The first OVI i received was in September of 2008. I was 19 years old. Basically I just want to know what to expect and would appreciate any advice.
If you hire the right attorney, you may be able to expect an acquittal, with the right facts of course. If you plead guilty or are found guilty after a trial, the minimum is 3 days in jail or an alcohol class, unless you refused or took the breath test and tested over .17; in either of those cases, the minimum is 6 days. The max jail sentence is 180 days and no judge is required to give you a minimum sentence. The minimum license suspension is 6 mos. and max is 3 yrs, if convicted. Fines can range from $375 - $1075.
Every judge is different when it comes to sentencing and some prosecutors have been known to ask for more than minimums based on facts or priors. I strongly encourage you to speak with a local attorney who handles lots of OVI's in the court you are going to. I believe Mr. Hada is familiar with that court, so you might want to ring him up and talk to him directly.
Keep in mind that just because you are charged, doesn't mean you MUST be convicted. Get an aggressive and competent OVI lawyer and see if you can fight it. Call Joe Hada.See question
I have my first OVI back in 2013 and haven't gotten into trouble with the law since then until this past weekend.. I was charged with my second OVI, reasonable control and child endangerment.. I wasn't drinking so my BAC levels were .00 but I hit ...
Generally speaking, prosecutors don't like to reduce seconds. With that being said that doesn't mean it can't or won't happen.
One thing is for certain, you need not only an experienced OB I attorney, you also need an experienced ODI attorney who is competent in handling blood tests, which means they know how to read chromatograms and figure out what weaknesses there are, or possible problems with the testing.See question
My OUI I was charged with I had a few drinks that night I was pulled over on the phone, but wasn't impaired. I had just failed my soberity test that I happen to had few drinks. The disorderly conduct was caused by a riot and a group of people h...
For starters, ignore the reply that ended with "This isn't a legal question," because it IS! And it actually may be better answered by someone who does labor law as opposed to a DUI lawyer. But my question is why bother explaining it to the employer at all? If your policy manual states you have an affirmative duty to divulge criminal charges, then you should talk to a labor lawyer.
If you do have to advise your employer, I do agree that you may want to dance around the "hitting a woman" part of it. As for the OUI (which sounds like you might be from MA originally), if you pleaded guilty/no contest, then hard to claim you weren't impaired, hence the "failed my sobriety test" statement. There are other ways to phrase your facts, but I would need to know more about the specific fact pattern before I could begin to tell you what to tell the employer. But I would also stay away from telling them you had an alcohol problem but are in treatment now, unless that is an actual fact.See question
so now im finding out that when the fel ovi is dropped, that there going to be able to bring up the mis ovi! or want me to take a plea deal which is going to give me the same sentencing as the mis ovi charge1 I don't under stand this
This has some interesting facts as you present them, however I am cautious to believe that your phone is going to be dismissed.
Regardless of whether it is a misdemeanor or felony that is pending right now, you need to have an OVI lawyer who knows what the hell they are doing.
As for double jeopardy, a voluntary dismissal of the misdemeanor, by the state, does not create a jeopardy issue on the misdemeanor. Nor will the voluntary dismissal of the felony necessarily create jeopardy, at least no jeopardy issues as long as a jury has not been sworn in or the first witness called in a bench trial.
It clearly sounds like your facts deserve a good consultation with a well experienced OVI lawyer.See question
he was not under nor was he served with a warrant. he refused the cop left the hospital gave him a shot of morphine then took the sample the police got the warrant the next day.
As Mr. Rudes indicated, it is quite easy for the po po to get lab results from a hospital. The problem for the State is that those results may be MEANINGLESS when it comes to prosecuting an OVI. For starters, if they want to introduce the results, the State will need an expert to interpret the results. They will also need to establish a chain of custody, which is likely IMPOSSIBLE.
If the person sustained serious injuries, that could also work heavily in the individuals defense. I have personally won an Ohio OVI charge where the po po got my clients lab results from the emergency room, which suggested my clients ETOH (ethanol) level was a .342. By the time I was done cross-examining the Prosecution's EXPERT witness (who had a Ph.D. in toxicology), client was found NOT GUILTY of OVI and everything else he had been charged with.
These cases can seem daunting on their face but if you hire someone who knows science and how to try a case, you MAY end up with good results.See question
I was convicted of DUI (1st) in 2005 in Orange County FL. I now live in Ohio and am trying to get my license and can't get through the red tape in Florida. They are requiring an Interlock device for 1 year but I don't own a car and need to driv...
Ohio will not issue an OH license so long as the license from another state (FL) is suspended or is showing a block. So, I would first check with the FL DMV to see what THEY say you need to do to clear the block from FL. If FL requires 1 year of interlock as a result of the OVI suspension, there may be no way around it. Another consideration is that as an Ohio resident, you may have problems renewing the FL license, even with the interlock.
It may very well prove helpful to hire an attorney in Orange Cty, FL to help you navigate through this problem. I STRONGLY recommend David Katz, who practices in Orange County, FL. I know him personally and know that he is recognized in FL for his knowledge and skills in handling FL DUI matters. His phone number is (321) 332-6864. Best of luck.See question
I was convicted of a DUI recently. I am on probation for a year and have to do weekly AA meetings for 90 days. I did the 3 day DIP and they recommended to my PO that I have an assessment done. I paid for an hour long assessment that only lasted 15...
First of all, It sounds like the attorney from CA who posted an answer should be working hand in hand with the person who did your assessment. That answer wasn't helpful, in my opinion.
I strongly recommend getting a new assessment from an unbiased assessor. You might want to call Cleveland attorney Mark Gardner or Ken Bossin to see if they can recommend anyone. Mr. Gardner and Mr. Bossin are both extraordinary DUI defense lawyers and can help steer you in the right direction.See question
She was speeding, not driving erratically, pulled over. Officer states he smelled alcohol, subjected her to 5 sobriety tests, which she passed. She refused the breathylyzer cuz she has been told multiple times "don't ever blow." She was arrested...
I was just in Athens Municipal Court 3 weeks ago and got a better deal than that. With that being said, my client had better facts. The burden to arrest an individual under the age of 21 is very low for the State to meet. With that being said, the burden on the State at trial is still Proof Beyond a Reasonable Doubt.
Your daughter may have a very good case to take to trial, but that is not evident from the few facts that you have provided. You said she passed the field sobriety tests; I'm guessing the officer has a different opinion since he arrested her. His opinion can certainly be challenged at trial through a vigorous cross-examination, but this generally requires hiring a lawyer who has a verifiable record of actually trying cases and not just going in and begging for a deal.
There are attorneys in both Columbus and Cincinnati areas who will travel to Athens if you can't find a local attorney that you are comfortable with, but it sounds like it's time to lawyer up regardless.See question
I was pulled over 2 weeks ago and charged with first and last ovi offense and I blew 0.9, and I'm so stressed and afraid, but I hired a experienced lawyer because I can't afford dui in record because I work in the health field and I'm studying hea...
Generally speaking, a reckless driving will come with a 6 month license suspension, dated back to the date of offense (you would get work & school privs and maybe some other privileges), a suspended jail sentence along with a 3 day alcohol class and a fine of 250.00 plus court costs ($110.00 in Cincinnati).
Now that is USUALLY the sentence, talk to your attorney and let them finish the job you hired them to do, as they appear to working hard for you so far.See question