Get free answers to your DUI / DWI legal questions from lawyers in your area.
also accused of ovi during same time frame. defendant was pulled out of vehicle and put in cuffs before field test was ever given. he simply asked "what's your drugs of choice?" 1st charge. OVI- on our way to work and was exhausted after a 2 week horse show. It was over an hour drive... View More 
I was at a bar I got into an argument with someone. I ended up going to another bar I walked in the bar the person gets in my face and pushes me out the bar I get up I walk back in and he literally tackles me to the ground next thing I know i'm get arrested and I got a ticket for disorderly conduct
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 14, 2024
Your attorney will gather all of the evidence intended to be used against you; Police reports, victim/witness statements, body cam videos, bar videos, and any other evidence the government intends to use against you. Then, you'll know if you have triable or suppression issues to pursue.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023
Pleading guilty to a first DUI in Ohio can have several benefits, including:
Reduced Sentence: You may be able to negotiate a reduced sentence with the prosecutor if you plead guilty. This could mean less jail time, a smaller fine, or fewer probation requirements.
Quicker... View More
I’m currently not working , but should I plea not guiltily or guilty .
answered on Nov 24, 2023
I always recommend pleading not Guilty. The OVI is a high level misdemeanor. A first OVI carries 6 points on your license, which will definitely affect your insurance rates. You will also get a 1-3 year license suspension. So, this is something not to take lightly. It will have an impact on... View More
I was pulled over for minor traffic offenses and charged with a ovi. It happened in a town with multiple countys. The cop put the wrong county on my ticket and then the mayors court judge asked me what county it was in so I said what's on the ticket, knowing it was definitely the other county.
answered on Nov 11, 2023
Retain an attorney and have them try to have it dismissed. They have to prove you were in the County on the ticket when you received the DUI. They are not able to if you are correct.
Good luck!
All misdemeanor offenses. Last offense was in 2008.
answered on Jul 27, 2023
Unfortunately, just one drug violation prohibits you from obtaining a CDL in Ohio.
Is there any way out of getting jail time?
I also got charged with failure to comply and D.U.S
answered on Apr 14, 2023
It is pretty difficult to avoid serving some jail time on a 4th OVI. That said, you need to work with an attorney to go through the stops and make sure the government can prove their case before accepting a deal, or fighting through to trial if you and your attorney determine it is worth the risks.
I understand there's false positives sometimes. Unless it's a warning or fail is this something I need to worry about ?
answered on Apr 7, 2023
I am not sure of the mechanics of a inter-lock system. However, I would not take anything for granted. I would contact the inter-lock company and have your unit checked, and document it some way. Last thing you need is to be violated for a false positive.
I wish you the best.
Patrick DiChiro
Does having a higher Umbrella limit make me a target for a larger settlement after an accident? Is this a State by State Law and if so, is there a good source to check?
answered on Mar 5, 2023
An Ohio attorney could advise best, but your question remains open for four weeks. Until you are able to consult definitively with a local attorney, your carrier might be able to provide guidance on this. Case law on disclosure could differ by state - but carriers nationwide are attentive to the... View More
This was her first offense. Commutes to college. Could she represent herself or would a court appointed attorney be wise.
answered on Jan 9, 2023
Always be represented when your freedom is at risk. There are possible favorable resolutions to your case if there are constitutional issues.
I paid a attorney to handle a ovi case in ohio. And we went to court and the ovi case was knocked down to a M1 physical control. But when I asked the attorney to file papers to have the administrative suspension lifted from the license I keep getting a run around. The attorney either doesn't... View More
answered on Oct 20, 2022
The ALS suspension should have been terminated by the judge when the court sentenced you on the physical control violation. When a judge sentences an offender on an OVI or physical control violation, he or she is required to impose a court ordered suspension as a result of the conviction. The ALS,... View More
I am diabetic and has been out of my medicine for about 2 weeks. I had stopped in Western Virginia and had drank a pint of fireball whiskey and a can of Mikes hard lemonade while I was resting and then got back on the road to Mount Gilead Ohio at about 5am. I blew a .115 on the breathalyzer but... View More
answered on Jul 15, 2022
Unfortunately not. And the amount you drank put you over the limit. Your being diabetic and drinking two high sugar cocktails does not make sense especially when you were not medicated.
He failed to appear in court for that.
I got stopped tonight while he was a passenger. They ran his s.s number and arrested him. He has had DUI's in the past 5+ yrs ago which is why his license is suspended. He owes child support too. They said in july 2021 the truck he was driving... View More
answered on Jul 10, 2022
First of all, he is facing multiple DUI's, which, if occurred within 10 years of each other raises the penalties significantly. Then, the DUS, which is a blatant disregard of the law under DUI suspension is an M1 which carries a possible 180 days. Make sure he has insurance. The plates are... View More
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... View More
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.
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.... View More
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.
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.
Or do they have to prove that they did read me Miranda rights?
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.
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
