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Second offense OVI, would trying to get started in counseling before pre-trial help get less jail time?

Ashtabula, OH |

Got 1st OVI 2007, plead no contest. Just stopped last week for 2nd. Given ALS but I did submit 3 times for breathalyzer but got invalid sample. Did poorly on FTS but first try was in 6" heels. Tried again an hour later & thought I did ok, but officer report says the 2nd time had similar findings to first attempt, but didn't write specifics. I know it will not go well for me, even with a lawyer. I am wondering if I were to try & set up alcohol counseling before my pre-trial if that might be favorable & help reduce jail time. I could probably get 5 days off work if I had to but 10 would mean I'd lose my job.

Attorney Answers 4


  1. I am not a criminal defense attorney, but entering into counseling prior to your court date certainly would not hurt your chances. Realistically, you need to hire a criminal defense attorney if you stand any chance of influencing the sentencing. The minimum jail time for a 2nd OVI within six years is 10 days. However, an attorney maybe be able to work out a deal with prosecutor to treat (stipulate) your offense as a first OVI. This is your only chance at avoiding the 10 day minimum.

    Lastly, do not post anything else on the internet!

    Mr. Esposito is a Ohio-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Andrew Esposito does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.


  2. You should STILL hire an attorney and YES treatment is good. You should attend AA meetings, as well as taking a 3 day DIP program, as you probably did the first time. You MAY get jail credit for the DIP program, but I would talk to a local attorney who practices in that court to confirm, before you pay for it. You will be on probation, you SHOULD continue treatment AT LEAST THROUGH the the end of probation if not longer. Some courts also give you house arrest after 5 days in jail. Good luck.

    The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice regarding your individual situation. Based on this response no attorney-client relationship has been formed. If your matter is in Cuyahoga County or surrounding counties, we invite you to contact us. Please visit our website at www.kirnerandboldt.com. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time and attorney-client relationship is formed. Attorneys in this firm are only licensed to practice in the state of Ohio and have no specific information as to the laws and rules of other states and none of the information provided is intended to be applied to the laws of other states.


  3. It is always a good idea to get alcohol assessment counseling . You might find useful related information here: http://www.iv-law.com/home/criminal-defense/drug-and-alcohol-counseling
    However, an attorney can help you to reduce the charge.


  4. I don't know what court in Ashtabula you are appearing in, but I am very familiar with the county court system. Beginning a treatment program is the first step in the right direction. If you are convicted of a second offense OVI, counseling is mandatory. In addition, the mandatory minimum sentence for a refusal (which they may have charged you with under those circumstances) is 20 days in jail. The second best thing you can do is hire a good DUI defense attorney.

    Amanda Ackerman Condon
    Piscitelli Law Firm
    Cleveland, Ohio 44143
    (216) 931-7000
    amanda@feplaw.com
    www.forjusticenow.com

    This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer.

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