The answer to your question depends on what her goals are. Is she wants to try and avoid having an OVI conviction on her record for the rest of her life, she will need to hire an attorney and plead not guilty.
With respect to your daughter's OVI charges, because she is under 21, the legal limit is reduced to .02. According to you, she blew a .04, which is not an exceedingly high amount, but over the limit.
With respect to the charges, an attorney will look to try reduce the charges by...
If your question whether you have a chance at getting a reduction of the charge to a lesser offense, such as a reckless operation or beating the case at trial?
In my firm's experience, Marietta Municipal Court do not hand out reductions. It is very difficult to get them there, but possible. The prosecutor really has to be convinced of evidentiary weaknesses, usually by conducting a suppression hearing.
Answering whether you have a chance at trial would require greater detail about the...
You are charged with an OVI Impaired charge. This means that the officers subjective opinion of how you were driving, how you pulled over, how you looked, how you smelled, what you said and your performance on the field sobriety tests indicated that you were too impaired to drive and that is why you were arrested.
If you were to have a jury trial, the officer would testify to what I have listed above. A cruiser video is not necessary for the officer to testify.
If you are trying to avoid...
If you are asking if you can seal or expunge the record of your OVI/DUI conviction, in Ohio at least, you cannot. If you were charged and convicted in another state, you should consult an attorney in that state to see if it is possible.
Benjamin L. Luftman
In my opinion, it would be in your best interest to at least consult with an attorney prior to your son's court date. A drug conviction could impact him in a number of ways both short and long term. Juvenile or adult, it is important to keep your background clean if possible.
Please feel free to contact me if you would like to discuss this matter further.
Benjamin L. Luftman
South Carolina may not do anything. Most states do not suspend your license until you are actually convicted of the OVI. You can verify this by calling the South Carolina DMV.
You should have your initial court appearance coming up shortly. Your license may be in the prosecutor's packet. Because of your special circumstances, you may want to try and contact the police department to make sure they do not send your license off to get shredded beforehand, like they would with an Ohio license....
To answer your question, it would be important to know if your case is pending in Hilliard Mayor's Court, Franklin County Municipal Court, or some other court.
In my opinion, the prosecutor in whichever court your case is scheduled will look at your previous record in determining what to do. That being said, if there are evidentiary issues with your case, an attorney would be able to leverage them in speaking with the prosecutor. The most obvious question is why did the officer search your...
In my opinion it would be beneficial to you to hire an OVI attorney with experience in Franklin County Municipal Court.
If there are issues with the BMV Form 2255, an attorney may be able to get your license back for you at your arraignment. Given your question, that would help you tremendously.
In addition, an experienced attorney may be able to help reduce your charge and the length of any future suspension.
If you have additional questions, please feel free to contact me.
It looks like your son could be charged with multiple offenses based on the circumstances you described. Theft, possession of criminal tools, receiving stolen property charges and potential weapons charges come to mind.
The amount and severity of the charges and potential penalties would depend on the value of the items and additional details regarding the incident. However, you probably do not want to speak too much more about those details online.
If you would like to discuss your son'...
In my opinion, the assault charge is the more serious of the two and if you plead guilty or are convicted of it, will make it difficult for you to get into the military or potentially get any other job. It would be on your criminal background for the rest of your life.
Given the difference in your version and what the cop was telling you, this will not be an easy case. It will likely take multiple court dates and potentially a trial to sort out.
If you meet certain financial guidelines (...