a

Facebook

Twitter

Copyright 2019 Dayton DUI.
All Rights Reserved.

9:00 - 17:00

Our Opening Hours Mon. - Fri.

937.318.1384

Call 24/7 - Free Consultation!

Facebook

Twitter

Search
OVI Menu
Free Evaluation
logo
Free Evaluation
mobile logo
 

als appeal Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "als appeal"
16 January
0 Comments
Sticky

Arrested for Physical Control?

Posted by Dayton DUI
in DUI Law

What is a Physical Control charge? https://youtu.be/JaywvEoqoIMIn this Video Charles Rowland explains what the physical control option is for a DUI in Ohio.Pursuant to Ohio Revised Code 4511.194 (effective Jan. 1, 2005), it is illegal to be in physical control of a vehicle while under the influence. "Physical Control" is defined as being in the driver's seat of a car and having possession of the vehicle's keys.  Physical Control does not require that the vehicle have ever been driven or even started.  Under the statute, having the keys within reach will satisfy the definition of having “physical control.” This is a growing problem...

Continue reading
23 December
0 Comments
Sticky

Due Process and the Administrative License Suspension

Posted by Dayton DUI
in Uncategorized

How can it be constitutional for the State to take my license immediately via the Administrative License Suspension?Ohio believes that driving is not a right, but a privilege. See 4511.191  If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver’s license on the spot causing your drivers license to be suspended immediately.  This pre-conviction suspension is called the ADMINISTRATIVE LICENSE SUSPENSION. The Administrative license suspension is a suspension imposed by the Ohio...

Continue reading
14 November
0 Comments
Sticky

Petition for ALS Driving Privileges in the Vandalia Municipal Court

Posted by Dayton DUI
in Ohio Cities

Q. How can I obtain ALS driving privileges in the Vandalia Municipal Court?If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver’s license on the spot causing your drivers license to be suspended immediately.  This pre-conviction suspension is called the ADMINISTRATIVE LICENSE SUSPENSION. The ALS is a suspension imposed by the Ohio Bureau of Motor Vehicles and not a suspension imposed by the court.  A court may not grant ALS driving privileges for...

Continue reading
25 January
0 Comments
Sticky

ALS Appeal: Refusal or Obstruction? (by Dayton DUI)

Posted by Dayton DUI
in Uncategorized

Often, our clients will tell us that they could not produce a sufficient sample for the requested chemical test.  "I kept trying, but I just could not blow long enough to satisfy the officer."  If they hope that this information will prevent the imposition of an Administrative License Suspension, they may be disappointed.  Ohio DUI law sets a high bar for overcoming the presumption that law enforcement was not at fault for your failure.The validity of a refusal based on physical incapacity to submit a sample requires a factual finding by the court in favor of the accused. Wilder v....

Continue reading
08 February
0 Comments
Sticky

Innocent Until Proven Guilty; Does it apply in Ohio DUI Prosecutions?

Posted by Dayton DUI
in Uncategorized

Ei incumbit probatio qui dicit, non qui negat In America you are presumed innocent until proven guilty beyond a reasonable doubt.  "Presumption of innocence" serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt and that the accused bears no burden of proof.  This presumption is ancient, dating back to the Old Testament.  In Genesis 18:23-32, it states, "Abraham drew near, and said, "Will you consume the righteous with the wicked? What if there are fifty righteous within the city? Will you consume and not spare the place for the fifty...

Continue reading
07 November
0 Comments
Sticky

Automatic License Suspension – Testing Over the Limit

Posted by Dayton DUI
in DUI Law, DUI Process

According to Ohio Revised Code 4511.191, if you are arrested on suspicion that you are operating a vehicle while impaired (commonly called a DUI) and you take a chemical test which produces a result which is over the per se limit as set by the Ohio Department of Health, your license will be suspended immediately. Depending on previous offenses or refusals, you can have your license suspended for a period of 1 year to 5 years.  After a second offense your vehicle may also be immobilized.You, or your attorney,  can appeal the automatic license suspension (O.R.C. 4511.197)  at the initial...

Continue reading