I know that it's all subjective however, is there a study that's show percents that people will like have a certain one of these signs based on the BAC?
I know of one expert witness who will opine that slurred speech typically doesn't occur until an individual is 0.15 or higher. With that said, speech can be affected at different levels of alcohol consumption for different individuals.
Bottom line is that 99% of the written reports indicate red, watery, bloodshot or glassy eyes. It is generally impossible to disprove (unless there is a great booking photo) and likewise, is equally as difficult for the State to PROVE. Also, glossy or glassy eyes is a COP TERM and not found in medical journals or dictionaries. Cops use that term to describe watery eyes, because they apparently think it sounds better in court.
As for slurring, it has been my experience (in handling approximately 2000 OVI cases) that when there is NO VIDEO, you will see reports that indicate slurring. Lack of video is a license to embellish (aka lie).See question
Like video, checkpoint info, breath machine info etc.
Not necessarily. Sometimes the prosecutors will provide discovery at a pretrial. Generally, it varies from one court to the next. Also, the amount of discovery could determine how quickly it is provided. Keep in touch with your attorney in order to stay up-to-date with the status of your case.See question
I took a field sobriety test and the cop said I failed every part of the test. I thought I did fine also I only blew a .13.
The field sobriety tests have not been validated to determine impairment. They are only a tool to help the officers determine whether or not you're likely over a specific blood alcohol level, namely .10 according to the original studies. Or at least this is what the original training manual and underlying data from the original studies suggest.
It is also common for officers to suggest that you did poorly on all fields are Bridie tests as the report is written after they have arrested you so it is likely that the reports are going to have information that supports their decision to take your liberty away.
I would strongly recommend hiring a local attorney who has a reputation for fighting movie I charges and going to trial. Just because the breath test results says you're a .13 doesn't necessarily mean that it is so. Additionally, your performance on the field sobriety test was hopefully preserved by video and if the test were not administered to you properly they cannot be used against you for purposes of probable cause and potentially for purposes of trial.
This response was sent from my iPhone, so please disregard any typos or other errors.
I have a good job, enrolled in college, CEO letter of recommendation, and a clean record besides dui's. Will I be eligible for work release?
You need to get someone who has extensive experience in actually trying OVI cases. On a 3rd in 6, there is a mandatory 30 or 60 days of jail (depending on how you are charged). During this minimum mandatory jail time, you can NOT get work release. And generally speaking, Hamilton County doesn't give work release anyway.
Realistically, if you get convicted, you may be ordered to do Men's Extended treatment which is more than 60 days (with NO work release).
You need to call an attorney who knows what they are doing immediately. I personally have more OVI trial experience than anyone around.See question
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