22 July

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Limited Driving Privileges

The Limits on Limited Driving PrivilegesRevised Code 4510.021 authorizes courts to grant "limited driving privileges." The Ohio General Assembly has taken steps to restrict when a court can grant privileges. A court cannot grant you driving privileges under the following circumstances: (1) If you have been charged with an OVI or OVUAC the legislature has enacted "hard-time" during which the court cannot grant you privileges. In effect, they are acting to restrict a court from conforming with the American principle that you are innocent until proven guilty. This author has taken the position that the ability to drive is a right...

20 April

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DUI Refusals and the Automatic License Suspension

Posted by Dayton DUI

in DUI Law, DUI Process

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...

10 April

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DUI and Your CDL (Commercial Drivers Beware)

Posted by Dayton DUI

in Drugs & Alcohol, DUI Law, DUI Process

Image via Wikipedia”But I was in my own car, on my own time!” 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 OVI offender, an Ohio OVI will...

05 April

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Representing You in the Vandalia Municipal Court

Posted by Dayton DUI

in Ohio Cities

Vandalia DUI Attorney Charles M. Rowland II Can Help Did you know that you can petition on-line for driving privileges if you face an OVI charge in the Vandalia Municipal Court? Just visit the DRIVING PRIVILEGE PAGE of the Vandalia Municipal Court web page. You can also MAKE A PAYMENT on-line. Your misdemeanor DUI (now called OVI; operating a vehicle impaired) case will be heard by the honorable Cynthia M. Heck or by Vandalia Municipal Court's Magistrates, Bonnie Beaman Rice or Fred M. Izeson. The Vandalia Municipal Court is located at 245 James E. Bohanan Memorial Drive in Vandalia, Ohio and the...

20 March

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Driving Privileges in the Vandalia Municipal Court

Posted by Dayton DUI

in DUI Law, Ohio Cities

Did you know that you can petition on-line for driving privileges if you face an OVI charge in the Vandalia Municipal Court? Just visit the DRIVING PRIVILEGE PAGE of the Vandalia Municipal Court web page. You can also MAKE A PAYMENT on-line. Your misdemeanor DUI (now called OVI; operating a vehicle impaired) case will be heard by the honorable Cynthia M. Heck or by Vandalia Municipal Court’s Magistrates, Bonnie Beaman Rice or Fred M. Izeson. The Vandalia Municipal Court is located at 245 James E. Bohanan Memorial Drive in Vandalia, Ohio and the jurisdiction of the Vandalia Municipal Court includes Vandalia, Englewood, Clayton, Union and the Montgomery County Townships of:...

07 March

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Ohio BMV Reinstatement Offices

Posted by Dayton DUI

in DUI Law, DUI Process

You can pay your reinstatement fee by visiting any of the following BMV REINSTATEMENT OFFICES: CINCINNATI 10948 Hamilton Avenue Cincinnati, Ohio 45231 (513) 742-7535 or (513) 742-7545 CLEVELAND 12000 Snow Road, Suite N Parma, Ohio 44130 (440) 845-2007 COLUMBUS 1583 Alum Creek Drive Columbus, Ohio 43209 (614) 752-7600 JACKSON 110 Twin Oaks Drive Jackson, Ohio 45640 (740) 286-5683 TOLEDO 4400 Heatherdowns Blvd. Toledo, Ohio 43614 (419) 245-3010 YOUNGSTOWN Northeast Ohio Regional Service Center 242 Federal Plaza West Youngstown, Ohio 44503 (330) 797-5550...

10 February

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Out of State DUI Consequences

Posted by Dayton DUI

in DUI Law, DUI Process

Question: I was visiting Ohio when I received an OVI charge; what will happen to my out-of-state license? Ohio (and 45 other states) are members of the Driver's License Compact, an agreement wherein member States communicate the fact of a conviction for DUI to the "Home State". The "Home State" then takes action against the licensee under its own laws. Forty-five States are currently members of the Interstate Compact. Michigan and Wisconsin are not part of the DLC. Under all but a few geographical exceptions, it will be impossible for an out of State resident to avoid serious consequences in their...

07 February

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Military DUI: What Happens Now?

Posted by Dayton DUI

in DUI Process

The consequences of an OVI while serving active duty in the military can be devastating: dishonorable discharge, rank reduction, pay deduction, loss of security clearance, fines and jail time and mandatory military counseling sessions and potential exclusion from some sensitive operations. Military regulations often subject its members to enhanced Non-Judicial Punishment (NJP), which go above and beyond the punishments allowed by civilian law. We are seeing more cases where the leadership is “cracking down” on drunk driving offenses and promising to end the career of personnel who are found guilty of an OVI offense. This limits the ability of commanding...

16 November

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Xenia Municipal Court: Driving Privileges

Posted by Dayton DUI

in Ohio Cities

Charles M. Rowland II regularly appears in the Xenia Municipal Court and has maintained the OVI in Xenia Ohio: Everything you need to know Guide to educate people about the court, the court process and how to aggressively defend a DUI (now called OVI; operating a vehicle under the influence) charge. Often, obtaining driving privileges is one of the most important parts of the defense of a drunk driving charge. Judge Michael Murry has issued rules regarding obtaining driving privileges in the Xenia Municipal Court on the court's web site (HERE). You can obtain a printable version of the court's application form...

15 November

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Vehicle Seizure in Ohio

Posted by Dayton DUI

in DUI Law, DUI Process

Vehicle seizures in Ohio are governed by two separate statutory schemes. The procedure for OVI vehicle seizures is governed by R.C. 4511.195 and the statutory outline for Driving Under Suspension (DUS) and Wrongful Entrustment Cases is controlled by R.C. 4510. Your vehicle will be seized if you are charged with any of the following offenses:A second or greater OVI within six (6) years and/or any felony OVI offense; Driving Under Suspension, R.C. 4510.11(C)(2); Driving Under and OVI Suspension, R.C. 4510.14(B)(3)(d); Driving Under an FRA (Financial Responsibility Act) Suspension, R.C. 4510.16(B)(3); Wrongful Entrustment, R.C. 4511.203(C)(3); or Violation of an Immobilization Order, R.C. 4503.236(B).At or before your...

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