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Posts tagged "OVI"

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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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…)

Suspended Driver’s License in Ohio

What do you do if you have a suspended driver’s license in Ohio? The solution starts with determining what event caused the driver’s license to be suspended. Once the cause is determined, one may be able to figure out the reinstatement requirements. It is also important to know what can happen if one is convicted of driving under a suspended driver’s license. Ohio BMV’s website can be found on my links page, along with a number of other important links.   How does one’s driver’s license get suspended in Ohio? A judge can order the suspension as part of your sentence for a crime. Such crimes include drug possession, drug trafficking, possession of drug paraphernalia, OVI, hit-skip, fleeing and eluding, or driving under suspension. The Ohio Bureau of Motor Vehicles (BMV) imposes suspensions for failure to show proof of insurance either during a traffic stop or after random selection by the BMV to show proof of insurance. This suspension is known as a non-compliance suspension and is covered under Ohio’s Financial Responsibility Act.   (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…)

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…)

Lawrence Township DUI Attorney

When someone receives a ticket for DUI from a police officer in Lawrence Township, that person will need the services of a Lawrence Township DUI attorney, who has the familiarity and experience to handle such cases in Massillon Municipal Court, Stark County Court of Common Pleas, and Stark County Juvenile Court, where misdemeanor, felony and juvenile DUIs are heard.   Individuals accused of a misdemeanor DUI in Lawrence Township would have their case heard in Massillon Municipal Court, Two James Duncan Plaza, Massillon, Ohio 44648.  Individuals indicted for a felony DUI alleged to have occurred in Lawrence Township will have their matter addressed in the Stark County Court of Common Pleas, 101 W. Tuscarawas Street, Canton, Ohio 44702.  Juvenile DUIs in Lawrence Township are handled in the Stark County Juvenile Court, 110 Central Plaza South, Suite 601, Canton, Ohio 44702.   (more…)

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 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 Criminal Defense Attorney

One accused of a crime in Canal Fulton needs a Canal Fulton criminal defense attorney.  A Canal Fulton criminal defense lawyer can provide a defense for numerous criminal cases, such as felony cases, misdemeanor cases, and traffic cases, such as aggravated robbery, sexual imposition, disorderly conduct and OVI.

Canal Fulton Criminal Defense Attorney Represents Clients In Stark County Courts

  Misdemeanors that are alleged to have been committed in Canal Fulton are heard in Massillon Municipal Court, Two James Duncan Plaza, Massillon, Ohio 44648.  Felonies taking place in Canal Fulton or anywhere in Stark County are heard in the Stark County Court of Common Pleas, 101 W. Tuscarawas Street, Canton, Ohio 44702.  Juveniles accused of crimes in Canal Fulton or anywhere in Stark County will have their cases heard in the Stark County Juvenile Court, 110 Central Plaza South, Suite 601, Canton, Ohio 44702. (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 Criminal Defense Attorney

Sharon Center crimes should be defended by a Sharon Center criminal defense attorney, who is available to provide a defense for traffic, misdemeanor and felony cases.  These cases can include OVI, driving under suspension, speeding, possession of drugs, trafficking in drugs and felony theft.
What court hears a crime alleged to have been committed Sharon Center?  If it is a misdemeanor, it is heard in the Wadsworth Municipal Court, 120 Maple Street, Wadsworth, Ohio 44281.  The Wadsworth Municipal Court also hears cases from the following communities: Wadsworth, Gloria Glens, Lodi, Seville, Westfield Center, Guilford Township, Harrisville Township, Homer Township, Wadsworth Township, and Westfield Township.  Felony cases may start in the Wadsworth Municipal Court, but they are ultimately handled by one of the two general division judges in the Medina County Court of Common Pleas, 93 Public Square, Medina, Ohio 44256.  Juvenile cases in Sharon Center are heard in the Medina County Juvenile Court, 93 Public Square, Medina, Ohio 44256.  The Medina County Court of Common Pleas or Medina County Juvenile Court hear cases occurring anywhere in Medina County. (more…)

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