Robert Francis Healey Jr.'s Answers

Where can I find DUI checkpoints for Montgomery County for 11/24/2010?

I agree with Mr. Meadows. If anyone is giving unlawful or unethical advice it is the lawyer unlicensed in Ohio giving legal advice here. That could be construed as the unauthorized practice of law in Ohio by a lawyer from another jurisdiction. If he was licensed in Ohio and limited his practice to OVI defense, he would know that to be valid a checkpoint location must be made known in advance to the public. This is to ensure the reasonable expectation of privacy of Ohio drivers is...

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Do I need a lawyer/ attourney?

Call a Lawyer. If you are convicted of Underage Possession in Ohio in violation of ORC 4301.69 it is a misdemeanor of the first degree. The possible penalties are up to six months in jail and up to a $1000 fine. The court can also put you on probation for up to five years with random urine screens, order community service, alcohol education classes, and additional treatment as recommended by probation, etc. It sounds like you are mitigating your offense in a responsible manner, but...

I was pulled over for going left of center and the officer wrote me a ticket for that and seat belt .

You should consult with a lawyer that limits his practice to DUI defense before you go to court. Most DUI lawyers are on call 24/7. With out more information it is hard to tell you what your chances of beating the charge are. However, on a first offense refusal there is a 30 day hard suspension until you can ask for driving privielges for work, school, medical, and vocational/family reasons. This pretrial suspension can be evaluated by an OVI lawyer. If there are any defects he can...

What is my chance of getting out of a dui because of diabetes?

Diabetic emergency from high or low blood sugar can manifest symptoms that mirror intoxication down to an alcohol smell on the breath. It is common confused even by highly trained medical professionals. Proper diagnosis would require blood work to be draw at the hospital. This will show the ketone level in the blood. Diabetics can have adverse and disproportional effects from even small amounts of alcohol ingested in the body. There is case law that supports a defense if the person did...

My husband was charged with DUI in 1999, again in 2004 and an OVI offence in 2005. He did NOT show up for his court date

If he failed to appear the Judge or Magistrate would have issued a warrant for his arrest. The police might come for him and arrest him. If he is picked up by another jurisdiction he can be held until the police where he missed court decide to pick him up or not. If they pick him up he can be held until the Judge sets bond. It is always best that he turn himself in rather than be picked up by the police. If he had a good reason to miss court that can mitigate this problem. You...

Single motorcycle accident. maybe dui?? how long does state of ohio have to ticket

In Ohio, R.C. 2901.13 Defines the statute of limitations for criminal offenses: (A)(1) Except as provided in division (A)(2) or (3) of this section or as otherwise provided in this section, a prosecution shall be barred unless it is commenced within the following periods after an offense is committed: (a) For a felony, six years; (b) For a misdemeanor other than a minor misdemeanor, two years; (c) For a minor misdemeanor, six months. A DUI in Ohio is a misdemeanor of the first...

OVI probation question - Is alcohol a controlled substance?

First I would tell you that it depends on what the Judge ordered at Sentencing. Sometimes they will order no alcohol to be consumed while on probation. I have also experienced that sometimes there is a misunderstanding between Judges and the probation officer when the Judge orders no alcohol. Compare this to the Judge ordering random urine screens for drugs and alcohol. Some probation officers think that when the Judge says no alcohol they are asking for random screens. That is not the...

Can someone change his plea after beeing sentenced for 4 years in prison and already is in jail?

One way a plea can be withdrawn is if it was uncounseled. Counseled has two meanings in Ohio. The first is that a person had a lawyer with them at the time the plea was entered. It is then presumed that the plea was knowing, voluntary, and intelligent. The second is that there was no lawyer, but the judge explained the rights waived by entering the plea, the potential sentence, and the person understands and agrees to waive those rights. Both of these ways are acceptable and the plea will...