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Charles Melville Rowland II's Answers
Contributor Level 10
- 42 Legal Answers
- 12 Legal Guides
2
Attorney answers:
Should I send this letter or just wait for the atty?ty so much!He was charged w/misdeamor hit&skip,walking intoxicated on rd.6pt
Sending this letter without talking to your son's attorney would be a monumentally bad idea. Good intentions do not a legal strategy make. Criminal charges affect the entire family, but only one person bears the burden of the punishment. Please speak with his attorney before sending this letter. Best of luck!
Selected as best answer
3
Attorney answers:
Physical control still considered an OVI
The BMV sends out an initial letter upon receiving the Automatic License Suspension information informing you of your ALS suspension. The initial information is sent based on the charge of OVI. Therefore, your letter may say "first OVI" when in fact your "record" will reflect the reduction to Physical Control. Physical Control is a separate (and very much better) charge than OVI. DUI is O.R.C. 4511.19 and P.C. is O.R.C. 4511.194. It is not the same thing to the BMV.
1 lawyer agreed with this answer
3
Attorney answers:
ALS fine - was told it was waived & terminated but it wasn't
This question should be answered by the attorney that represented you. He or she will have the best recollection of what was said in court and what you did not did not get told at the time of the plea. Another place to look is at the Judgment Entry that resulted from your appearance. It sure looks like your attorney did a fine job in saving you from a DUI conviction.
1 lawyer agreed with this answer
3
Attorney answers:
I was arrested for an OVI, the paperwork had the wrong month in the date (October instead of November). Is this important?
From your question I surmise that the error did not occur on the charging document (the ticket) but on another piece of paper that you signed. If that is the case then you would not likely prevail by challenging this error. If, however, the officer's report, the 2255 (goldenrod paper) and the ticket all have the incorrect information, then the prosecution may have a problem establishing the correct date of the offense. The officer may testify to the incorrect date at a motion to suppress...
1 lawyer agreed with this answer
1
Attorney answers:
Can I request to see sheriff's cruiser cam video myself?
You must file a valid request for criminal discovery pursuant to Ohio Criminal Rule 16. You only get what you ask for and you must be specific enough for the prosecutor to know what you want. Further, the prosecutor is under no obligation to give you a copy, but only to make it available to you. You need an attorney and it is foolish not to hire one. I dare say that you will not know what to look for when you see the video because you won't know the proper NHTSA procedures, whether there...
2 people marked this answer as helpful
3
Attorney answers:
I have 3 misdemeanor[Drug]DUIs,No alcohol involved.I never hear anyone but me with this offense.
It is unusual in Ohio to have a DUI conviction based on drugs (see my previous posts). DUI in Ohio is not subject to expungement. Your record can follow you and many professional licenses can be placed in jeopardy due to a DUI conviction. You should contact an Ohio attorney near your home in Sandusky to discuss your rights and your cases.
1 lawyer agreed with this answer
3
Attorney answers:
Will I lose my liscense
I am writing to point out that the best answer to this question will come from your attorney who knows you, the court and the facts of the case. All answers given here are right on point and the attorneys giving them are first-rate, however, you are lucky enough (based on your question) to have the advice of counsel. I encourage you to have this conversation with him or her. Best of luck in resolving your case.
1 person marked this answer as helpful
3
Attorney answers:
I received an OVI Refusal. I requested the Discovery. DA said there is only the police/crash report. I called Highway Patrol.
Once again, I find myself echoing the answer of Jeff Meadows. I would add that our local posts have been switching over to a new digital recording system. The adoption of that system, like any new technology, may cause problems. Absent some error you should be able to view your arrest. I would add that you need an attorney with DUI credentials and experience to review the tape to determine if it could be of help to you.
1 person marked this answer as helpful
3
Attorney answers:
This is my first OVI refusal. They charged me with 4511.19 (A). I read on this website that this section requires that you have
There are two methods of charging an OVI (drunk driving) offense pursuant to O.R.C. 4511.19. First you could violate a the law by testing over the .08 BAC limit. Secondly, you could be deemed impaired. If you are impaired, but do not test, you are usually charged with a violation of O.R.C. 4511.19(A)(1)(a). The second method of charging is usually included on a ticket so that you have two OVI offenses, only one of which you may be convicted of (the test section and a no-test section). I...
1 person marked this answer as helpful
3
Attorney answers:
Did Police have enough reason to stop and administer field sobriety tests? & is filing a motion to suppress typical w/ovi case?
A good DUI/OVI attorney will challenge the "tip" or "tips," and the reasonable articulable suspicion to remove the woman from her car to administer field tests. A good DUI/OVI attorney will challenge the administration and validity of the field tests. A good DUI/OVI attorney will do everything to show that the test was improper and/or that the machine was not calibrated properly and/or that the machine was malfunctioning and/or that the breath test was improper for other reasons. Most of...
1 person marked this answer as helpful