Ohio DUI / DWI Questions & Answers
Q: Hello I'm trying to look my name up for previous court cases that I had. But I never attended. Anyway I can get help?
2 Answers
| Asked
in
Criminal Law, DUI / DWI and Traffic Tickets
for
Ohio
on
Answered on Jan 27, 2019
Answered on Jan 27, 2019
Patrick DiChiro's answer
YES. WE CAN DO THAT. CALL THE OFFICE AT 216-642-0424 ASK FOR ME OR MY LEGAL ASSISTANT JOHN. IF WE ARE NOT THERE WE WILL CALL BACK.
WE WILL LOOK THEM UP FOR YOU AND THEN YOU CAN DETERMINE WHAT YOU WANT TO DO AND IF YOU WANT TO RETAIN US.
YES. WE CAN DO THAT. CALL THE OFFICE AT 216-642-0424 ASK FOR ME OR MY LEGAL ASSISTANT JOHN. IF WE ARE NOT THERE WE WILL CALL BACK.
WE WILL LOOK THEM UP FOR YOU AND THEN YOU CAN DETERMINE WHAT YOU WANT TO DO AND IF YOU WANT TO RETAIN US.
Q: It has been 1 year since arrested for ovi & drug possess. Ovi is over still nothing about the drugs
Dimitrios Makridis' answer
The drug possession can be presented to a grand jury at any time within the statute of limitations. Depending on what / how much was found, it can take years. When the prosecutor presents your case to the grand jury, the grand jury can (and will likely) find probable cause to indict you. You will receive a summons telling you to appear for an arraignment on the charge. Essentially, that is the start of your case. You should call an attorney immediately when that happens.
The drug possession can be presented to a grand jury at any time within the statute of limitations. Depending on what / how much was found, it can take years. When the prosecutor presents your case to the grand jury, the grand jury can (and will likely) find probable cause to indict you. You will receive a summons telling you to appear for an arraignment on the charge. Essentially, that is the start of your case. You should call an attorney immediately when that happens.
Q: Officer coercion
Daniel P Leavitt's answer
It depends on the state. In Virginia for instance, a civil refusal first offense does not carry any jail. But a second offense in Virginia is criminal and carries the possibility of jail.
It depends on the state. In Virginia for instance, a civil refusal first offense does not carry any jail. But a second offense in Virginia is criminal and carries the possibility of jail.
Q: Do I owe a reinstatement fee after I complete my Intoxalock in Ohio?
Brian Smith Esq's answer
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.
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.
Q: What is the process by which I can get a DWI conviction removed from my record?
Matthew Williams' answer
An OVI conviction in Ohio cannot be sealed or expunged though the points will fall off your license.
An OVI conviction in Ohio cannot be sealed or expunged though the points will fall off your license.
Q: What's the most successful DUI defense? My son needs an attorney.
Matthew Williams' answer
There is no one most successful defense. It all depends on the situation. If the police had no reason to pull the car over, then that will be the most successful defense. If they screwed up administering field sobriety defenses, then that will. Etc.
There is no one most successful defense. It all depends on the situation. If the police had no reason to pull the car over, then that will be the most successful defense. If they screwed up administering field sobriety defenses, then that will. Etc.
Q: I was charged with a DUI 10 yrs ago in Ohio. I am moving back with a valid FL DL. Will I face problems getting an OH DL?
Jeremiah Justin Denslow's answer
Given the facts you describe, I can't imagine you'll have any trouble getting an Ohio license. To find out with certainty, contact the BMV directly. You can go to the agency's website and utilize the chat function. Good luck.
https://www.bmv.ohio.gov/
Given the facts you describe, I can't imagine you'll have any trouble getting an Ohio license. To find out with certainty, contact the BMV directly. You can go to the agency's website and utilize the chat function. Good luck.
https://www.bmv.ohio.gov/
Q: What is the punishment for first time drunk driving in Ohio? What if the driver was only 19 years old?
Matthew Williams' answer
In General a first time OVI is punished with a 3 day DIP program, license suspension, probation, and a hefty fine. The circumstances or particular court may result in these penalties being more or less. It’s important to be represented by an attorney to ensure minimization or penalties.
In General a first time OVI is punished with a 3 day DIP program, license suspension, probation, and a hefty fine. The circumstances or particular court may result in these penalties being more or less. It’s important to be represented by an attorney to ensure minimization or penalties.
Q: I got pulled over for DUI at the time I didn’t have insurance but I have it now. I have court wed
Jeremiah Justin Denslow's answer
If the citation indicates you showed proof of automobile insurance at the time of the OVI incident, it is highly unlikely the court will ask you to show it again. However, if for some reason, the court asks for proof of insurance and you cannot provide it, you will NOT be charged with a new offense. Rather, the court will notify the BMV and the BMV will issue a license suspension against you and you will receive notice of same by mail from the BMV.
If the citation indicates you showed proof of automobile insurance at the time of the OVI incident, it is highly unlikely the court will ask you to show it again. However, if for some reason, the court asks for proof of insurance and you cannot provide it, you will NOT be charged with a new offense. Rather, the court will notify the BMV and the BMV will issue a license suspension against you and you will receive notice of same by mail from the BMV.
