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DUI & ALS Suspensions Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "DUI & ALS Suspensions" (Page 2)

Dayton DUI: Don’t Pay Your Reinstatement Fee Until Your Case Is Over…

Charles M. Rowland II may be able to get your reinstatement fee lowered from $475.00 to $40.00.  Whether or not he can do this is not decided until the end of the case.  So Don't Pay Right Away! In Ohio, any person who operates a vehicle within the state of Ohio is legally presumed to have given his or her consent to a chemical test of their blood, breath, or urine to determine alcohol content if arrested for OVI (drunk driving).  According to Ohio Revised Code 4511.191, if probable cause exists to believe that you are operating a vehicle while impaired (commonly called a DUI) and you refuse to...

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Driving Privileges: Hard Time

15 days if you took the test, 30 days if you did not (First Offense)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...

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Driving Privileges: Can A Court Prevent Me From Drinking?

A trial court is vested with a great amount of discretion in issuing limited driving privileges under an Administrative License Suspension.  A court may require, as a condition of allowing you to have pre-trial limited driving privileges, that you abstain from the use of alcohol.  The issuing court also has the discretion to order you to put bright yellow, shame-plates on your car and can order you to wear a transdermal alcohol detection unit (commonly called the S.C.R.A.M., "Secure Continuous Remote Alcohol Monitor").  What is more, the court will make you pay for the installation and monitoring of the device....

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

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....

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Do Not Pay Your Reinstatement Fee! (by DaytonDUI)

Charles M. Rowland II may be able to get your reinstatement fee lowered from $475.00 to $40.00.  Whether or not he can do this is not decided until the end of the case.  So Don’t Pay Right Away! In Ohio, any person who operates a vehicle within the state of Ohio is legally presumed to have given his or her consent to a chemical test of their blood, breath, or urine to determine alcohol content if arrested for OVI (drunk driving).  According to Ohio Revised Code 4511.191, if probable cause exists to believe that you are operating a vehicle while impaired (commonly called a DUI) and you refuse to take a...

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Driving Under An OVI Suspension

"I had to get to work.  If I missed another day they were going to fire me, so I drove and got a ticket.  What is going to happen?"  Driving under an OVI suspension is a violation of Ohio Revised Code 4510.14.  It is a separate offense from a DUI/OVI charge and carries harsh mandatory penalties.  Most of these charges originate when a person is desperate to live up to their obligations to their work and/or their family.  Often, the automatic license suspension is the worst part of the DUI experience.  It is the position of this author that taking a person's...

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Will I Have “Party Plates?” (by DaytonDUI)

If you thought that public shaming was a barbaric practice relegated to the distant past, you have not been driving through Ohio.  Ohio was the first state in the country to adopt a form of public humiliation by adopting special license plates for drunk driving offenders.  Use of the "scarlet letter" plates became mandatory in 2004. O.R.C. 4507.02(F)(2) and 4503.231.  These bright yellow plates with prominent red lettering (often referred to as party plates) are an indelible record of your offense and will not be easily forgotten by friends, family, customers and clients.  At DaytonDUI we are opposed to "branding,"...

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Vehicle Immobilizations (by DaytonDUI)

An arrest for drunk driving has many harsh and unintended consequences.  One of the most vexing is immobilization. When a person is arrested for DUI the arresting officer has discretion as to whether or not the suspect's car will be towed.  Sometimes safety concerns, agency policy or other  concerns will cause the officer to call for a tow truck to impound your car.  I have also had cases where an officer goes to great lengths to secure a suspect's car so that they will not incur the inconvenience of an impoundment.  As with other aspects of Ohio DUI law, having...

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Administrative License Suspension (by DaytonDUI)

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.  For many the days following a drunk driving arrest are the hardest to...

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