> DUI | Daniel F. Gigiano Co., L.P.A. - Part 2
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DUI

Traffic Stops Cannot Be Extended For A Drug Dog Sniff

Traffic stops cannot be extended for a drug dog sniff.  On April 21, 2015, the United States Supreme Court, in Dennys Rodriguez v. United States, held that police may not keep the motorist waiting after the ticket is written they have no reasonable suspicion justifying the extra time.  Essentially, police may not turn routine traffic stops into drug searches using trained dogs.  Police officers who stop a car for a traffic violation are justified in “checking the driver’s license, determining whether there are outstanding warrants against the driver, and inspecting the automobile’s registration and proof of insurance.”  “These checks serve the same objective as enforcement of the traffic code: ensuring that vehicles on the road are operated safely and responsibly.”  A dog sniff is “not an ordinary incident of a traffic stop,” but is instead, “a measure aimed at detecting evidence of ordinary criminal wrongdoing.” (more…)

Dalton DUI Attorney

A Dalton DUI attorney provides aggressive representation for individuals accused of OVI in Dalton, Ohio.  OVI is defined in Ohio as “operating vehicle under the influence of alcohol or drugs.”  OVI cases typically consists of two separate charges: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs. (more…)

Burbank DUI Attorney

A Burbank DUI attorney provides aggressive representation for individuals accused of OVI in Burbank, Ohio.  Ohio refers to DUI as operating vehicle under the influence of alcohol or drugs, otherwise known as OVI.  OVI cases can be made up of two separate charges: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  The statute provides for a minimum driver’s license suspension of 180 days and a minimum period of jail or equivalent incarceration of 72 hours upon a conviction for an OVI or BAC charge.  Such minimum penalties increase with a BAC of .17 or more, and prior convictions for OVI or BAC. (more…)

West Salem DUI Attorney

A West Salem DUI attorney provides aggressive representation for traffic offenses, including OVI, aggravated vehicular homicide, felony DUI, negligent homicide, and driving under suspension.  Ohio’s DUI statute prohibits operating a vehicle under the influence attorney, otherwise known as OVI.  OVI cases typically consists of two separate charges: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  The statute provides for a minimum driver’s license suspension of 180 days and a minimum period of jail time or approved incarceration of 72 hours upon a conviction for an OVI or BAC charge.  Such minimum penalties increase with a BAC of .17 or more, and prior convictions for OVI or BAC. (more…)

Marshallville DUI Attorney

A Marshallville DUI attorney represents individuals charged with OVI in Marshallville and other parts of Wayne County.  DUIs in Ohio are called OVIs, which stands for “operating vehicle under the influence of alcohol or drugs.”  OVI cases can contain two different offenses: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, alleging the person operated a motor vehicle with a blood alcohol concentration of .08 or more, as determined by a chemical test. (more…)

Wayne County DUI Attorney

A Wayne County DUI attorney represents individuals charged with OVI or other traffic offenses in Wayne County.  OVI is the short term for operating a vehicle under the influence of alcohol or drugs.   The two charges that often arise in such matters are:  (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  The statute provides for a certain minimum driver’s license suspension, depending on a number of factors. (more…)

Smithville DUI Attorney

A Smithville DUI attorney represents individuals accused of the following in Smithville, Ohio:  DUI, OVI, driving under suspension, negligent homicide, and other traffic offenses.  OVI stands for “operating vehicle under the influence of alcohol or drugs.”  OVI cases can involve two separate charges: (1) OVI, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) BAC, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  A conviction for OVI or BAC carries a minimum driver’s license suspension of 180 days and a minimum period of incarceration of 72 hours, with increased minimum penalties for higher test results or prior convictions. (more…)

Wooster DUI Attorney

A Wooster DUI attorney handles the following types of cases:  DUI, OVI, driving under suspension, and other traffic offenses.  OVI is the acronym for “operating vehicle under the influence of alcohol or drugs,” and such cases typically consist of two potential offenses: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  Depending on the number of prior offenses, there are minimum periods of suspension and incarceration set forth under Ohio law. (more…)

Sterling DUI Attorney

A Sterling DUI attorney in Wayne County, Ohio handles DUIs, OVIs, BAC cases, physical control cases, and underage consumption DUI cases.  OVI is defined in Ohio Revised Code 4511.19 (R.C. 4511.19), bearing the title “operating vehicle under the influence of alcohol or drugs.”  The OVI charges can be made up of two separate crimes: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  OVI convictions carry a mandatory driver’s license suspension. (more…)

Sharon Township DUI Attorney

A Sharon Township DUI attorney represents individuals charged with operating a vehicle under the influence of alcohol or drugs, otherwise known as OVI, as well as a number of other traffic offenses and related charges.  OVI cases usually are made up of two potential offenses:  (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  For a first time offense, the court must suspend the offender’s driver’s license for a minimum of 180 days and incarcerate the individual for a minimum period of of 72 hours.  The mandatory penalties increase with higher test results and repeat offenses. (more…)

Canal Fulton DUI Attorney

A Canal Fulton DUI attorney represents individuals charged with OVI and other traffic offenses in Canal Fulton.  OVI is the short way of saying “operating vehicle under the influence of alcohol or drugs.”  OVIs can be made up of two potential offenses: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  Depending on the number of prior offenses, there are minimum periods of suspension and incarceration set forth under Ohio law. (more…)

Sharon Center DUI Attorney

A Sharon Center DUI attorney represents individuals charged with OVI and other traffic offenses in Sharon Center.  OVI is the acronym for “operating vehicle under the influence of alcohol or drugs,” and such cases typically consist of two potential offenses: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  Depending on the number of prior offenses, there are minimum periods of suspension and incarceration set forth under Ohio law. (more…)