Q: I was arrested for ovi but i was not driving and I was not pulled over.
Jeremiah Justin Denslow's answer
It sounds like an extremely unusual case and potentially one where a good OVI lawyer can get the charges dismissed. However, without more details about what transpired, it's difficult to provide you with any additional information. Feel free to call or email me if you want to talk further. My email address is jeremiahdenslaw@gmail.com. My phone number is 513-800-3107.
It sounds like an extremely unusual case and potentially one where a good OVI lawyer can get the charges dismissed. However, without more details about what transpired, it's difficult to provide you with any additional information. Feel free to call or email me if you want to talk further. My email address is jeremiahdenslaw@gmail.com. My phone number is 513-800-3107.
Q: If I have asthma is that grounds for challenging a breathalyzer result?
Matthew Williams' answer
Asthma is only really helpful if they say you refused the test but in truth you couldn't blow that hard for that long. If you submitted a valid test, and it was positive for alcohol and over the legal limit, Asthma doesn't really help out.
Asthma is only really helpful if they say you refused the test but in truth you couldn't blow that hard for that long. If you submitted a valid test, and it was positive for alcohol and over the legal limit, Asthma doesn't really help out.
Q: Bf was drunk and bit me in a public place with cameras somebody else called called cops he's in jail..what do I do..
2 Answers
| Asked
in
DUI / DWI, Family Law and Domestic Violence
for
Ohio
on
Answered on Jul 20, 2018
Answered on Jul 20, 2018
Joseph Jaap's answer
It's up to the prosecutor to drop or pursue the charges. Use the Find a Lawyer tab and get your bf an attorney.
It's up to the prosecutor to drop or pursue the charges. Use the Find a Lawyer tab and get your bf an attorney.
Q: May a judge instruct a jury to select a tech savvy juror to perform the duties of redacting audio from video evidence?
Matthew Williams' answer
I do not know the answer to this question off the top of my head, but it sounds seriously suspect. Great issue for appeal. I wouldn't be surprised to find out there is no law on this point yet since I have never heard of anyone even trying this.
I do not know the answer to this question off the top of my head, but it sounds seriously suspect. Great issue for appeal. I wouldn't be surprised to find out there is no law on this point yet since I have never heard of anyone even trying this.
Q: Can you get a hardship license after a second DUI?
Nicholas Klingensmith's answer
The simple answer is yes. However, the type of privileges you will received depends on the jurisdiction, your judge and the facts of your case. There is typically a "hard" suspension of either 45 or 90 days before you are eligible for privileges. Also, if your 2nd OVI was alcohol related an ignition interlock device will be required with some exceptions.
The simple answer is yes. However, the type of privileges you will received depends on the jurisdiction, your judge and the facts of your case. There is typically a "hard" suspension of either 45 or 90 days before you are eligible for privileges. Also, if your 2nd OVI was alcohol related an ignition interlock device will be required with some exceptions.
Q: Why does my OVI or Underage NOT show on BCI/FBI Background checks for school employment in Ohio?
Matthew Williams' answer
It's possible they simply weren't reported. The legal system is a bureaucracy like any other. It's also possible these cases were resolved with quick pleas in a mayor's court. Many of the mayor's courts do not put their records online or submit any information to databases so the only way to find the cases is to actually ask the mayor's court, which of course, requires knowing which on to ask.
It's possible they simply weren't reported. The legal system is a bureaucracy like any other. It's also possible these cases were resolved with quick pleas in a mayor's court. Many of the mayor's courts do not put their records online or submit any information to databases so the only way to find the cases is to actually ask the mayor's court, which of course, requires knowing which on to ask.
Q: I am on green card since 2004. I have few Dui's. Last one in Dec 2014. Can I apply for Citizenship now ?
1 Answer
| Asked
in
Criminal Law, Divorce, DUI / DWI and Immigration Law
for
Ohio
on
Answered on Jun 9, 2018
Answered on Jun 9, 2018
Carl Shusterman's answer
It would probably be best to wait until you have no DUIs during the past 5 years before you apply for naturalization.
It would probably be best to wait until you have no DUIs during the past 5 years before you apply for naturalization.
Q: Are DUI penalties more severe if you cause an accident?
R. Scott Patterson's answer
Likely, the accident will carry its own set of penalties. The range of penalties in Ohio for an OVI are quite broad. Some are mandatory and the court has no discretion. If you took a breath, urine or blood test, and the level of any prohibited substance is considered "high" as defined by statute, the penalties will be more severe.
I recommend that you retain an attorney who is experienced in all phases of an OVI case.
Likely, the accident will carry its own set of penalties. The range of penalties in Ohio for an OVI are quite broad. Some are mandatory and the court has no discretion. If you took a breath, urine or blood test, and the level of any prohibited substance is considered "high" as defined by statute, the penalties will be more severe.
I recommend that you retain an attorney who is experienced in all phases of an OVI case.
Q: Is my family aloud to be in the court room for my disposition?
Matthew Williams' answer
Most likely. Unless there is some special reason to close the court, courtrooms are open to the public, not just family.
Most likely. Unless there is some special reason to close the court, courtrooms are open to the public, not just family.
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.
