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Questions Answered by Brian Smith Esq
2 Answers | Asked in DUI / DWI and Car Accidents for Ohio on
Q: Last evening my 19 year old son passed out while driving on interstate then when off the road striking 4 signs, a

Drainage cap and traveling 1700 feet. He was transported to hospital. Police searched his car which the found pain pills he was prescribed due to wisdom teeth out Tuesday and marijuana. He advised police he took pain pill at 11 that day and hadn’t smoke since last weekend. He consented to... Read more »

Brian Smith Esq
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Brian Smith Esq
answered on Apr 17, 2022

He should contact a local experienced OVI attorney.

At the first court date, your son will be given the opportunity to enter a plea. If he cannot afford an attorney, he can also ask the court to appoint one. To challenge the charges, a not-guilty plea would need to be entered....
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2 Answers | Asked in DUI / DWI for Ohio on
Q: I was never read my Miranda rights, but that is not in the police report. How do I prove that I wasn't?

Or do they have to prove that they did read me Miranda rights?

Brian Smith Esq
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Brian Smith Esq
answered on Jan 10, 2022

Miranda advisements must be read prior to a custodial interrogation. They do not generally need to be read during a routine traffic stop, at least not before a person is placed under arrest. An experienced OVI attorney would obtain a copy of any video of the incident, if available, and evaluate... Read more »

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1 Answer | Asked in DUI / DWI for Ohio on
Q: I'm black male 39, pulled over in the line at a fast food restaurant for an OVI. I blow a .106 should I get legal aid?

This my first offense of this nature, I believe I passed all of the road side test they gave me. It was newyears so I was honest about having something to drink but I don't believe that I was impaired to the point where I was a danger to myself or anyone.

Brian Smith Esq
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Brian Smith Esq
answered on Jan 3, 2022

Hiring an attorney seems to make sense in light of OVI charges that carry with them the potential for jail, probation, fines, a license suspension, and a conviction that cannot be expunged/sealed. You can of course search of a local OVI attorney to hire or you can ask the court for an appointed... Read more »

1 Answer | Asked in DUI / DWI for Ohio on
Q: My friend has been charged with a first time OVI between .08-1.7 BAC in ohio. Is this something worth fighting?

She has her arraignment tomorrow. She is struggling financially and is hoping to do anything to have her charges reduced. She couldn't see well on the street she was on due to lack of lighting, and she went to turn around in a driveway , and there was a ditch right next to the driveway. Her... Read more »

Brian Smith Esq
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Brian Smith Esq
answered on Dec 22, 2021

The court will advise her of her right to an appointed attorney if she qualifies. Courts will typically enter a not-guilty plea, and then give the person the opportunity to complete a financial disclosure form to determine whether they qualify for appointed counsel.

When a person enters...
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1 Answer | Asked in DUI / DWI for Ohio on
Q: I got a dui in OH but am a CT resident, what happens with the CT penalties when I have my residency changed to OH?

Ohio is not requiring me to have an IID in my vehicle but Connecticut is, I am planning on changing my residency to ohio will I still need to get an IID for Connecticut?

Brian Smith Esq
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Brian Smith Esq
answered on Nov 4, 2021

This question was listed in Ohio, but seems to be a question of Connecticut law and procedure. You would want to talk to a Connecticut attorney about the impact of the Ohio DUI in Connecticut.

1 Answer | Asked in Criminal Law for Ohio on
Q: Couple both charged with misdemeanor one child endangerment. Is there anyway i can make a plea to get hers dropped.
Brian Smith Esq
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Brian Smith Esq
answered on Nov 18, 2020

If you have been charged with child endangerment, you should get an attorney. If you cannot afford one, you can ask the court to appoint one. I do not know enough about your case to answer whether the State would drop charges against one parent if the other parent pleads. It does not typically... Read more »

1 Answer | Asked in DUI / DWI for Ohio on
Q: I am applying for a school bus driving job. I had a DUI 15 yrs ago. Will this show up on the abstract?
Brian Smith Esq
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Brian Smith Esq
answered on Nov 18, 2020

In Ohio, traffic offenses - including DUIs - remain on a person's record. They do not drop off at any time in terms of background checks. However, auto insurance companies typically only look back so far. One would expect that a school would see a prior Ohio DUI conviction if it ran a... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: Can a judge order payment before my final pre-trial?

I have a pending final pre-trial for a DUI on Thursday. My public defender said I have to pay $400 by that day to stay out of jail. But he doesn't have an order from the judge.

Brian Smith Esq
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Brian Smith Esq
answered on Nov 17, 2020

You should clarify this with the attorney you already have.

In my experience, I am familiar with a court that will permit a reduction of an OVI when the prosecutor agrees, but only if the person is able to pay a portion of their fines at the time they enter the plea to the reduced charge....
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1 Answer | Asked in Employment Law for Ohio on
Q: Can I be denied unemployment if I have 2 jobs?

I work for a local school district, in which is paying me $650 or less bi-weekly, which is below poverty guidelines.My secondary employer is with a charter bus company, in which provided me with a mass lay off notice. Realistically, I cannot survive on $650 or less bi-weekly from the school... Read more »

Brian Smith Esq
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Brian Smith Esq
answered on Apr 29, 2020

When you file for Ohio unemployment, they look at your income and jobs during your base period. You cannot select one job or the other for them to look at. If you had two jobs and were laid off from one, they will look at both jobs.

If an employee is laid off from one job but still...
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1 Answer | Asked in DUI / DWI for Ohio on
Q: How can I handle a bench warrant if I cannot travel due to illness?

