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answered on Nov 16, 2016
Yes, you can. People are often convicted of offenses though they were not caught in the act.
answered on Nov 12, 2016
The ALS is for one year. However, once one pleas guilty or no contest to or is found guilty of DUI/OVI, the judge cancels the ALS suspension and can impose as little as six months license suspension. The judge could impose more than one year, too. My experience is that many judges simply impose... View More
answered on Oct 25, 2016
Refusal To Submit For An Alcohol Test
Refusing to submit for a test of your blood alcohol content (BAC) in Ohio will automatically suspend your license. There is an additional penalty that doubles the time you must wait to receive limited driving privileges.
Douglas A. Ball,... View More
Same officer warning given impeding traffic, pulled over speeding warning given told to call a relative. Same officer pulled over for not waiting for a relative arrested for dui. All charges are on same case was never given a ticket. When I pulled off I hadn't violated any traffic laws was I... View More
answered on Oct 7, 2016
Your question is very confusing. You reference impeding traffic and speeding, as well as "not waiting" whatever that means, but claim there was no traffic violation. Probable cause is based on the facts. What happened?
If charged with the OVI (Operating Vehicle Intoxicated) and then has 12 points on his driving record, is there a chance the court will grant him driving rights for work purposes? Or will he lose his license and driving privileges for 6 months?
A 12-point suspension is caused by an... View More
answered on Sep 16, 2016
The court cannot grant driving privileges on a BMV 12 point except in the limited circumstances of an appeal of the 12 point, or if the reinstatement fee is the last thing that needs taken care of and a time extension is needed to get the money together. Your son should do two things. First, he... View More
I paid my fines off, finally, and WV wants me to do 2 years of the interlock program. I already went through the safety course that was also required. I live in Ohio now. Is it possible for me to bypass the interlock for 2 years since I now live in Ohio?
I haven't had a drink in 9... View More
answered on Jul 19, 2016
Ohio is not going to give you a license until WV is satisfied.
answered on Jun 3, 2016
That depends heavily upon what other evidence there was that he was impaired. He is under the test limit (unless he is under 21), so a charge would be based upon being impaired, not being over the limit. The bottom line is that a DUI is not a DIY project. He should get an attorney.
My friends sister was killed in a hit-and-run. So far it seems the driver (not a minor), hit her in a cross-walk. The maximum penalty stated for this (at least so far in Ohio) is just 3 years. He fled the scene and so there's no way to know if the driver was drunk at the time, but he had no... View More
answered on Oct 26, 2015
Go see a private criminal defense attorney for a full discussion about the case and an opinion. Stay in touch with the prosecutor.
Im on probation in a nearby county for a misdermeanor I only see my P.O every three months and forgot to tell him. Could I be sent to jail at the arraignment tomorrow???
answered on Sep 14, 2015
That is possible. Get a private criminal defense attorney on your side now.
i was literally just driving across the street i blew 0.01 & got an ovi. i also consumed pain killers, and muscles relaxers that night, do you think it'll show in the marijuana pee test they made me take? thank you
answered on Sep 2, 2015
It's likely the other drugs will show up in a drug test. You really ought to get an attorney. This is a fairly serious charge.
was literally just driving across the street i blew 0.01 & got an ovi. i also consumed pain killers, and muscles relaxers that night, do you think it'll show in the marijuana pee test they made me take? thank you. ill be 18 in november
answered on Sep 2, 2015
It's likely the other drugs will show up in a drug test. You really ought to get an attorney. This is a fairly serious charge.
i also took a marijuana pee test after consuming some pain killers, and muscles relaxers that night. any idea whats going to happen for me
answered on Sep 1, 2015
What is going to happen to you depends on the type of attorney you hire to handle this problem. All the best.
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your... View More
I did the field test and i own my own tucking company do they didn't read my rights to me .on my ticket says I refused but on my court paper says nothing
answered on Aug 10, 2015
There isn't nearly enough information here to tell you what your chances are. You need to get a lawyer. Your livelihood is at stake here, and they can do and do prove OVI cases without the lab results.
I had two prior DUI'S. 1999 and 2004 to which I satisfied all court requirements. I was never ordered to have a IID device, So now 2015 Mo is stating I can not renew my license in Ohio unless I install the IDD device and send a 249.00 fee for a program evaluation to which I already paid 500... View More
answered on May 15, 2015
The short answer is yes, they can require it. The longer answer has to do with hiring an attorney to try to get them to drop it.
Driving 50 in a 35, no tail lights on.
answered on Apr 26, 2015
First time DUI is an M1 carrying a maximum penalty of 180 days in jail, a $1,000 fine, and a driver's license suspension. There is a 3 day minimum that can be served in a DIP program rather than in jail, at the court's discretion. It is also typically possible to get significant... View More
I have already done my dip program and not driven for 6 months.
answered on Apr 24, 2015
Have you been convicted of the OVI or are you on an administrative suspension? If you were convicted, you cannot now get the case dismissed. If you haven't been convicted yet--if the case is still in progress--an outright dismissal is unlikely unless there is a solid suppression issue or means... View More
I am an Ohio resident and Due to the Interlock I cannot do anything. Is the a limit on the requirement? I don't have any of the old paperwork and have no other violations in the 14 years. Now I need a license for health reasons.
answered on Apr 20, 2015
Your going to need a lawyer in AZ to find out what is going on with this case that apparently was not properly resolved and try to get it worked out.
In 2012 I received a felony DUI In Ohio I'm about ready to be off probation. I've only ever been in trouble for past duii's and nothing more. Nothing violent at all. I've been sober now for 2 and half years and want to get a gun for protection. Do you think I may be able to eventually own a gun?
answered on Apr 6, 2015
ORC 2923.13(4) - a "chronic alcoholic" cannot possess a firearm in Ohio. You don't want to fight it out with the prosecutor over whether or not you are a "chronic alcoholic" as multiple DUI convictions will almost certainly convince a court that you are.
I have researched on internet with conflicting results. Some have answered that it is a minor misdemeanor punishable by up to a $150 fine. Other results I have found list this code as consumption in a vehicle and punishable by $250 and up to 30 days in jail. Can judge interpet this violation as... View More
answered on Mar 30, 2015
If you have given the correct code section, the violation is a minor misdemeanor punishable by a $150 fine. http://codes.ohio.gov/orc/4301.99 Section 4301.99 is the penalty provision for the chapter. Sub-section (A) indicates violations of 4301.62 are minor misdemeanors. If you were charged under... View More
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