21 March

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What Happens At Your OVI First Appearance?

The following will happen when you appear for your OVI First Appearance. At your OVI first appearance you will be called into a big room with many people facing many different types of charges. The Judge, will explain the complaint or charge. This details the offense(s) you are charged with. In addition, the Court must explain it to you if you do not understand the nature of the charge(s).The Judge will also advise you of the potential penalties. Many people will plead guilty to the charges and receive their punishment. We are often confronted with people who regret their OVI arraignment...

31 July

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The Arraignment: Your First Appearance Before The Judge

Posted by Dayton DUI

in Uncategorized

If you do not have an attorney, you may be required to appear at an arraignment hearing Here is what happens at an arraignment.The Judge, will explain the complaint to you which details the offense(s) you are charged with, and will explain it to you if you do not understand the nature of the charge(s). The Judge will also advise you of the potential penalties. You will have the opportunity to ask questions that you have on the rights explained here, the charge, or the maximum penalty possible under the law. You will have the right to retain an attorney...

03 October

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An Overview Of The OVI Process From Beginning To End

Posted by Dayton DUI

in Uncategorized

In this video, we walk you through the typical OVI process.OVI PROCESS - ARRAIGNMENT Following an OVI arrest, you will attend your ARRAIGNMENT. This hearing is designed to allow you to enter a plea. No doubt, you will have considered getting an attorney. We offer a free consultation. Furthermore, I make myself available immediately. If you have an attorney at this point, you may not have to attend this hearing. If you hire me, we file paperwork with the court. This paperwork will tell the court you have an attorney. In addition, we file other important papers to protect your rights....

04 June

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Entering A Plea – What Are Your Options?

Posted by Dayton DUI

in Uncategorized

Entering a plea. Your first appearance is called an arraignment. At this hearing the judge is seeking to determine how your case will proceed. When your case is called in court you will be required to enter one of the following:GUILTY - If you feel you are guilty. The matter will be disposed of and the court may proceed to sentencing immediately. NOT GUILTY - If you feel you are not guilty or if you are in doubt. If you enter a plea of not guilty your case will then be continued to a later date for trial or other disposition. NO CONTEST...

07 April

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Do I Need To Appear In The Miamisburg Municipal Court?

Posted by Dayton DUI

in Ohio Cities

For anyone facing a DUI charge in the Miamisburg Municipal Court your first appearance in court will be a mandatory appearance unless you hire an attorney prior to the date. The first appearance (called an arraignment) on a DUI charge requires an appearance. Traffic offenses which are NOT waiverable and therefore DO require a court appearance are as follows:Any felony/ indictable offenseOperating a vehicle under the influence of alcohol or drugs of abuseLeaving the scene/ personal injury or death resultingAllowing a minor to drive (no O.L)Driving while under suspension or revocationAll school zone/ bus violations A third or more moving violations...

03 October

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What Happens At A DUI Arraignment?

Posted by Dayton DUI

in Uncategorized

The following will happen when you appear for your DUI arraignment.The Judge, will explain the complaint to you which details the offense(s) you are charged with, and will explain it to you if you do not understand the nature of the charge(s). The Judge will also advise you of the potential penalties.You will have the opportunity to ask questions that you have on the rights explained here, the charge, or the maximum penalty possible under the law.You will have the right to retain an attorney even if you intend to plead guilty, and a right to a reasonable continuance to...

07 November

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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...

15 February

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Ohio OVI Law: What is an Arraignment?

Posted by Dayton DUI

in Uncategorized

The first hearing in an Ohio DUI case is the arraignment. Ohio arraignments are governed by Rule 8 of the Ohio Traffic Rules (Traf. R. 8). The purpose of the arraignment is to assure that the accused is aware of the charges against him or her, and that the accused is made aware of his or her rights. (Traf. R. 8(B)) At this hearing, the court will, in open court, read the charge and ask the defendant to enter a plea. Prior to asking for a plea the arraigning judge must be satisfied that the accused understands (1) the right...

21 September

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OVI Update: When is Late Too Late?

Posted by Dayton DUI

in DUI Law

In State v. Bower, 2010-Ohio-4420, Defendant Dustin Bowers was arrested for OVI (drunk driving) and a chemical test of his breath resulted in a BAC reading of .085. He was given appointed counsel on September 11, 2010 and counsel filed for discovery pursuant to Crim.R. 16. It was not until November 9, 2010 (62 days after the arraignment) that counsel filed for leave to file a motion to suppress. The Court denied leave and the Defendant was found guilty. Defendant appealed and the 5th Dist. Ct. of Appeals denied his appeal. The court reasoned that it will not disturb the...

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