Michael Stephen Probst’s Answers

Michael Stephen Probst

Columbus Criminal Defense Attorney.

Contributor Level 6
  1. I was arrested for dui. I was sleeping in car. can I be convicted for dui?

    Answered over 1 year ago.

    1. Chester Leroy Palumbo
    2. Michael Stephen Probst
    3. Dean George Tsourakis
    4. James Lyle Dye Jr.
    4 lawyer answers

    The short answer is yes; however, the State will have to prove that you in fact operated the vehicle and the time of operation in order to gain a conviction for DUI / OVI under Ohio Revised Code Section 4511.19. What you may likely be guilty of is the charge of Physical Control of a Motor Vehicle While Under the Influence under Ohio Revised Code Section 4511.194. The State will have to prove that you were in the driver's position of the vehicle and that you had access to the keys to the vehicle....

    10 lawyers agreed with this answer

  2. What would be the penalty for underage drinking as a first time offender?

    Answered over 1 year ago.

    1. Donald Michael Gallick
    2. Michael Stephen Probst
    3. Dennis Edward Sawan
    4. Robert William Dziech
    4 lawyer answers

    This offense is a 1st degree misdemeanor in Ohio and is punishable by up to 180 days in jail and a $1,000 fine. Anywhere close to the maximum penalties for a 1st time offender is highly unlikely. There may even be an option for diversion in your area for such an offense, which might result in a dismissal of the charge. Remember that if the charge is ultimately dismissed you will need to seal the record of dismissal on the court's website - it doesn't automatically disappear.

    7 lawyers agreed with this answer

  3. My friends had comitted a crime then i picked him up then get pulled over also claimed to be involed when i didnt do nothing

    Answered over 1 year ago.

    1. Jarod M. Calkins
    2. Frank Mascagni III
    3. Kevin H. Pate
    4. Michael Stephen Probst
    5. David B. Carter Jr.
    5 lawyer answers

    You definitely need to consult with counsel immediately. It appears you may have a factual defense to the charge. A good lawyer will explore your defenses. In the meantime, it would be wise to refrain from speaking with ANYONE about this matter until you consult with counsel!

    8 lawyers agreed with this answer

  4. 2nd OVI charge in 6 years--- refusal to blow or do field sobriety.

    Answered about 2 years ago.

    1. Neil Scott Rubin
    2. Michael Stephen Probst
    3. Christopher Lee Beck
    4. Andrew Richard Bucher
    4 lawyer answers

    My general advice to clients across the board is that submitting to a breath test can only result in providing the State of Ohio with additional evidence of guilt. I believe that refusing the breath test and remaining silent is one's best advice if arrested. However, you should know that refusing a breath test or other chemical test carries a stiffer length of pre-trial administrative license suspension imposed by the BMV as well as a longer period of time to wait before being granted pre-trial...

    4 lawyers agreed with this answer

  5. Court fine for 3 dui

    Answered over 1 year ago.

    1. Andrea E. Mertz
    2. Thomas J. Wagner
    3. Daniel Nelson Deasy
    4. Michael Stephen Probst
    5. Mark Copoulos
    5 lawyer answers

    The other option you have is to perform community service hours in lieu of payment of a fine and court costs. You should check with the court to see if this option is available.

    5 lawyers agreed with this answer

  6. Are my charges expungeable?

    Answered over 1 year ago.

    1. Michael Stephen Probst
    2. Christopher Lee Beck
    2 lawyer answers

    If these all arose out of the same incident then they will be counted as 1 conviction. None of these offenses is automatically precluded from expungement, unless the victim of the offenses was under 18 years of age. These should all count as 1 misdemeanor. To be an eligible offended you can't have more than 2 misdemeanors that are not of the same offense or not more than 1 felony and 1 misdemeanor. Knowing anything else that might be on your record is necessary to give you a definitive answer...

    3 lawyers agreed with this answer

  7. How long does a DUI stay on your record (driving and municipal court) that happend 3 years ago.

    Answered 4 months ago.

    1. Jessica G. Fallon
    2. David Michael Gast
    3. Matthew Oberlin Williams
    4. Christopher Lee Beck
    5. David Charles Shook
    6. ···
    7 lawyer answers

    Under Ohio Revised Code Section 2953.36, offenses under Chapter 45 of the Ohio Revised Code can't be expunged. Since an OVI offense (R.C. 4511.19) falls under Chapter 45 of the Ohio Revised Code, it is precluded from expungement. I'm sorry to report this.

    2 lawyers agreed with this answer

  8. Is it possible to submit a request for criminal record expungement in Ohio from New York?

    Answered over 1 year ago.

    1. Matthew Charles Bangerter
    2. Mark Jon Wieczorek
    3. Donald Michael Gallick
    4. Michael Stephen Probst
    4 lawyer answers

    I have handled expungements successfully throughout Ohio in my career and depending on the jurisdiction, a hearing may not be necessary. Sometimes the application process is quite simple; however, we always prepare detailed motions on behalf of clients because we want to get it right the first time and get the matter expunged for the client. Take a look at my website for additional information regarding ecpungements. Thanks.

    2 lawyers agreed with this answer

  9. My brother is a convicted felon that was arrested on an m1 dv. what is his possible sentence?

    Answered over 1 year ago.

    1. Chase Randall Carter
    2. Michael Stephen Probst
    2 lawyer answers

    Your brother also needs to worry about whether he is on community control to a court or post release control to the State of Ohio for the felony because a new arrest could be a violation of either that could result in a violation and the imposition of prison time. Also, a domestic violence conviction is an enhanceable offense, meaning that some subsequent offenses of violence can be charged as felonies. It would be wise for your brother to speak with an attorney.

    2 lawyers agreed with this answer

  10. I got pulled over like 7 years ago with a less than agram do I have a warrant in ohio. I went to jail got out on bond but neve

    Answered over 1 year ago.

    1. Christopher Lee Beck
    2. Thomas G. Briody
    3. Michael Stephen Probst
    4. Kathryn Mary Holton
    4 lawyer answers

    If the drug involved is something that would make the charge a felony offense then perhaps you are checking in the wrong court. You could have been indicted in the Court of Common Pleas and not know it. You may see your arrest in the Municipal Court; however, you should check the Court of Common Pleas. If that fails, you can contact local law enforcement to see if there is an active warrant for your arrest.

    2 lawyers agreed with this answer

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