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DUI & ALS Suspensions Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "DUI & ALS Suspensions" (Page 3)

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

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...

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DUI Law: Is This Constitutional?

Even if you are found not guilty at trial, the Automatic License Suspension issued at the beginning of your case will remain in effect.  Yes, even if a jury of your peers concludes that you were wrongly arrested for OVI and exonerates you in court, the harsh ALS penalty will remain in effect.  Guilt or innocence does not matter.  How can this be?In State v. Lewis, 2010 Ohio 2872 the First District Court of Appeals found that Ohio DUI law calls for an automatic license suspension if a person refuses a chemical test and O.R.C. 4511.191(D)(1) specifically states that “[a]ny...

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Automatic License Suspension – Testing Over the Limit

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...

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Classes of License Suspensions in Ohio

How Long Will My Suspension Last? Ohio has devised a "CLASS" suspension system setting forth the lengths of time a person can be without a license.  The classifications can be found at R.C. 4510.02 (A) (Court Suspensions; denoted by numbers) and R.C. 4510.02(B)(BMV Suspensions; denoted by letters).  It is advisable that you speak with your attorney as many courts offer programs (at little or no cost) that help you get valid.  Below are the lengths of the various suspensions as set forth in the Ohio Revised Code:COURT SUSPENSIONSClass 1: Lifetime Class 2: 3yrs to life Class 3: 2 - 10yrs Class 4: 1 -...

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I Did Not Refuse!

If you were tested on an Intoxilyzer 5000 breath test machine, the source-code (software inside the machine) may have been rigged against you.  One of the most dramatic happenings in the science of a DUI has been the developments of the source-code battle taking place in Minnesota.  Ohio has recently rejected the Ohio-made BAC DataMaster in favor of the Intoxilyzer breath test machine (often referred to as the Intoxi-LIAR) so we can soon expect similar science-based battles in the Buckey State.Chuck Ramsay, a DWI attorney in Minnesota has been litigating the reliability of the Intoxilyzer 5000 for several years.  Recently...

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DUI Refusals and the Automatic License Suspension

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 chemical test at the request of law enforcement, 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 court appearance which will be held within 5...

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Ohio OVI Law: State v. Lewis (ALS Remains)

State v. Lewis, 187 Ohio App.3d701, 2010-Ohio-2872 Verdial Lewis was found not guilty of OVI in a trial in the Hamilton County Municipal Court.  Upon finding the defendant not guilty, the court terminated the (ALS)  administrative license suspension that was imposed for the driver's refusal to submit to a chemical test.Upon appeal, the 1st District Court of Appeals, in an opinion written by Judge Sylvia S. Hendon held that a not guilty verdict on a charge of OVI did not permit termination of the (ALS) automatic license suspension of a motorist's driver's license for having refused to submit to a chemical...

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Ohio OVI and Commercial Drivers

”But I was in my own car, on my own time!”[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]If you have a commercial driver’s license an Ohio DUI charge can have devastating effects on your career.  Often clients who hold a commercial driver’s license fail to understand that Ohio’s OVI laws can affect your livelihood even if you receive a drunk driving charge while you are not operating a commercial vehicle.  If you plead guilty, or are found guilty, of an OVI (drunk driving) offense your commercial driver’s license will be taken away for one year.  If you are a second-time...

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Ohio’s Implied Consent Law

[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]In Ohio, any person who operates a vehicle within the state of Ohio is said 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).  Pursuant to recent changes in Ohio OVI law, an OVI suspect has 3 hours to comply with the request to submit to a test, and failure to do so within the 3 hour limit will be considered a "refusal."  Recent changes allow the police to use "whatever reasonable means are necessary to...

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Ohio DUI/OVI Misdemeanor Charges Are Serious

Image by abardwell via FlickrUnder Ohio DUI Law, it is a serious crime to drive any vehicle while your ability to drive is impaired by alcohol or drugs. While the most common acronym for impaired driving in Ohio is DUI (driving under the influence), it is also referred to as OVI (operating a vehicle while intoxicated), and OMVI (operating a motor vehicle while under  the influence). No matter what acronym you refer to it as, it all describes the same crime and statute.  The penalties for DUI in Ohio are extremely strict, and all involve exposure to jail or prison time. In...

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