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Posts tagged "DUI"

Annie’s Law Changes Ohio DUI Law

Annie's law was enacted in Ohio and went into effect April 6, 2017.  It was named after Annie Rooney, an attorney from Chillicothe, Ohio, who was hit and killed on July 4, 2013, by a driver who was a multiple OVI offender and whose blood alcohol level was more than twice the legal limit.  Ohio's new OVI penalties changes the suspension periods, the way jail time is imposed, and the look-back period for enhancing DUI penalties.  Prior to the law, Ohio had a twenty year look back and a six year look back for multiple offender enhancement purposes.  The twenty year look back made the sixth OVI during that time frame a felony.  The six year look back applied to enhancement of penalties for the second through fourth OVIs within that time frame.  The six year look back has been extended to a ten year look back under the Ohio's new OVI law.  In the past, getting four OVIs within ten years was not a felony; the fourth had to be committed within six years.  Now, getting four OVIs within ten years can be charged as a felony.

 

 

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New Ohio Criminal 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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What is OVI in Ohio

What is OVI in Ohio? I typically use the term DUI in my articles because that is what most people commonly call the offense of driving under the influence of alcohol.  Even Ohio lawyers loosely use the term DUI, rather than the official term of OVI.  DWI is typically recognized as an outdated term by both laypeople and professionals.   What are DUI, OVI, DWI, and BAC in Ohio? DUI is driving under the influence.  DWI is driving while impaired.  DUI and DWI are acronyms that are no longer used in Ohio since Ohio enacted a law in 1982 that refers to driving under the influence of alcohol or drugs as OMVI or “operating a motor vehicle impaired.”  But, what is OVI in Ohio if OMVI was the official term at one point?  When Ohio removed the requirement that the vehicle be motorized, the offense was shortened to OVI, or “operating a vehicle impaired.”  This leaves us with the term BAC, which is still alive and well today in the law.  BAC refers to blood alcohol content.  In Ohio, it is illegal to operate a vehicle with a BAC of .08 breath alcohol content or greater.  If the driver is under 21 years of age, the legal limit is as low as .02 breath alcohol content.  For many people, that can be reached with as little as one drink within the hour before testing.   (more…)

Are Sobriety Checkpoints Legal?

Can police use sobriety checkpoints to stop and check to see if the drivers may be driving under the influence of alcohol? In other words, are sobriety checkpoints legal?   The United States Supreme Court held that sobriety checkpoints are valid. In their decision, the Court found that the intrusion and inconvenience to individuals who are stopped is outweighed by the government’s interest in restricting drunk driving. Ohio courts determined that there are four factors to determining the legality of a sobriety checkpoint: (1) a checkpoint location must be selected for its safety and visibility to oncoming motorists; (2) adequate advance warning signs illuminated at night, must timely inform approaching motorists of the nature of the impending intrusion; (3) uniformed officers and official vehicles must be in sufficient quantity and visibility to show the police power of the community; and (4) policy-making administrative officers must make a pre-determination of the roadblock location, time, and procedures to be employed, according to carefully formulated standards and neutral criteria.   (more…)

What Do You Do When Pulled Over By The Police?

What do you do when pulled over by the police?  This really depends on the situation, but there are some tips that work for traffic stops, especially those where the officer suspects a DUI or OVI.   Be aware that the officer and perhaps his video camera is watching your every move.  Signal and pull over right away, but do so smoothly, safely, and completely.  Put the car into park or, if you have a stick-shift, move the gear to neutral and set the parking brake.  Have your license, registration and insurance in hand as quickly as possible.  Keep your seat belt on.  Turn off the radio and roll your window down.  When the officer approaches your vehicle and asks for your driver’s license, registration and insurance, hand them over.  If you still have not located these items, ask the officer for permission before going to retrieve them.  This will alert the officer that you are merely trying to comply with his or her request and that you are not retrieving a weapon.  The officer will be noting whether you are having difficulty finding these items, especially if it looks clumsy.  The officer may ask questions.  You should either politely decline or keep your answers short and true, without admitting anything.   (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…)

Burbank Criminal Defense Attorney

A Burbank criminal defense attorney provides aggressive representation for individuals accused of crimes in Burbank, Ohio.  The Burbank criminal defense lawyer is available to represent people named as defendants in court for a wide variety of crimes, including rape, gross sexual imposition, drug trafficking, forgery, domestic violence, menacing, theft, driving under suspension, DUI, and traffic offenses.
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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 Criminal Defense Attorney

