Jeopardy to later be charged with F-5 internal possession as a whole new case filed against me for that same urine screen which was used as evidence to charge me with D.U.I? I feel that is being tried for the same case twice.
This would be an interesting one to argue. The standard for double jeopardy is whether each offense requires proof of an element which the other does not. For the DUI that’s easy. DUI requires proof that you operated a motor vehicle. Drug possession certainly does not. Similarly, normal drug...Read more »
My stepson is 13 and they were at a park for a party. His mother reportedly had been drinking, and then proceeded to drive home. Prior to leaving the park, she drove into a tree, as well, and her husband continued to allow her to drive home. My stepson advised that he was very scared, and my... Read more »
The first step would be to talk to her about it. Does she have a problem? Is she alcoholic? Would her husband deny what your stepson says? Was an insurance claim filed for hitting the tree? If so, if you file with the court for a change in custody, and you could get a copy of that. Use the...Read more »
The test you take at the station is the admissible test. They typically write the lowest number from two or three tests at the station, which it appears the officer in this case did. You should hire an attorney.
The look back period in Ohio is 10 years. So any convictions after March/April of 2009 would be counted. Also, that look back period is just for the enhanced penalties. The prosecutor and judge will definitely care about the history. He should get an attorney.
It really depends on the situation. If you would like to share some more details about your case, I can likely give you a more definitive answer. In fact, if you have ANY question about your case, feel free to submit them to me through my website at https://ohioduidude.com/. If you scroll to the...Read more »
I was on the way home from a friend's house. I pulled into a parking lot because I passed my street (I am new to town). I wanted to check my messages and get my bearings. After I had done this, I saw flashing lights, and two cops approached my car. I was asked to do a field sobriety test, and... Read more »
Wow, what a nightmare. I'm a bit surprised it's just now surfacing. To answer your question, the statute of limitations for most misdemeanors in Ohio, including DUI, is two years (http://codes.ohio.gov/orc/2901.13). That being said, I'm not sure that the statute of limitations would apply in this...Read more »
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...Read more »
Is an officer allowed to coerce you into a breathalyzer test? I have had a dui in the past and refused and he must have seen this information and told me that if I refused this time I'd be looking at prison time, to which scared the daylights out if me so then complied. I obviously know better now... Read more »
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.
I completed my entire sentence. jail time, diversion program, paid all my fines etc... the only thing I never did was pay the $475.00 to reinstate my OH Driver’s License because I had moved back home with my parents and started my life over in FL. I’ve had a valid Driver license for over 10... Read more »
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.
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.
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...Read more »
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