Massillon DUI Attorney

When one is accused of DUI in Massillon, that person will need the services of a Massillon DUI attorney.  In Ohio, a DUI is technically called an OVI, which stands for operating a vehicle under the influence.  OVI is defined in Ohio Revised Code 4511.19 and typically consist of two separate charges: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  There are a series of minimum penalties depending on the number of prior DUIs the accused may have.  If the accused was not driving but was in the driver’s seat with control of the keys while under the influence or with the BAC as set forth above, that person may face charges for physical control of a vehicle while under the influence.  There are essentially no minimum penalties for this offense, but the court must impose a class 7 suspension, which must consist of some time. (more…)

Lodi DUI Attorney

When one is accused of DUI in Lodi, that person will need the services of a Lodi DUI attorney.  In Ohio, a DUI is technically called an OVI, which stands for operating a vehicle under the influence.  OVI is defined in Ohio Revised Code 4511.19 and typically consist of two separate charges: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  If convicted, one faces a minimum suspension of one’s driver’s license for 180 days and a minimum period of incarceration of 72 hours, with increased minimum for repeat offenses or a high test for alcohol. (more…)

Creston DUI Attorney

What is a Creston DUI attorney?  While some may also commonly refer to such an attorney as a Creston driving under the influence attorney, the better term is a Creston OVI attorney, or Creston operating a vehicle under the influence attorney.  OVI is defined in Ohio Revised Code 4511.19, bearing the title “operating vehicle under the influence of alcohol or drugs.”  Such cases can consist of two charges.  The first involves one’s driving being affected by the consumption of alcohol.  The second involves having a prohibited amount of alcohol in one’s body.  A Creston DUI lawyer will also handle “physical control” cases.  Having physical control of a vehicle while under the influence is defined in Ohio Revised Code 4511.194.  Simply stated, physical control of a motor vehicle occurs when one is in the driver’s seat of a vehicle with possession of the keys, and the person is under the influence or drugs, alcohol or a combination of them, or has a BAC as defined in the OVI statute (R.C. 4511.19).  Finally, a Creston DUI lawyer will be prepared to handle operating a vehicle after underage consumption (OVUAC), as defined by Ohio Revised Code 4511.19.  This law makes it illegal for persons under 21 years of age to drive a vehicle with as little as a concentration of .02 percent by weight of alcohol by whole blood or breath, or with an equivalent amount by blood serum or plasma or urine. (more…)

Brunswick DUI Attorney

What is a Brunswick DUI attorney?  A DUI, officially known as an OVI, is defined in Ohio Revised Code 4511.19, bearing the title “operating vehicle under the influence of alcohol or drugs.”  OVI cases are made up of two separate charges: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.
When one is in the driver’s seat of a vehicle with possession of the keys, and the person is under the influence of drugs, alcohol or a combination of them, or has a BAC, one may be charged with physical control of a motor vehicle under Ohio Revised Code 4511.194. (more…)

Doylestown Ohio DUI Attorney

A Doylestown Ohio DUI attorney identifies and pursues defenses for someone accused of OVI in Doylestown, Ohio.  In Ohio, a DUI offense is not called DUI or DWI, but is called an OVI.  OVI is defined in Ohio Revised Code 4511.19 (R.C. 4511.19) as “operating vehicle under the influence of alcohol or drugs,” and typically consists of two separate charges: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  If the accused was not actually driving but was in the driver’s seat with possession of the keys, the more appropriate charge may be the lesser crime of physical control, as defined in R.C. 4511.194.  If the accused was underage and was driving with a concentration of at least .02 percent, but less than .08 percent BAC, the more appropriate charge may be operating a vehicle after underage consumption (OVUAC), sometimes referred to as a “baby DUI.” (more…)

Westfield Center DUI Attorney

A Westfield Center DUI attorney represents individuals charged with OVI in Westfield Center. Misdemeanor OVI cases in Westfield Center are heard in the Wadsworth Municipal Court.  Felony cases may have initial hearings in Wadsworth Municipal Court, but are heard in the Medina County Court of Common Pleas.
(more…)

Rittman DUI Attorney

The crime of OVI in Ohio is often referred to as DUI, DWI, drunk driving, driving under the influence, or driving while intoxicated.   Ohio defines the offense as operating a vehicle under the influence in Ohio Revised Code 4511.19 (R.C. 4511.19).  A Rittman DUI Attorney can identify and pursue defenses for one charged with one of the following offenses in Rittman, Ohio: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs. (more…)

Seville DUI Attorney

A DUI alleged to have been committed in Seville, Ohio, will be heard in:Misdemeanor DUIs in Wadsworth Municipal Court,120 Maple Street, Wadsworth, Ohio 44281;Felony DUIs in Medina County Court of Common Pleas,93 Public Square, Medina, Ohio 44256; orJuvenile DUIs in Medina County Juvenile Court,93 Public Square, Medina, Ohio 44256.Such offenses will require the services of a Seville DUI attorney, who can spot, investigate and pursue potential defenses.
OVI is the official name for a DUI and typically consists of wither the BAC charge and/or the OVI charge.  While OVI cases involve someone driving a motor vehicle, physical control cases involve someone who is merely in the driver’s seat of a vehicle with possession of the keys.  Baby DUIs, or operating a vehicle after underage consumption (OVUAC) makes it illegal for persons under 21 years of age to drive a vehicle with a concentration of .02 percent, but less than .08 percent by weight of alcohol by whole blood or breath, or with an equivalent amount by blood serum or plasma or urine. (more…)

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