A Sharon Township criminal defense attorney in Medina County defends persons accused of committing crimes in Sharon Township.  A Sharon Township criminal defense attorney is available to provide a defense for traffic, misdemeanor and felony cases, including, but not limited to, DUI, speeding, manufacture of drugs, robbery, and burglary.  Hiring a Sharon Township criminal defense attorney gives you access to the justice system and your opportunity to present your case.
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Massillon Criminal Defense Attorney

Someone who is accused of a crime in Massillon or within the Massillon Municipal Court’s jurisdiction needs a Massillon criminal defense attorney.  A Massillon criminal defense lawyer can provide a defense for numerous criminal cases, such as traffic, misdemeanors, and felonies.  Some examples are DUI, domestic violence, theft, sex crimes, and trafficking in drugs.  When facing jail time or prison time, you need an experienced and aggressive Massillon criminal defense attorney on your side. (more…)

Lodi Criminal Defense Attorney

Someone who is accused of a crime in Lodi, Ohio, needs a Lodi criminal defense attorney in Medina County, who is available to provide defense for a variety of criminal cases, such as breaking and entering, theft, DUIs, disorderly conduct and speeding cases.
The Wadsworth Municipal Court presides over misdemeanors alleged to have been committed in Lodi.  Pre-trials are informally arranged between the criminal defense attorney and the prosecutor.  If the accused is convicted of the offense, the court will usually order a pre-sentence investigation (PSI) prior to sentencing, unless it is a minor misdemeanor. (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 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 Criminal Defense Attorney

Someone who is accused of a crime in Westfield Center, Ohio, needs a Westfield Center 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.
Misdemeanors are heard in the Wadsworth Municipal Court, 120 Maple Street, Wadsworth, Ohio 44281.  Felony cases can start in the Wadsworth Municipal Court, but any trial would occur in the Medina County Court of Common Pleas.  Juvenile cases are heard in the Medina County Juvenile Court, 93 Public Square, Medina, Ohio 44256. (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…)

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…)

What Is A Clinton DUI Attorney?

What is a Clinton DUI attorney?

A Clinton DUI attorney represents individuals charged with OVI, having physical control of vehicle while under the influence, and baby DUI cases.  A motion to suppress can be used to invalidate the traffic stop, field sobriety tests, arrest, breathalyzer test, blood test or urine test.  The Clinton OVI lawyer can negotiate the dismissal of charges that require additional mandatory jail time. What court does a Clinton DUI go to? Misdemeanor DUIs in Clinton are heard in Barberton Municipal Court.  Felony DUIs in Clinton are heard in the Court of Common Pleas for Summit County.  Juveniles accused of DUI in Clinton will have their cases heard in the Summit County Juvenile Court. (more…)

Medina County Criminal Defense Attorney

What is a Medina County criminal defense attorney? A Medina County criminal defense lawyer provides defense for a variety of criminal cases, including traffic (DUI, speeding and more), misdemeanors (domestic violence, disorderly conduct and more), and felonies (auto theft, felonious assault and more).

Medina County Criminal Courts

  Misdemeanors that do not start out in a Mayor’s court, are heard in the municipal courts. These courts are known as the Medina Municipal Court, 135 North Elmwood Ave., Medina, Ohio 44256, and the Wadsworth Municipal Court, 120 Maple Street, Wadsworth, Ohio 44281.  Felonies may start out in the municipal courts, but the bulk of the case will be heard in the Medina County Court of Common Pleas, 93 Public Square, Medina, Ohio 44256.  Juvenile cases are heard in juvenile court in the same location as the common pleas court. (more…)

Barberton DUI Attorney

What is a Barberton DUI attorney? While some may also commonly refer to such an attorney as a Barberton driving under the influence attorney, the better term is a Barberton OVI attorney, or Barberton operating a vehicle under the influence attorney.  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.”  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 license suspension of 180 days and a minimum period of 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…)

Barberton Criminal Defense Attorney

What is a Barberton criminal defense attorney? A Barberton criminal defense lawyer provides defense for a variety of criminal cases.  Such cases include traffic cases, such as speeding, driving under suspension (DUS), leaving the scene of an accident (hit skip), and DUI or OVI.  A Barberton criminal lawyer provides defense for misdemeanor cases, including assault, domestic violence, petty theft and disorderly conduct.  A Barberton criminal attorney provides defense for felony cases, including felony theft, trafficking in drugs, sex crimes, and felony DUI or felony OVI.  This is not a complete list, as the number of crimes fill books and are too numerous to list here. What is the criminal justice system like for a person accused of a crime in Barberton? There are numerous possibilities, but this article will describe the typical procedures.  For example, referrals to diversion or intervention in lieu of conviction are not discussed within the frameworks described below. (more…)

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