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Ohio DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Ohio on
Q: I got an OVI and due to the circumstances, I'm wondering if the case could get dropped.

I was drunk and while driving two civilians boxed me in the highway and forced me to pullover. Afterwards they called the cops and they arrived. No cop saw me driving, I refused all sobriety tests, along with breathalyzer and blood test. Due to the circumstances is there a chance I could get out of... Read more »

Matthew Williams
Matthew Williams answered on Apr 19, 2022

The folks who stopped you sound like the types who will turn up to testify against you. So I would not expect a dismissal. You should hire an attorney and work this down.

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
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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1 Answer | Asked in DUI / DWI for Ohio on
Q: If someone pled not guilty and have not been sentenced can they start punishment
Matthew Williams
Matthew Williams answered on Mar 24, 2022

No. But they can put conditions on bail that may be interpreted as starting punishment. Anyone charged with a crime should work with a lawyer.

1 Answer | Asked in DUI / DWI for Ohio on
Q: Was it legal or illegal to carry a switch blade in Oklahoma in the 1960s?
Matthew Williams
Matthew Williams answered on Mar 10, 2022

Ohio attorneys in 2022 are unlikely to know the answer to this question. I sure don’t. Change your location to OK. Maybe someone will remember.

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?

Matthew Williams
Matthew Williams answered on Jan 10, 2022

They do not have to Mirandize you at all. If they do not, they cannot use your statements during a custodial interrogations against you in court. So, if you were interviewed while in custody, they can't use what you said.

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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
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
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
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 Cannabis & Marijuana Law and DUI / DWI for Ohio on
Q: Can I fight a DUI when I passed the breathalyzer but failed a blood test for marijuana?

I'm a resident of Ohio but was texting while driving in West Virginia which caused me to swerve and cross left of center. I explained this to the officer but he insisted I was intoxicated. I asked to take the breathalyzer several times but was refused. I also explained that due to previous... Read more »

Andrew Popp
Andrew Popp answered on Oct 12, 2021

If the offense occurred in WV, then you need a WV attorney. Whether or not you have any legal defenses is a complex question and requires a detailed analysis of the entirety of the situation. In short, you need to find a way to obtain an attorney. Maybe readdress your financial situation with... Read more »

1 Answer | Asked in DUI / DWI for Ohio on
Q: no ticket was issued, we told the cops the truth about there being some roaches in the car, should I tell my po?

The cops pulled me over for my headlights not being on one night. We told them about weed in the car.. After the cops took the weed they didnt issue was any tickets, should I tell my po that we got pulled over by the cops and tell him the truth?

Andrew Popp
Andrew Popp answered on Sep 27, 2021

Tough to say without the full picture. It's common for police to seize the contraband but wait until the lab results come back to formally file charges. Keep in mind that you have the right to remain silent.

Best of luck.

1 Answer | Asked in DUI / DWI for Ohio on
Q: What’s going on with ovi case

Got charged with ovi on May 8th. On July 20th my I went to court and my lawyer asked that the case be moved from mayors court to county court. The prosecutor told me to expect a letter from county court in the mail in a week. It has now been over two months and nothing and the county court says... Read more »

Matthew Williams
Matthew Williams answered on Sep 22, 2021

It's hard to say from your brief recitation of facts what is going on. But someone needs to look into it before you wind up with a warrant for missing a court date. OVI cases don't just get moved from one court to another. If it is a felony OVI it may start in a municipal court and be... Read more »

1 Answer | Asked in DUI / DWI for Ohio on
Q: i was convicted incrcerated 30 days for dui lost my ssi i thout it had to be over 30 days
Anthony Kozycki
Anthony Kozycki answered on Aug 19, 2021

I'm not sure what your question is. If you have questions regarding SSI, it would be better to contact an attorney that specializes in that field.

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Litigation and Civil Rights for Ohio on
Q: If you're indicted on a felony 4 ovi, and you don't have enough ovis to have that indictment. What happens to your case?

