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Danny James Weisenburger
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Danny Weisenburger’s Answers

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  • If I want my boyfriends DV case dismissed and I am the victim how does me putting in my statement that I would lie help him

    How does me putting in the statement as well as text messages that I will "lie to the police" help him and not harm me? I know I can't say the whole thing was a lie because then I would be falsifying a police report, but if I decide that I want to...

    Danny’s Answer

    If you have made any statements to the police that could be false, you have a right under the 5th Amendment to the United States Constitution to refuse to testify (on the grounds that you may incriminate yourself by testifying). You need to consult YOUR OWN attorney in order to do this effectively and to fully understand the situation.

    Dan J. Weisenburger
    Attorney at Law

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  • Can I reinstate my license with any fee or anything at all before my 90 days is up?

    I rear-ended a man September 14th, 2014. My court date was yesterday October 15th, 2014. I turn 18 next week October 23rd, 2014.

    Danny’s Answer

    You can check the status of your license and see what fees you would have to pay by going to the Ohio BMV website at http://bmv.ohio.gov/ and clicking on "Online Services" then "View an Unofficial Copy of Your Driving Record".

    Dan J. Weisenburger
    Attorney at Law
    Board Certified Criminal Defense Specialist in Ohio

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  • I have an arraignment tomorrow for taking a controlled substance into a prison. I thought it was ink. How do I plea?

    I have no priors and unemployed.

    Danny’s Answer

    Enter a plea of Not Guilty. Make no statements. If you cannot afford to hire an attorney, ask the court about their procedure for applying for a court-appointed attorney.

    Dan J. Weisenburger
    Attorney at Law

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  • My friend got an OVI in Ohio.

    He has two charges when i pull up public records, one says 4511.19 a1a-ovi impaired and the second says 4511.19 a1h --ovi per se breath high levels. Each has 6 point violations. Does this mean that he could get 12 points? Does Ohio charge highe...

    Danny’s Answer

    The penalty charts for an OVI in Ohio can be found at www.ghmc.org under Ohio Impaired Driving Law.

    Dan J. Weisenburger
    Attorney at Law

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  • My boyfriend is on probation for criminal damaging which is a m2. He was arrested for violating probation first offense . ???

    what will be his punishment ? he has been in jail 12 days awaiting court .

    Danny’s Answer

    The two previous attorneys answering your question are right on point, as many judges will either consider imposing the entire balance or adding additional restrictions or requirements. However, it also depends on what your boyfriend actually did to violate probation, as well as the input of the probation officer assigned to his case.

    Dan J. Weisenburger
    Attorney at Law

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  • Would I be given mandatory drug testing

    I have been brought up on two counts of intent to assault and the (victims) which are my father and brother are saying that I was under the influence of some type of substance when the incident accrued however I was not and at the time of arrest n...

    Danny’s Answer

    If you enter a plea of guilty to a criminal offense of any sort OR are found guilty of such an offense, the court MAY order an assessment for drugs/alcohol or require treatment. All this is something your attorney should be negotiating in your case.

    Dan J. Weisenburger
    Attorney at Law

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  • Is there anyway I can get Domestic Violence Charges dropped if there is a history of abuse from the alleged victim?

    My boyfriend and I were together for about 18 months and throughout that time he has been abusive to the point that he has given me bruises and once he even gave me a black eye (I've never hit him back before). Recently we broke up and decided tha...

    Danny’s Answer

    The issue in your case will not be whether your boyfriend had a history of past abuse. That is only a minor factor in the whole scheme of things. The bigger question is whether or not you caused or intended to cause physical harm to him, and if you were in a position to claim self-defense. If so, then your knowledge of his past abuse may become relevant. Domestic Violence is not a charge that should be taken lightly. With a Domestic Violence on your record, any subsequent Domestic Violence charge is automatically a felony. Such a charge may also affect you in the future when it comes to such things as custody, employment, etc.

    I strongly suggest that you consult an experienced criminal defense lawyer in your locale.

    Dan J. Weisenburger
    Attorney at Law

    www.OhioCrimeLawyer.com

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  • Signed witness statement stand up in traffic court.

    Will a signed witness statement stand up in traffic court to help prove "a not guilty" of a traffic ticket. I was in the right lane, traffic was moderate, a vehicle past me in the left lane and one was right along side me going the same rate of sp...

    Danny’s Answer

    No. Such a statement would be prohibited by the rule against hearsay, since the other party (prosecutor) would not have the opportunity to cross-examine the witness if he/she is not there in person.

    Dan J. Weisenburger
    Attorney at Law

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  • Do I have a case and how do I find an attorney to take my case.

    In 2008 I had a c- section and my cervix was swollen so that why I had a c- section in the first place. After that my hip begin to have pain. In 2009 I had another c- section and my tudes tided. My pain in my hips got worst and every time I cough ...

    Danny’s Answer

    Your question is posted under Criminal Defense and probably won't be answered unless you re-ask the question under the Medical Malpractice category. Good luck.

    Dan J. Weisenburger
    Attorney at Law

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  • I got an underage at a bar after the bartender's and my car's were vandalized

    I was drinking at a bar with some people i knew and they got cut off and kicked out for the night, they were mad at the bartender and mad i wasn't kicked out so they vandalized our cars, i waited for the police to give them information about our c...

    Danny’s Answer

    Since your question was asked under the DUI category and you are 19 years old, I assume that you were charged with an Underage DUI under Ohio law. If so, the prosecutor would be required to prove that you were OPERATING the vehicle and that at the time of the operation of the vehicle you were either under the influence or had a prohibited alcohol concentration in your system. In other words, the prosecution cannot prove an OVI unless they can tie it to operation. You should consult an experienced OVI attorney in your area.

    Dan J. Weisenburger
    Attorney at Law

    MEMBER: National College for DUI Defense

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