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Jon Joseph Saia

Jon Saia’s Answers

83 total


  • What are my chances of getting max on second DUI in 6yrs if I didn't submit breathalyzer test?

    I was pull over on labor day weekend for nit using a turn signal. I was asked to take a breathalyzer test but refused because I dont know how it works and had alcohol barely on my breath. I was given multiple field sobriety test instead and was pl...

    Jon’s Answer

    If this is your first offense within a 6 year time period, you have been placed under an Administrative License Suspension for 1 year. You are eligible for limited privileges after 30 days. There is a possibility that the suspension can be "stayed" (placed on hold" until further Order of the Court. You should contact an attorney ASAP.

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  • Officer denied letting me read 2255 form.

    I was arrested for OVI and was read that 2255 form that is required to be read to me. I was confused and asked the officer if I may read over the form before signing just so I made sure I understood everything, and he said "no, you can read it all...

    Jon’s Answer

    You are in the same catch 22 that every other OVI defendant is in: Your allegedly drunk but you are supposed to understand all of the consequences for being arrested as well as taking or refusing a chemical test!

    The officer is only required to read the form to you and to give you a copy. Wheher you understand it is of no relevance.

    There are many other ways to get the results of a breath alcohol test thrown out as evidence. In addition, results of breath alcohol tests can now be challenged at trial in Ohio in some courts.

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  • ORC 4511.19A1A

    Hi, I was charged with OVI and am confused by the codes. On the paper the arresting officer gave me, it lists the charge as 4511.19A1A. On the paper I received from the court for the pre trial, it says Action Code 4511.1911_A. I was wondering ...

    Jon’s Answer

    If you did not submit to a BAC test of any type, submitte to a test and either tested under the legal limit or are awaiting the results, the correct code section is 4511.19(A) (1) (a)

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

    I'm trying to do some research and am having trouble finding out. I called their station and they wouldn't give me any specifics over the phone for some weird reason. Thanks.

    Jon’s Answer

    BAC DataMaster!

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  • ALS appeal

    When I went in front of the judge, I asked to appeal the ALS, the judge asked if I wanted to have a "stay" and I said yes because I was working on getting legal representation. My question: is there a deadline to have the ALS with a stay? Thank...

    Jon’s Answer

    In short, no, there is no deadline. A "stay" means that the ALS was placed on hold. You are restored to full driving privileges during the stay.

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  • OVI - Officer punched my jaw!

    I was pulled over for drinking, the officer was extremely arrogant and rude while I was nothing but cooperative. He told me to get out of the car, which I did. He told me to walk a straight line and I told him no. We exchanged a few harsh words an...

    Jon’s Answer

    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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  • Will a dwi get expunged from my juvenile record when i turn 18?

    im 17. i just recieved a dwi in new york. i would really like to know if this will be expunged. i was completely compliant with the cops. passed my field tests. this is my first dwi. it wasnt an aggravated dwi but still a dwi.

    Jon’s Answer

    You should consult with a lawyer from New York since your conviction was in New York. If New York does seal that record you would then have to notify the Ohio BMV because that conviction will appear on your record in Ohio as an out of state conviction.

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  • BMV Form 2255 Rights

    I was arrested for OVI a few days ago. The officer read the Form 2255 to me, but he read it rather fast. I asked him politely if I may read it before signing it because I wanted to make sure I understood everything, and he said no he wouldn't. I a...

    Jon’s Answer

    The part of the form that contains the signature line is a simple acknowledgment that the form was read to you and that you received a copy. Many times, the forms are not signed for one reason or another. Having the form read to you too fast is certainly an issue which should be raised on appeal. The entire purpose of the reading of the form is to make sure you understand the consequences of testing over the limit and refusing to submit to a chemical test. There are numerous other requirements for an Administrative License Suspension (ALS) to be valid. There are also many ways to be successful on an appeal of an ALS.

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  • What all must happen with a Bmv 2326 form?

    I was arrested in 2006 and charged with my 3rd dui(5th) overall. Now Im trying ti get my license back. I completed a course in jail that ended July 17th and was released on December 31st of that year. 2 weeks shy of necessary 6 months sobriety ...

    Jon’s Answer

    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.

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  • My son has a M1 Child endangering,M1 DUI,and MM obeying traffic control device.What can he expect?

    Will He be able to keep his DL to get to work?

    Jon’s Answer

    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 device is a minor misdemeanor carrying a maximum fine of $150.

    An OVI (DUI) with children in the car usually results in something more than the minimum penalties. Your son should obtain counsel immediately.

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