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Will Ohio Lower DUI Limit To .05

Will Ohio lower DUI limit to .05?  In March 2017, Utah’ legislature set up the state to become the first state to lower the legal threshold for drinking and driving to .05 blood alcohol concentration.  While states are looking to get more aggressive with DUI laws, such efforts can result in problems in the actual application of the law.  This articles examines the law and the impracticality of enforcing the law on the street and in the courtroom.

 

Proposed DUI Law Criticized

 

Critics have said the bill fails to address the real problem, which are the 77% of alcohol-related traffic deaths in Utah caused by drivers with a blood-alcohol content of 0.15 and above.  The proponent of the law said the problem with the 0.08 BAC law is that “it send the message that you can drink up to a certain point and then drive.”  The proponent then noted that several foreign countries have a 0.05 limit. 

 

Proposed DUI Law Problems

 

The field sobriety tests were designed to determine if someone is at a 0.10 BAC or above.  When states lowered the limit to 0.08, that already signaled a move away from criminalizing driving under the influence and towards outlawing drinking and driving.  A 0.05 BAC limit is simply another step in that direction.  Someone at 0.05 could very well pass the field sobriety tests.  If the person is not under the influence of alcohol, can that person be arrested?  If the person cannot be arrested, the request for a breathalyzer does not occur. 

 

Attorney Daniel Gigiano.  Experienced.  Aggressive.  Dedicated.

 

Attorney Daniel Gigiano was admitted to the practice of law in Illinois in 1993.  He immediately began practicing as an assistant prosecutor working in a courtroom that focused on major traffic cases, such as DUI and driving under suspension, spending over one year focusing on the many issues in these cases.  Attorney Daniel Gigiano then spent the next five years of his government practice working on misdemeanors, felonies, grand jury and preliminary hearings, juvenile delinquency cases, and abuse and neglect cases.  In 1999, he was admitted to practice in Ohio.  In 2000, he took his experience to a private practice in Wadsworth, Medina County, Ohio.  Attorney Gigiano has maintained his private practice in Wadsworth since that time.  Call now at 330-336-3330 if you need the services of an experienced Medina criminal defense attorney in Wadsworth.


Orrville DUI Attorney

An Orrville DUI attorney provides aggressive representation for traffic and criminal defense, as the DUI may be accompanied by other traffic offenses, such as assured clear distance, as well as criminal charges, such as possession of drugs.  In Ohio, DUI is referred to as OVI or operating a vehicle under the influence of alcohol or drugs.  The OVI charges can be split in two: (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…)

Orrville Criminal Defense Attorney

Someone who is accused of a crime in Orrville needs an Orrville criminal defense attorney, who is available to provide defense for a variety of criminal cases, such as disorderly conduct, OVI, domestic violence, forgery, breaking and entering, and felonious assault.  An experienced Wayne County criminal defense attorney investigates potential defenses and errors in the police investigation that can lead to a dismissal of the charges.  The value of finding such defenses or errors is immeasurable, giving the client the chance to avoid prison, jail, house arrest, fines and suspension of their driver’s license.  Errors in police investigation are usually challenged through a motion to suppress, which, if granted by the court, would prevent the State of Ohio from presenting evidence that was obtained from the police’s wrongful conduct.  Once this tainted evidence is removed from use at trial, the charges are often dismissed.  At the very least, eliminating the state’s evidence can make it difficult for the prosecutor to try the case. (more…)

Dalton Criminal Defense Attorney

A Dalton criminal defense attorney defends individuals accused of committing crimes in Dalton, Ohio.  The Dalton criminal defense lawyer in Wayne County, Ohio, provides defenses for a variety of criminal cases, such as felony drug possession, sex offenses, felony theft, menacing, and DUIs.  An experienced Wooster criminal defense attorney in Medina County determines and pursues potential defenses, as well as errors in the police investigation that can lead to a dismissal of the charges.  The value of finding such defenses or errors is immeasurable, saving the client from consequences such as prison, jail, house arrest, fines and suspension of their driver’s license.  Errors in police investigation are usually challenged through a motion to suppress, which, if granted by the court, would prevent the State of Ohio from presenting evidence that was obtained from the police’s wrongful conduct.  Having such evidence removed from use at trial can result in immediate dismissal of the charges or seriously impair the prosecutor’s case at trial. (more…)

Sterling Criminal Defense Attorney

Crimes alleged to have been charged in Sterling require the services of a Sterling criminal defense attorney.  A criminal defense lawyer in Sterling provides defense for a variety of criminal cases, such as robbery, firearm specifications, drug possession, domestic violence, and traffic offenses.  An experienced Wayne County criminal defense attorney determines and pursues potential defenses, as well as errors in the police investigation that can lead to a dismissal of the charges.  Finding such defenses or errors can save the client from consequences such as prison, jail, house arrest, fines and suspension of their driver’s license.  Errors in police investigation can be exposed through a motion to suppress, which, if granted by the court, would prevent the State of Ohio from presenting evidence arising out of the police’s wrongful conduct.  If the evidence is crucial, this can result in dismissal of the charges. (more…)

Certificate Of Qualification For Employment

What is a Certificate of Qualification for Employment (CQE)?  A CQE is an order from the common pleas court in the county in which you reside that allows to apply for employment or a professional license even if your conviction may have disqualified you in the past.  Many employers exclude convicted felons as potential job candidates.  This makes it even more difficult for a convicted felon to re-integrate himself or herself into society.  A CQE can provide the employer the assurance needed to give someone a chance.
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Can a Juvenile Court Give an Adult Sentence?