Ten years ago I plead guilty to dui. Like a fool, I didn’t pay my fines or court costs. I have been in no trouble since but I want to make everything right and get my license back. I am ill and on dialysis while I await transplant and traveling to the original court is impossible.

Brian Smith Esq
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Brian Smith Esq
answered on Apr 12, 2020

You should contact an attorney who may help you take care of this. There can be times when the only remaining thing to take care of with a case is payment of fines/costs, and an attorney can file a motion along with payment of the outstanding costs to get the court to withdraw the warrant.... Read more »

1 Answer | Asked in Traffic Tickets for Ohio on
Q: can a non police officer issue a ticket in ohio?

i have been issued a ticket by a non police officer .

Brian Smith Esq
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Brian Smith Esq
answered on Mar 3, 2020

That is an unusual question. It might help to answer your question if we knew who issued the ticket. Just a citizen? Security guard? Of duty police officer? Was it a traffic ticket or a criminal charge? You may want to consult with a local attorney about the issue.

1 Answer | Asked in DUI / DWI for Ohio on
Q: I was pulled over 2 day ago with marijuana and open containers of alcohol i’m 18 had a bac of 0.10 should i plead guilty

cop said i swerved one time. failed one part of sobriety test because of harsh wind and it was freezing. i had a small amount of marijuana, a pipe, 2 open containers and one unopened. should i i plead guilty

Brian Smith Esq
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Brian Smith Esq
answered on Nov 29, 2019

You should talk with an experienced OVI attorney immediately and certainly before entering any plea. You do not want to give up your rights without exploring what they are, what happened and what you are charged with.

2 Answers | Asked in DUI / DWI for Ohio on
Q: Need help with my case ovi and speeding

Speeding 81 in a 60 and ovi number 2

Brian Smith Esq
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Brian Smith Esq
answered on Nov 10, 2019

Yes, if it is your second OVI then you should contact an attorney immediately. You could use the find a lawyer link here.

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1 Answer | Asked in Criminal Law for Ohio on
Q: What are the penalty options for petty theft of 30 dollars for a first offender?

Theft was for two sleeves of golf balls which contain 3 balls in each sleeve for a total of 6 golf balls. Retail cost of two sleeves is probably about a total of $30 dollars.

Brian Smith Esq
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Brian Smith Esq
answered on Nov 9, 2019

Theft for this low of an amount is called petty theft, but it is a first-degree misdemeanor for which the maximum penalties are $1,000.00 and six months in jail. Of course, with this being a first offense the maximum penalties are not a probable outcome, but it is possible that the court could... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: I have never been in trouble I have a clean record but now I'm being charge with 2921.31. What kind of sentence is it
Brian Smith Esq
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Brian Smith Esq
answered on Oct 10, 2019

Revised Code 2921.31 refers to "Obstructing Official Business.". This is typically a second degree misdemeanor, which carries a penalty of up to 90 days on jail and up to a $750.00 fine.

If the violation created a risk of physical harm to another person, it can be charged instead...
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3 Answers | Asked in Criminal Law for Ohio on
Q: It it’s her word against mine. No text, no encounter. What are the odds of justice when that happens.
Brian Smith Esq
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Brian Smith Esq
answered on Oct 9, 2019

There is not enough information here to be able to answer your question. You raise an issue that often comes up in criminal cases though - is witness testimony enough to convict without other evidence? The answer is that it can be enough. Criminal cases may ultimately result in a jury trial.... Read more »

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2 Answers | Asked in DUI / DWI for Ohio on
Q: In Ohio, do OVI’s cross county lines when doing sentencing?

I have one OVI in Franklin County and just received my second in Delaware County. Will that count as 3? The first was in 2015, 2017, and now.

Brian Smith Esq
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Brian Smith Esq
answered on Aug 16, 2019

Yes, when determining the number of priors for the purpose of determining mandatory minimum penalties an Ohio court will not only look to prior convictions anywhere in Ohio, but it may also look at "equivalent offenses" from other states.

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2 Answers | Asked in Criminal Law and Traffic Tickets for Ohio on
Q: If my liciense are suspended and i have a warrant how can i get the block off completly

I have a warrant block from one of my tickets i didnt pay now tgey asking me to turn myself in

Brian Smith Esq
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Brian Smith Esq
answered on Apr 15, 2019

That attorney could file a motion to lift the warrant. These are frequently granted when a court sees an effort to resolve the ticket. A court may then schedule a pretrial where that attorney can work to resolve the ticket too. If the court will not withdraw the warrant, an attorney could help... Read more »

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3 Answers | Asked in Criminal Law for Ohio on
Q: How much can or will legal aid help you?

F1 case, my girlfriend is being charged with complicity to aggravated robbery. 100,000 bail.

Brian Smith Esq
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Brian Smith Esq
answered on Jan 19, 2019

There are legal aid groups and there are appointed attorneys. If someone is charged with a crime, they may ask the court for an appointed attorney. Courts will typically have the person complete a financial affidavit to determine whether they financially qualify. If they do, the court will... Read more »

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2 Answers | Asked in DUI / DWI for Ohio on
Q: Do I owe a reinstatement fee after I complete my Intoxalock in Ohio?
Brian Smith Esq
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Brian Smith Esq
answered on Dec 20, 2018

The Ohio Bureau of Motor Vehicles web page allows you to view your suspensions and reinstatement requirements. You may find this by searching for Ohio BMV Online Services.

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