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Posts tagged "DUI attorney in Medina County"

DUI Blood Testing Requirements

DUI blood testing requirements
On February 10, 2016, the Ohio Supreme Court issued a decision on DUI blood testing requirements. In this latest case, the Ohio Supreme Court had to decide if the police substantially complied with the Department of Health regulations.  The substantial compliance standard was created by the Ohio Supreme Court years ago.  Some argue that the substantial compliance standard provides rational flexibility while others argue that it allows court to ignore serious forensic errors by the police.

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  1. New Ohio Criminal Mental State Requirements
  2. EXPUNGEMENT ELIGIBILITY REQUIREMENTS EXPANDED IN OHIO

New Ohio Criminal Mental State Requirements

New Ohio mental state requirements
In 2014, the Ohio Legislature passed into law new Ohio criminal mental state requirements. This new law required any criminal laws passed after December 19, 2014, to contain a mental state or a guilty mind as an element of the offense.  This means the new crime must include the requirement that the accused committed the act recklessly, knowingly or intentionally.  Acting recklessly, knowingly or intentionally is acting with the mental state required as part of the offense.

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Tuscarawas Township DUI Attorney

Tuscarawas Township DUI attorney
One who drives through Tuscarawas Township and receives an OVI citation will be in need of the services of a Tuscarawas Township DUI attorney, who has the familiarity and experience to navigate one’s way through Massillon Municipal Court, Stark County Court of Common Pleas, and Stark County Juvenile Court, where misdemeanor, felony and juvenile DUIs are heard.   Misdemeanor DUI citations issued in Tuscarawas Township are sent to Massillon Municipal Court, Two James Duncan Plaza, Massillon, Ohio 44648.  Felony DUI indictments for an incident alleged to have occurred in Tuscarawas Township are filed in the Stark County Court of Common Pleas, 101 W. Tuscarawas Street, Canton, Ohio 44702.  Delinquency complaints alleging OVI in Tuscarawas Township are filed in the Stark County Juvenile Court, 110 Central Plaza South, Suite 601, Canton, Ohio 44702.   (more…)

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Burbank DUI Attorney

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…)

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Creston DUI Attorney

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…)

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Brunswick DUI Attorney

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…)

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Westfield Center DUI Attorney

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.
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Seville DUI Attorney

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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