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Do judges commonly take into consideration whether a person is a student before sentencing them? I am awaiting trial for a DUI

Cleveland, OH |

I am awaiting trial for a second DUI. If I am convicted, do judges take into consideration whether a person is a full time student or do they generally not care? You would think a judge would want to keep people in school and not interfere with societal goals such as achieving an education.... Just wanted to know what to expect!

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Attorney answers 2


Judges have wide discretion when sentencing offenders. That discretion is not unlimited however. OMVI, in Ohio is an enhanceable offense. That is the State mandates harsher penalties for repeat offenders. Moreover, while the court may consider mitigating circumstances it may accord more weight to other considerations such as, the time, manner and context within which your operation of the motor vehicle took place.

If you have an attorney they should be able to answer more fully (and per the Rules of Professional Responsibility I couldn't comment further Rule 4.2 states: COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order).

If you do not have an attorney, you do NOT want to try to take this trial on your own, GET ONE!

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Judges must take a number of things into consideration when determining an appropriate sentence. In OVI cases judges are bound by minimum sentences which have been mandated by statute. On a second offense within 6 years, the mandatory minimum could be as much as 20 days in jail. To view OVI penalty charts, go to

Todd Bruce Kotler

Todd Bruce Kotler


Jon Saia is an OVI defense stud! Much of what I know (or purport to know) about OVI defense, I've stole . . . er learned from reading Jon's articles and commentary.