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 »
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 »
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?
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.
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 »
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 »
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 »
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 »
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
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.
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?
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 »
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 »
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 »
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 »
In the state of Ohio, your license is automatically suspended if you refused OVI testing or had a BAC reading of .08 or above. So, if you were arrested for OVI you should expect to receive notification relatively soon of your upcoming suspension. You do have 30 days after the initial appearance for...Read more »
It depends how it is charged. The way that an OVI is "dropped" to a first instead of second is that the prosecutor simply doesn't allege the prior conviction. It's still there. The prosecutor this time around could allege both prior convictions making it a third, or could allege...Read more »
You have not asked a question but challenging their evidence is something you really ought let a lawyer do for you. Also, if you simply stormed out of a pretrial, there’s a chance they’ve issued a warrant.
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.
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 »
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