-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Joseph Bernard Suhre IV's Answers
- 13 Legal Answers
- 0 Legal Guides
3
Attorney answers:
If a DUI suspension has been up for a few years, are you still required to pay reinstatement fees when applying for a license?
Typically the reinstatement requirements for a DUI suspension are 1) to show current proof of insurance and 2) pay the reinstatement fee. If the suspension time is over, he will be able to reinstate his license without asking the Judge's permission, but he will still have to comply with the administrative requirements mandated by the BMV. His reinstatement fee will most likely be $425, since his DUI conviction was prior to 9/30/08 but after 11/3/00. It has since gone up to $475.
1
Attorney answers:
My boyfriend is on probation and just got a DUI. how much jail time is he looking at?
For the DUI, assuming it is not a felony and he doesn't have more than 1 prior in the past six years - he is looking at a maximum of 6 months in jail. If its a first offense and a low tier test or a refusal without a prior in the past 20 years, he is facing a minimum of 3 days in jail or a Driver's Intervention Program. If it is a second offense in the past six years and a low tier test, a minimum of 10 days incarceration. If it was a high tier or a refusal, 20 days. A low tier test is a ....
2
Attorney answers:
Is my license suspended before Igo to court for a DUI?
If a person refuses to submit to the test or submits to the test and tests over the legal limit, the person’s license is immediately suspended. The suspension is called an Administrative License Suspension. It is not imposed by a Judge, but by the Ohio Bureau of Motor Vehicles. The police officer acts as the BMV’s agent when they impose the suspension. Because it is not a judicial suspension and is instead imposed by an administrative agency (the BMV), it is called an Administrative License...
3
Attorney answers:
Dui
In order for a police officer to initiate a traffic stop, they need either reasonable suspicion that you are engaged in criminal activity or probable cause to believe you have committed a traffic offense. The officer is not going to "smell" the NA beer until after he has pulled you over. However, just having the odor of beer, whether NA or otherwise, may not be enough for the officer to have you perform field sobriety tests. To have a person perform field sobriety tests, the officer must...
1
Attorney answers:
Can you get dui espunged in ohio;
Unfortunately, in Ohio, DUI offenses are never expungable and would make you ineligible for expungement of any other offense on your record. Pursuant to 2953.36(B), a conviction for a violation under chapter 4511 (DUI) or a substantially similar municipal ordinance, is ineligible for expungement. Regardless, a common misconception is that you can expunge an offense when you have more than one offense on your record. You must be a "first offender" to be eligible for expungement. "“First...
2
Attorney answers:
I rufused breathalizer test after bogus trafic stop and was arrested OWI how do I beat this?
Primary issues that will need to be addressed before a trial: 1) did he had the right to stop you, speed measured by laser/radar? Was he trained? Was the unit calibrated? Did he operate it properly? 2) Once he stopped you did he had reasonable suspicion to have you take the field tests, the officer will need more than just seeing you leave a bar. 3) Did he administer them correctly, according to the NHTSA guidelines (people with back, leg, or middle ear problems may not do well on the tests)...
4
Attorney answers:
When you turn 18, does your juevenile record get erased?
If you are charged with a second DUI offense within a six year period running from the date of the first offense conviction to the date of the second offense arrest, you face stiffer mandatory penalties whether or not you take a breath/blood/urine test. If you are outside the 6 year period, but within 20 years, you face stiffer mandatory penalties only if you refuse to take a breath/blood/urine test. I spoke with an insurance underwriter, and he informed me that juvenile traffic records are...
3
Attorney answers:
Do you still have to pay an ALS reinstatement fee if you were not convicted of the DUI.
The ALS terminates by operation of law upon a conviction of OVI (or acquittal of OVI for an ALS positive, but not on acquittal of OVI for a refusal) - it does not terminate after a conviction for reckless operation. Some Judges will terminate the ALS and waive the reinstatement fee if asked, since you will also have to pay the reinstatement fee for the Class 7 suspension which is typically imposed for a reckless operation. Some will not. The only grounds you have to set aside the ALS are...
4
Attorney answers:
Is it possible to have a DUI third offense felony charge expunged from my record in ohio?
Unfortunately, in Ohio, DUI offenses are never expungable and would make you ineligible for expungement of any other offense on your record. Pursuant to 2953.36(B), a conviction for a violation under chapter 4511 (DUI) or a substantially similar municipal ordinance, is ineligible for expungement. Regardless, a common misconception is that you can expunge an offense when you have more than one offense on your record. You must be a "first offender" to be eligible for expungement. "“First...
3
Attorney answers:
Can a person be charged twice for the same offense under OH DUI laws
It is possible to be arrested for BUI by the state or local authorities and subsequently charged by the USCG under federal law. The USCG would cite you under the Federal Law, whereas the state/local authorities would have charged you under the Ohio Revised Code. I'm guessing you were stopped on Lake Erie. In Cincinnati, we rarely encounter the USCG, mostly the Ohio Dept. of Natural Resources. I would suggest contact a lawyer close to you that practices in both state and federal court.