Ohio DUI Law: State v. Cave (maximum punishment upheld)
Charles is a frequent speaker and a prolific writer on all matters related to OVI / DUI defense.
State v. Cave, 2010-Ohio-1237, 09-CA-6 (OHCA2)
This case originated in the Clark County Common Pleas Court. The sole issue is whether or not the trial court abused its discretion in giving a maximum sentence of five years. The Second District Court of Appeals held, “Defendant-appellant Robert appeals from his five-year sentence imposed following his conviction for Operation of a Motor Vehicle While Under the Influence of Alcohol (OMVI), a felony of the third degree. maintains that the trial court abused its discretion in imposing a maximum sentence, and that the sentence is contrary to law. We conclude that ‘s sentence is not contrary to law and that the trial court did not abuse its discretion in imposing a maximum sentence.”