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Jon Joseph Saia

Jon Saia’s Answers

83 total


  • I was arrested for ovi, and was not mirandized by the officer. Does he have to mirandize an ovi situation?

    Does a police officer have to mirandize an OVI arrest?

    Jon’s Answer

    In order for the government to use statements made by you which are against your interest during a custodial interrogation, you mus first be Mirandized. If the government does not intend to use any such statements, there is no need to Mirandize. General, pre-arrest statements concerning the consumption of alcohol or drugs prior to arrest are admissible as evidence in Ohio even when no Miranda rights are explained.

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  • Hello i went to court for a third dui and was sentenced thirty days in jail and 2yrs probation.

    i got out of jail three months ago and have been on random urine screens since and have been clean. i recently failed my last one and my probation officer violated me. this is my first violation. Any ideas as to what might happen?

    Jon’s Answer

    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 also be imposed. If you are in fact guilty of the violation and it can be proven that you are guilty, get yourself in counselling, attend AA/NA meetings and do anything else you can to assist in mitigation.

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  • Am i in the clear???

    I was stopped dec 30th last year and had to submit a blood test because i was under suspicion of an ovi. I recieved a call from the arresting officer and he informed me my blood alcohol was 0.66 which is not over the limit. He then stated they fou...

    Jon’s Answer

    It is difficult to answer your question without knowing if you were cited with an "impaired" offense. In Ohio, you have to be arrested before submitting to a test in order for the result to be used against you. If you were not charged with an "impaired" OVI violation, you may be in the clear with regard to any misdemeanor charges as of the end of the month. If this is a felony level OVI offense, the government has 270 days (3 for 1 credit for days spent in jail) from the date of arrest to bring you to trial on felony charges.

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  • I got a DUI and blew a .167. I have no points or priors on my reord at all. Do i need a lawyer or can i just plee guilty?

    I know I messed up so in my eyes theres no point in fighting it. However I do travel for my job and I would like to ask for driving privileges if not 24-7 privileges with the breathalizer to start the vehicle then atleast work priveleges. Will I b...

    Jon’s Answer

    The short answer to your question is that you most likely be able to obtain such privileges. A longer answer is that you should always "fight" or defend an OVI (DUI) charge. Many times, mistakes are made and devices used to measure your Blood Alcohol Content (BAC) are not accurate. I would highly suggest that you contact an attorney to review your case before pleading guilty. An OVI (DUI) conviction can have a long lasting and, most times, unforseen consequences.

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  • Yes i got sentenced to 5 years probation in july of 2009 its now march 2011 ive never violated my probation never been late on

    anything payments etc, never failed a drug test always complied with my p.o an never missed an appt, an last nite i was giving a friend a ride home from the bar an got pulled over an got charged with an ovi, i had a cpl beers at my house then they...

    Jon’s Answer

    Most judges in Ohio make it a condition of your probation that you are not to drive after consuming alcohol, no matter the quantity. Even if you are not convicted of the new charge, you may be in violation of the terms of your probation. If you are in violation of your probation, you facing a number of possible consequences, including jail time up to the amount of the jail sentence that was previously suspended. In addition, you may be facing penalties on the new charge if convicted.

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  • I got a DUI, 9/2010, & convicted 12/2010. I paid the fine, attended all MAD meetings, completed Driver Intervention Program.

    I took an assessment, was told I needed Intensive Outpatient Treatment. I located a program I liked and fit my work schedule. My p.o. then told me that program is not on their "approved list." My attorney told me he talked to the judge, & jud...

    Jon’s Answer

    It sounds like the matter between you and the court cannot be resolved without first resolving the issue of whether an attorney-client relationship still exists between you and the attorney with whom you had previous contact. If an attorney-client relationship still exists, that attorney should take care of the matter for you. If not, you may need to seek new counsel.

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  • I was charged with an ovi for admitting to the cop id taken my prescribed vicodin.

    I took a urine test which showed my prescribed opiate. He didnt gv me a blow test bc it was clear i wasnt intoxocated. Is there qny chance i could fight this and win?

    Jon’s Answer

    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.

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  • I was pulled over for weaving. I was nervous when I was giving the officer my ID. He asked me if I had been drinkin. I had 2

    I am a diabetic and I had two beers. I have been told that being a diabetic makes the test not correct. He asked me to blow twice. Then he said I blowed a .15. I wasn't drunk. Will I have a chance to get out of this DUI?

    Jon’s Answer

    Being a diabetic can influence the result from a breath alcohol testing instrument making it atificially high. As for the second test, some instruments in Ohio (the Intoxilyzer 8000) requires to tests to complete the testing cycle. You have a chance of avoiding an OVI (DUI) conviction in all cases.

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  • I got a DUI in the state of wv two years ago and I am still awaiting trial I have move to Ohio in that time and now have an Ohio

    I got a DUI in the state of wv two years ago and I am still awaiting trial I have move to Ohio in that time and now have an Ohio state lic. My lawyer says that it will not effect my Ohio state lic and I will still be able to drive in Ohio. But not...

    Jon’s Answer

    If you currently have an Ohio driver's license and West Virginia suspends your driving privileges in West Virginhia, your Ohio driving privileges will (or at least should, pursuant to law) be susupended for the same time period as the West Virginia suspension or for 6 months, whichever is less.

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  • Is it possible to adopt if you've been convicted of a DUI?

    My boyfriend has two high tier DUI's on his record. If we marry is it going to be impossible for us to adopt?

    Jon’s Answer

    A DUI (OVI in Ohio) conviction would not automatically preclude an adoption in Ohio however, it can play a role.

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