. The Child Endangering carries a maximum penalty of 180 days in jail and a $1000 fine. The OVI, if a first offense within 6 years, carries a minimum penaly of 3 days incarceration (or a 3 day Certified Driver's Intervention Program), a fine of $373 and a 6 month license suspension and a maximum penalty of 180 days in jail, a $1125 fine and a 3 year license suspension. The failing to obey a traffic control...

Most judges are pretty harsh when it comes to a probation violation. It appears you received the minimum sentence for a third offense OVI in Ohio. The judge may be under the belief that you received a break already. A lot may depend on what you do between now and the probation violation hearing. You should hire an attorney to discuss the facts of the case and defenses to the alleged violation. The judge can impose any of the original jail sentence that was suspended. Suspended fines can...

Absolutely. Having appropriate levels of a prescribed drug in your system may provide the defense you need to win your case. In addition, there are many other defenses to OVI cases in Ohio. A urine test is certainly not the most reliable way to determine the type and quantity of drugs which may have been ingested.

A DUI (OVI in Ohio) conviction cannot be sealed (expunged) in Ohio. In addition, a an OVI conviction precludes the sealing of any other conviction.

It depends on the circumstances of the case. There is no set rule precluding a reduction. It is a little more difficult but it depends on the strength of the evidence after the a hearing to determine the admissibility of the evidence. The evidence in every case needs to be aggressively challenged. Only after a suppression hearing can the strength of the case be fully assesed. The bigger problem may be the fact that this individual is still on probation and most likely has some jail time...

An OVI (DUI) conviction does not preclude employment in a bar in Ohio. In fact, an OVI (DUI) conviction does not preclude admission to the bar (to practice law) in Ohio.

The court records should indicate that the charge was dismissed if it was, in fact, dismissed. Many times, a DUI charge is amended to reflect a different charge and the DUI charge is not outright dismissed. You may need to present a copy of the final Entry in your case to the clerk and request the court records be updated to reflect the actual outcome of the case. In addition, you should check with the BMV to make sure you driving record reflects the actual outcome.