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Jon Joseph Saia

Jon Saia’s Answers

83 total


  • What are the consiquences for a FIRST DUI with a six month old baby in the car

    i got a dui with my child in the back seat. i blew a 0.123 on the breathalizer what is going to be my punishment

    Jon’s Answer

    The fact that you had a child in the car with you at the time of your arrest, will certainly play into the sentencing determination by the judge. In addition, you can, and may have been, charged with Child Endangering. Both the OVI charge and the Child Endangering Charge are misdemeanors of the first degree and both carry the potential of incarceration. You should obtain the services of a lawyer immediately.

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  • How long does the municipal court have to charge me with failure to reinstate my vehicle?

    I GOT PULLED OVER FOR FAILURE TO REINSTATE MY VEHICLE ITS BEEN 3 MONTHS AND HAVNT CHARGED ME YET WAITING TO GO TO TRIAL

    Jon’s Answer

    First, it is not the Municipal Court that would charge you. It is up to to officer that stopped you as to whether charges will be filed. Second, I am not sure what is meant by "failure to reinstate my vehicle." I will assume that means that you failed to register your vehicle. If you did not receive a ticket at the time you were stopped, it is unlikely, although possible, that you will receive a ticket. A ticket can be mailed to you. You may want to check with the court to determne if there are any charges pending against you. You may also want to check with the BMV to determine if your license has been forfeited due to your failure to appear in Court. Although the statute of limitations may be a longet time period depending on the charge, the ticket needs to be timely served.

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  • I was ticketed with a dui and go to court tomorrow. I had a dui 7 yrs ago and 1 10 years ago. Whats going 2 happen?

    Since i got the last dui ive been back active in aa with sober support and a sponsor. I have 3 children and work 35 hours a week making minimum wage in order to afford a house we just moved into 2 weeks ago. I just seperated from my husband and le...

    Jon’s Answer

    If convicted, the judge is required, at the very least, to sentence you to minimum first offense penalties since this is a "first offense" within 6 years. Minimum penalties consist of 3 days in jail or a 3 day driver intervention program, a $375 fine plus court costs and a 6 month license suspension. In reality, if convicted, you will be sentenced to more than minimum first offense penalties because of your prior record.

    Despite what most people think, there are numerous defenses to OVI (DUI) cases. You should hire an attorney experienced in defending OVI cases before just pleading guilty and placing yourself on the mercy of the court with regard to sentiencing.

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  • Do I have a legal right to see the records on an OVI case that I pled guilty to? Because I think my arresting officer is crooke

    I was pulled over in January for snow obstructing my license plate. Officer said my eyes were red and did FST. I thought I passed. He asked for my marijuana, and I gave it up, hoping for leniency. It was only like 2 grams. I got arrested and char...

    Jon’s Answer

    First, you have a right to see all of the paperwork regarding your case. Second, you should have seen all the paperwork before you entered a plea. It is very difficult to withdraw a guilty after sentencing. You should speak with your attorney or retain an attorney to look things over of you don't.
    You should know that the active metabolite in marijuana cannot be measured in urine.

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  • Sentencing for underage drinking, OVI 1st offense, failure to control. 6:35 am a 20 yr old wrecked into a parked van, a mother

    of 4 was putting her children in the car. The 20 yr old smashed the rt rear of the van knocking the mother to the ground, causing injury...Broken neck, vision and hearing impariment and some memory loss. What is the 20 yr old facing? OHIO

    Jon’s Answer

    Without knowing the exact charges, it is difficult to tell what the sentence may be. Depending on the circumstances, he can be charge with a 3rd and 4th degree felony as well as some additional misdemeanors. The 3rd degree felony carries a mandatory prison sentence. the 4th degree felony carries a possibility of a prison sentence.

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  • My son (18) was arrested for driving with BAC of .14. What is the aproximate cost for a defense lawyer?

    He is also on probation for a juvenile offenses, destruction of property and theft of street signs. He had a court appointed lawyer for that, which was tried in Juvenile Court in Cleveland, but this judge told him they do not appoint lawyers in ...

    Jon’s Answer

    The cost of a lawyer will vary quite drastically, usually from several hundred dollars to several thousand dollars. You should interview several attorneys and make sure you find a competent attorney that you can afford. In addition, you should be aware that the new charge may be cause for a violation of your son's probation in Juvenile Court.

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  • What's the worst that could happen if I was found guity of a DUI?

    Along with driving w/o OMVI, while under suspension, DUS (12 point) suspension, & no plates on the car. I'm taking a lot of different meds for depression.

    Jon’s Answer

    The worst that can happen depends on the number of prior OVIs in the past and whether or not you had submitted to a chemical test. You are probably facing long term incarceration as well as stiff fines and a long term license suspension. I would suggest you speak to a lawyer immediately and not speak to anyone else until you speak with a lawyer.

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  • Wrongful arrest

    i was arrested for dui for blowing .06 on breath test, which I know is bellow legal limit. i was not asked to take blood or urine test. I was arrested and transported to jail, charged with ovi, and my car was impounded. I also paid bond, tow fees,...

    Jon’s Answer

    Whether you are top late to do anything depends on the course of action toinwish to take and the exact reasoning as to why the case was dismissed. If the officer has probable cause to arrest you then there is orobably no cause of action. If there was no probable cause to arrest you then there may be some recourse. You should obtain a copy of the entire court file and speak with an attorney with experience in this area of law.

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  • Wrongful arrest

    i was arrested for dui for blowing .06 on breath test, which I know is bellow legal limit. i was not asked to take blood or urine test. I was arrested and transported to jail, charged with ovi, and my car was impounded. I also paid bond, tow fees,...

    Jon’s Answer

    Whether you are top late to do anything depends on the course of action toinwish to take and the exact reasoning as to why the case was dismissed. If the officer has probable cause to arrest you then there is orobably no cause of action. If there was no probable cause to arrest you then there may be some recourse. You should obtain a copy of the entire court file and speak with an attorney with experience in this area of law.

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  • I was convicted of a OVI on sept of 2010... I was placed on probation for a year with a no drinking claus....

    Some people have complained to my PO that they have seen me drinking??? I have been charged with a PO violation on the accusations.... Dont they have to prove I was drinking Alcohol not just seen in a bar or Restuaraunt???

    Jon’s Answer

    First, you should receive a statement of violations before the case proceeds. The statement of violations will set forth the specific violations. I believe it would be possible, but difficult, to be found in violation of your probation basd solely upon eyewitness testimony. There would have to be some proof offered with regard to the fact that drink contained alcohol. Being in an establishment that serves liquor would not violate your probation.

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