answered on Nov 16, 2018
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.
The officer wrote down that I did have it then. Will the judge charge me with no insurance
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 
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
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.
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
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.
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
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.
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
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
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
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 ?
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.
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
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.
N
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.
Driving under FRA suspension
OVI
Possession of marijuana
Operating a motor vehicle under license suspension
Signal lights
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.
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
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.
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
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
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
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.
