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.
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...
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.
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.
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...
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 (...
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.
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.
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.