T. Augustus Claus 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 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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 12, 2025

Yes, it is possible for you to be arrested again if the police or prosecutor decide to file new or corrected charges based on the original incident. Even if the initial charges were already filed and you’re out on bail, an error in the paperwork, evidence, or charge structure might lead them to... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2025

Dealing with a past OVI can be stressful, but having the conviction overturned means that there should not be a conviction on your official driving record. Once the appeals court vacated the physical control charge, the BMV will not list a conviction or points for that incident. While an arrest... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

It’s good that your boyfriend was offered intervention in lieu of conviction—it means the court is giving him a second chance if he follows through with all conditions. The program typically lasts **at least one year**, but whether it ends at that point depends heavily on how well he complies... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

You're asking a really important question, especially with your court date coming up soon. Just because you weren’t cited for a DUI at the scene doesn’t mean charges can’t still be filed. In Ohio, DUI charges (also called OVI—Operating a Vehicle Impaired) can be filed later if law... View More

Paul J. Siegferth Jr. 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.

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!

Unfortunately, just one drug violation prohibits you from obtaining a CDL in Ohio.

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 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

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

Always be represented when your freedom is at risk. There are possible favorable resolutions to your case if there are constitutional issues.

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

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.

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

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.

Brian Smith 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

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.

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.