Its actually 2 in ten years and 3 in 20 years is what the person has. The court is trying to drop it to an unclassified misdemeanor 1 and I don't see how that is even possible considering the indictment was signed by a grand jury for the Felony 4 ovi. You can't just change something... Read more »

Matthew Williams
Matthew Williams answered on Jun 21, 2021

They can and do amend charges all the time. It seems like an odd mistake to make owing to how simple it is to count years and convictions, but the mistake was made and so it has to be corrected. There's no violation of civil rights. The defendant gets a huge benefit here, why would he not want... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Probate for Ohio on
Q: What if I am on probation and condition of my probation is to not drink alcohol and I get in a car accident drunk

Before this I was on probation and broke it for getting a DUI and went to jail for one year then got on probation again this time and for the first time broke it by testing positive for alcohol and then got in the accident the next day in geauga county

Andrew Popp
Andrew Popp answered on Jun 21, 2021

You are subject to the same maximum penalties as you were for the original charge. Every time you violate probation the punishment typically increases. What should you do? Hire an attorney to get you the best possible resolution. Don't expect a miracle with these facts however.

1 Answer | Asked in Criminal Law and DUI / DWI for Ohio on
Q: court scheduled a mental health evaluation for "competent to stand trial". problem - we have no transportation.

does the court have to provide transportation?

Matthew Williams
Matthew Williams answered on Jun 10, 2021

The court will only provide transport if the individual is incarcerated or in an inpatient mental health facility by order of the court.

1 Answer | Asked in DUI / DWI and Appeals / Appellate Law for Ohio on
Q: Can you assist me?

i dont know what your fee is but i feel it's worth it for me to fight and im more valuable to my family staying free. I have a thousand now and i have a new small auto company, so with my contracts that i have active, im hoping we can work with me?

Matthew Williams
Matthew Williams answered on May 23, 2021

This is a forum. It’s likely you can find someone to work with you, but you’ll need to reach out individually to some lawyers in your area.

1 Answer | Asked in DUI / DWI for Ohio on
Q: Can you get a DUI without going to jail or receiving a ticket?

Have a friend that got pulled over. The cop just followed him home. He ran his license but there was no ticket given and he wasn't arrested. He told the cop he had a few beers when he got pulled over.

Matthew Williams
Matthew Williams answered on Mar 29, 2021

In theory, yes, they could come back and ticket you or send you a summons. In practice, they usually arrest immediately.

1 Answer | Asked in DUI / DWI for Ohio on
Q: In the state of Ohio does information on a ticket that the cop gives you for an ovi need to match the cops report?

Example if the ticket says refused to take a breathalyzer but the police report states there is a bac level of .117

Matthew Williams
Matthew Williams answered on Feb 23, 2021

More information is need. A lot of times what's happening here is that the individual took a portable breath test by the side of the road, which is inadmissible due to reliability issues, and then refused to take the test back at the station. If that is the case, then the refusal charge is... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Ohio on
Q: Is there a way to expunge or seal the Felony DUI in Ohio? If not Is there a way to reduce the felony to Misdemeanor.

I've come to the conclusion I cannot expunge a DUI in the state of Ohio. Therefore, I was asking if I could reduce the Felony that came along with it. Maybe try to get it reduced to misdemeanor? Keep the DUI but get rid of having to put I was convicted with a felony. This is felony is from... Read more »

Patrick DiChiro
Patrick DiChiro answered on Jan 15, 2021

If you are referring to reducing a felony OVI, yes there is a possibility of doing that WHILE the case is pending. The same is true for other felonies. However, after you have already been convicted, you cannot obtain a reduction because you have alread plead and been sentenced. Your case is... Read more »

2 Answers | Asked in DUI / DWI for Ohio on
Q: Can I expunge, seal, or non-disclosure a felony dui i was charged with years ago?
Patrick DiChiro
Patrick DiChiro answered on Jan 12, 2021

NO. PURSUANT TO OHIO REVISED CODE SECTION 2953.36(A)(2), A DUI IS NOT CAPABLE OF BEING EXPUNGED.

SORRY TO PASS THIS ALONG.

PAT DICHIRO

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