Can a juvenile court give an adult sentence?  It sure can.  However, this option is only available for a Serious Youthful Offender (SYO), which blends juvenile and adult sentences.  Bindovers to adult court are not included in this article, as those cases involve a hearing to determine if a juvenile should be tried as an adult, and, if so, the juvenile’s case is transferred to adult court.  SYO exists in the world between the typical juvenile proceedings and adult court. (more…)

Creston Criminal Defense Attorney

Someone who is accused of a crime in Creston, Ohio, needs a Creston criminal defense attorney, who is available to provide defense for a variety of criminal cases, such as trafficking in drugs, automobile theft, assault, and DUIs.  An experienced criminal defense attorney determines and pursues potential defenses, as well as errors in the police investigation that can lead to a dismissal of the charges.  The value of finding such defenses or errors is immeasurable, saving the client from consequences such as prison, jail, house arrest, fines and suspension of their driver’s license.  Errors in police investigation are usually challenged through a motion to suppress, which, if granted by the court, would prevent the State of Ohio from presenting evidence that was obtained from the police’s wrongful conduct.  Having such evidence removed from use at trial can result in immediate dismissal of the charges or seriously impair the prosecutor’s case at trial. (more…)

Doylestown Ohio Criminal Defense Attorney

Someone who is charged with a crime in Doylestown, Ohio, needs a Doylestown criminal defense attorney, who is available to provide defense for a variety of criminal cases, such as felony theft, vandalism, disorderly conduct, and OVIs.

Doylestown Criminal Defense Attorney Handles Misdemeanors

If the crime is alleged to have been committed in Doylestown, Ohio, misdemeanor offenses will be handled by the Wayne County Municipal Court, starting with the arraignment and bond hearing. Pre-trials are set by the court.  If the accused pleads guilty or no-contest, or is found guilty at trial, the court will proceed to sentencing. (more…)

Rittman Criminal Defense Attorney

Someone who is accused of a crime in Rittman, Ohio, needs a Rittman criminal defense attorney, who is available to provide defense for a variety of criminal cases, such as trafficking in drugs, automobile theft, assault, and DUIs.
If the crime is alleged to have been committed in Rittman, Ohio, misdemeanor offenses will be handled by the Wayne County Municipal Court, starting with the arraignment and bond hearing. Pre-trials are set by the court.  If the accused pleads guilty or no-contest, or is found guilty at trial, the court will proceed to sentencing. (more…)

Ohio Has A Unique Restriction On Traffic Stops

Ohio has a unique restriction on traffic stops.  The Ohio Supreme Court, in its Robinette decision, said that police officers may not request consent for a search of a vehicle, once the purpose of the initial traffic stop is completed and there is no evidence of any wrongdoing beyond the reason for the traffic stop.  The Supreme Court of Ohio said that the courts have an obligation to protect the ordinary law-abiding citizen from intrusive, illegal and overbearing government action.  This protection is necessary because most people are not aware of their right to refuse consent to a search of their vehicle. The United States Supreme Court, in its review of this decision, declined to adopt this rule for the entire nation.  In doing so, the rule was left intact in Ohio.  This was an unfortunate decision, as the Ohio Supreme Court got it right in this instance.  Authorities should not be allowed to further detain people and request consent after they have already issued a citation, and checked for license, registration and insurance.  This person should be free to drive off without being subjected to a fishing expedition. (more…)

Unreliable Identification Cannot Be Used At Trial

If the identification procedure used by the police is suggestive and unnecessary, it is a violation of the accused person’s rights. The courts look at the corrupting effect of the suggestive identification against the witness’s ability to make an accurate identification.  Even if the witness had an adequate opportunity to view a suspect, the later use of a highly suggestive identification procedure can make the witness’ testimony inadmissible.  In other words, unreliable identification cannot be used at trial. Courts consider a number of factors, including: (1)        opportunity of the witness to view the criminal a the time of the crime; (2)        the witness’ degree of attention; (3)        the accuracy of the witness’ prior description of the criminal; (4)        the level of certainty demonstrated by the witness at the confrontation; and (5)        the length of time between the crime and the confrontation. (more…)

Ohio Changes OVI Laws

Ohio’s laws for operating under the influence of alcohol have changed over the last several years. Learn more about Wadsworth DUI and surrounding areas.

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