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Dayton DUI Attorney Charles Rowland > Posts tagged "dui penalties" (Page 2)

New DUI Punishment Coming To Ohio

The Ohio legislature is considering H.B. 469 (Annie's Law) which would bring a harsh new DUI punishment to the State.Currently, ignition interlock devices are used in all 50 states and the District of Columbia. However, states vary widely in how the ignition interlock devices are used and which drivers are required to install them. In West Virginia, for example, interlock devices are only ordered at a judge’s discretion while Michigan mandates their use for drivers who are found with a BAC more than twice the state’s legal limit.  In Ohio, ignition interlock devices are required for any driver accused of a second...

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Ignition Interlock Devices For Everyone – We Warned You!

H.B. 469 (Annie's Law) presented at the Ohio Statehouse on Thursday will require an ignition interlock device  be installed on the vehicle of all convicted drunk drivers, including first-time offenders.  Ohio law currently prescribes "blow to go" devices for repeat drunk driving offenders, but not on a first offense.  We have longed warned (previous story HERE) that this was at the top of MADD's agenda and a continuation of their desire to impose penalties on a driver before they are found guilty of an offense.  Essentially, this law is an attack on a person's presumption of innocence.  State Representatives Terry Johnson...

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Ohio’s OVI Forfeiture Law: Can I Sell My Car Before It Gets Forfeited?

Under Ohio's OVI forfeiture law, you are not permitted to sell your car if it is subject to forfeiture.  Ohio's OVI forfeiture law is set forth at R.C. 4511.19(G)(1)(b), (c), (d) and (e) and R.C. 4503.233.  Ohio's OVI forfeiture law applies only when:the vehicle is registered to the offender; the vehicle was used in the incident; it is the offender's 3rd OVI conviction within 6 years; it is the offenders 4th or more OVI conviction within 6 years OR 6 within 20years; the offender has a prior felony OVI convictionIn any of these situations, if the title to the motor vehicle that is subject to an order...

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What Is Community Control?

Probation is now called "community control" and provides for terms and conditions you must comply with in order not to go to jail.Community control requires you to work with a "probation officer" (P.O.) for a given period of time as set by the court.  A common misconception is that the probation officer will actively work against you in an effort to return you to jail.  Most of the time, the probation officer is working to make sure you comply with the court order and stay out of jail.  It is up to you to show up and make sure the probation...

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MADD and NHTSA Push For Expanded Use of Ignition Interlock Devices

Mothers Against Drunk Driving and their government partners at the National Highway Traffic Safety Administration want 2014 to be the year that all states expand the use of ignition interlock devices to include anyone convicted of a drunk driving offense.Currently, ignition interlock devices are used in all 50 states and the District of Columbia. However, states vary widely in how the ignition interlock devices are used and which drivers are required to install them. In West Virginia, for example, interlock devices are only ordered at a judge’s discretion while Michigan mandates their use for drivers who are found with a...

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Petition for ALS Driving Privileges in the Vandalia Municipal Court

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...

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First Offense DUI – What To Expect

A first offense DUI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years.  A first offense DUI can be charged in three ways.  The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)).  These types of offenses are also referred to as "per se"  violations.  A second way to be charged is for violating the high-tier provision of Ohio's DUI law.  Ohio has also created a per se “high-tier” limit of .17% BrAC, sometimes referred to as a SUPER-OVI.  The per se high-tier limits for a first offense DUI are set forth at...

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S.B. 337: Ohio DUI Law and Expungment

Ohio DUI law and expungment, am I eligible?  Expungment is the legal method of sealing the record of a prior conviction.  Generally, you attorney will file an Application for Expungment.  The Court will then undertake an investigation, often consisting of a face-to-face interview with the investigator.  If you application is granted the Court will “seal” your record, meaning they physically remove your conviction from the general court records making it “invisible” to the public.  Once expunged, your conviction should not appear on any background checks.  This does not apply if your background check is done for certain government jobs, in...

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Ohio OVI Law: The Habitual Offender Registry

Ohio OVI law states that you  can't be a chronic alcoholic and drive in Ohio.  Ohio driver's license laws forbid the issuance of a driver's license to, or the retention of a license by, a person who is "alcoholic, or is addicted to the use of controlled substances to the extent that the use constitutes an impairment to the person's ability to operate a motor vehicle with the required degree of safety" (Ohio R.C. 4507.08(D)(1).  Such persons will be placed on Ohio's Habitual Offender Registry.If you have an OVI conviction after September 30, 2008 and you have four or more prior OVI (or equivalent) convictions in...

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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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