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Ohio DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for Ohio on
Q: I got pulled over for DUI at the time I didn’t have insurance but I have it now. I have court wed

The officer wrote down that I did have it then. Will the judge charge me with no insurance

Jeremiah Justin Denslow
PREMIUM
Jeremiah Justin Denslow
answered on Oct 15, 2018

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... View More

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1 Answer | Asked in DUI / DWI for Ohio on
Q: What is the first step I should take after being charged with a DUI?
Matthew Williams
Matthew Williams
answered on Oct 8, 2018

Hire an attorney to represent you.

2 Answers | Asked in DUI / DWI for Ohio on
Q: I was arrested for ovi but i was not driving and I was not pulled over.
Jeremiah Justin Denslow
PREMIUM
Jeremiah Justin Denslow
answered on Aug 30, 2018

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... View More

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1 Answer | Asked in DUI / DWI for Ohio on
Q: If I have asthma is that grounds for challenging a breathalyzer result?
Matthew Williams
Matthew Williams
answered on Jul 20, 2018

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.

2 Answers | Asked in DUI / DWI, Family Law and Domestic Violence for Ohio on
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..

I told them I just want to take him home and I don't want to press anything but they said that's not my choice they are pressing charges. They found a half empty bottle of rum on him also. The said he he would be in jail until Tuesday, it was Thursday when this happen. And he's being... View More

Joseph Jaap
Joseph Jaap
answered on Jul 20, 2018

It's up to the prosecutor to drop or pursue the charges. Use the Find a Lawyer tab and get your bf an attorney.

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1 Answer | Asked in DUI / DWI for Ohio on
Q: May a judge instruct a jury to select a tech savvy juror to perform the duties of redacting audio from video evidence?

Prosecution claims they did not have enough time to redact audio from video evidence so the judge instructed the jury to redact the audio themselves by pressing mute at the appropriate times. The juror in charge of redaction failed to do so at one point and the jury heard evidence that was supposed... View More

Matthew Williams
Matthew Williams
answered on Jul 16, 2018

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.

1 Answer | Asked in DUI / DWI for Ohio on
Q: Can you get a hardship license after a second DUI?
Nicholas Klingensmith
Nicholas Klingensmith
answered on Jul 13, 2018

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... View More

1 Answer | Asked in Employment Law and DUI / DWI for Ohio on
Q: Why does my OVI or Underage NOT show on BCI/FBI Background checks for school employment in Ohio?

In 2008, I received an OVI and Underage in the same year but not in the same counties. Anytime I have requested to pupil permit or teaching license that requires a BCI/FBI background check neither show up. I was under 21 at the time and have no further convictions or anything. I understand that... View More

Matthew Williams
Matthew Williams
answered on Jun 15, 2018

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... View More

1 Answer | Asked in Criminal Law, Divorce, DUI / DWI and Immigration Law for Ohio on
Q: I am on green card since 2004. I have few Dui's. Last one in Dec 2014. Can I apply for Citizenship now ?

I also want to divorce my Citizen spouse (got citizenship based on my employment) in next few weeks. Will divorce also complicates me applying for Citizenship ? Do I have to wait for 5 years since my last DUI to apply for Citizenship ?

Carl Shusterman
Carl Shusterman
answered on Jun 9, 2018

It would probably be best to wait until you have no DUIs during the past 5 years before you apply for naturalization.

1 Answer | Asked in DUI / DWI for Ohio on
Q: Are DUI penalties more severe if you cause an accident?
R. Scott Patterson
R. Scott Patterson
answered on May 25, 2018

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... View More

1 Answer | Asked in DUI / DWI for Ohio on
Q: Is my family aloud to be in the court room for my disposition?
Matthew Williams
Matthew Williams
answered on Apr 30, 2018

Most likely. Unless there is some special reason to close the court, courtrooms are open to the public, not just family.

2 Answers | Asked in DUI / DWI for Ohio on
Q: Is your vehicle always impounded after a DUI?
Matthew Williams
Matthew Williams
answered on Apr 27, 2018

No, but it certainly can be.

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1 Answer | Asked in DUI / DWI, Traffic Tickets and Car Accidents for Ohio on
Q: How long does it take for a blood alcohol test to come back?

N

Matthew Williams
Matthew Williams
answered on Apr 5, 2018

It usually takes a few weeks around here. It there’s reason to believe it will come back over the limit, you should use the time to find a lawyer.

1 Answer | Asked in DUI / DWI and Traffic Tickets for Ohio on
Q: Is it possible to avoid jail time with these current charges?

Driving under FRA suspension

OVI

Possession of marijuana

Operating a motor vehicle under license suspension

Signal lights

Matthew Williams
Matthew Williams
answered on Jan 24, 2018

It's possible. Not necessarily likely but much depends on the attitude the judge and prosecutor take towards it and whether there is a history of such problems.

1 Answer | Asked in Traffic Tickets and DUI / DWI for Ohio on
Q: Can sheriffs be sent to pull people over when they’re tipped off about a driver without a license?

The sheriff was called on a man who was driving down the highway without a license. The dispatcher said that there’s nothing they could do, that the highway state patrol would have to be called. Is this true? Or could the dispatcher have contacted the highway state patrol or sent a sheriff to... View More

Matthew Williams
Matthew Williams
answered on Jan 15, 2018

They could've called the sheriff. But, they don't have to, and the sheriff may not intercede if it's patrols jurisdiction.

1 Answer | Asked in DUI / DWI for Ohio on
Q: Its my second OVI in four years, I didnt take a breathalyzer, I was already arrested before he offered it.
Matthew Williams
Matthew Williams
answered on Dec 20, 2017

You need to hire an attorney.

1 Answer | Asked in DUI / DWI for Ohio on
Q: my friend is incarcerated his lawyer (paid) doesn't give him any info through mail or otherwise. What can he do?

in for 2 F OVI ; lawyer keeps adjourning pretrial conferences stating judge wants to give him 3 years wants to let him "cool off" before my friend goes before him. He has no information on his case no legal paperwork nothing even from the courts when its uploaded into the system that I... View More

Matthew Williams
Matthew Williams
answered on Dec 13, 2017

It sounds like the lawyer is updating him, perhaps just not very well. Defense attorneys often drag cases out to let everyone cool off and to get to the point where the court and prosecutor, who have new cases coming in every day, simply want to get rid of the case. Your friend should request an in... View More

1 Answer | Asked in DUI / DWI for Ohio on
Q: I Got my first ever ovi,am I looking at jail time and how long can my license and cdl permit be suspended for?
R. Scott Patterson
R. Scott Patterson
answered on Dec 10, 2017

Yes, you are looking at jail time, three days (low test) to a maximum of six months. Likely, your CDL is suspended now if you are under an Administrative License Suspension. This suspension is for one year and is triggered by the ALS. You MUST appeal the ALS suspension within a limited time frame... View More

1 Answer | Asked in DUI / DWI for Ohio on
Q: Can a court use or subpoena a bar bill
Matthew Williams
Matthew Williams
answered on Dec 7, 2017

Yes.

1 Answer | Asked in DUI / DWI and Insurance Defense for Ohio on
Q: Mom got DUI in truck that is in my name, and had no insurance on it which I thought she did. Will I get in trouble?

I did not know she was drinking and driving, also didn't know she never had insurance on it.

Douglas A. Ball
Douglas A. Ball
answered on Nov 20, 2017

You need to contact an attorney in the area where the alleged charges were brought as soon as possible, if you have not done so already. The State has several options available to them on how to proceed, and you need an attorney versed in the law to discuss your options with you. This could be a... View More

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