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Dayton DUI Attorney Charles Rowland > Posts tagged "dui penalties" (Page 6)

DUI Law: Challenging a Forfeiture

Image by lovelypetal via FlickrFORFEITURE, WHAT IS THE LAW? If you are convicted of any of the following the State of Ohio can, pursuant to O.R.C. 4503.234,  order a forfeiture of your vehicle:a third OVI w/in 6 years (O.R.C. 4511.19(G)(1)(c)(v)); any felony OVI (O.R.C. 4511.19(G)(1)(d)(v) and 4522.29(G)(1)(e)(v)); a third offense of driving under suspension (O.R.C. 4510.11(C)(4)); a third offense of driving under an OVI suspension (O.R.C. 4510.14(B)(3)(d)); a third of subsequent offense w/in 5 years of driving under an FRA suspension (O.R.C. 4510.16(B)(2)); a third or subsequent wrongful entrustment (O.R.C. 4511.203(C)(3)); operating or permitting the operation of a vehicle in violation of an immobilization order  (O.R.C....

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DUI Law: Appellate Review & Motion to Suppress

I have written extensively about the importance of filing a motion to suppress to challenge the evidence that the State can use against a defendant in a DUI case.  Counsel can use the motion to suppress as an informal discovery tool, as an informal deposition of the State's witnesses, as a dry run of your scientific defense, or as a method of attacking the State's witnesses.  Whatever your strategy, the goal is to win.  But what if you don't?A defendant has not direct appeal from a decision overruling a motion to suppress because an adverse ruling is not considered a...

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Driving Drowsy is Illegal in Ohio

Image via WikipediaOhio Revised Code 4511.79 makes is a minor misdemeanor for a someone to drive "a commercial motor vehicle"  "while the person's ability or alertness is so impaired by fatigue, illness, or other causes that it is unsafe for the person to drive such vehicle."  The law also provides that, "[n]o driver shall use any drug which would adversely affect the driver's ability or alertness."Furthermore, O.R.C. 4511.79(B) prohibits an owner from "knowingly" permitting a driver in any such condition to drive.  Repeated violations result in enhancement of the charge from a minor misdemeanor to a fourth degree misdemeanor.The National...

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Ohio’s Implied Consent Law

When you drive on Ohio's roadways you are assumed to have consented to a search of your blood, breath, plasma or urine if you are arrested pursuant to the Ohio Drunk Driving statute, R.C. 4511.19(A) or R.C. 4511.19(B).  Ohio Revised Code 4511.191(A)(2) is Ohio's Implied Consent Law.  It states, in pertinent part, "Any person who operates a vehicle, streetcar, or trackless trolley upon a highway or any public or private property used by the public for vehicular travel or parking within this state or who is in physical control of a vehicle, streetcar, or trackless trolley shall be deemed to have...

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Vehicle Seizure in Ohio

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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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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Repeat Offenders: Increased Penalties for Multiple OVIs in Ohio

[caption id="" align="alignleft" width="210" caption="Image via Wikipedia"][/caption]A second offense OVI in Ohio will result in mandatory "party plates," ignition interlock devises, a mandatory one year license suspension, mandatory drug/alcohol treatment and increases the mandatory incarceration period to ten (10) consecutive days minimum.  In addition, your vehicle will be immobilized ("clubbed") for 90 days.  If you blow above a .17 or refuse to take the chemical test having had a prior offense within the past twenty (20) years, you will face a twenty (20) day mandatory incarceration period.  All second OVI offenses in Ohio are classified as a first degree misdemeanors.On...

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Ohio DUI Law Allows Expanded Blood Draws

[caption id="" align="alignright" width="189" caption="Image via Wikipedia"][/caption]A law that takes effect Friday will allow emergency medical workers to draw blood from drivers who crash and are merely suspected of using drugs or alcohol.  Currently, only physicians, registered nurses, qualified technicians, chemists and phlebotomists can take blood from drivers suspected of operating vehicles while under the influence.Adding emergency medical workers would allow samples to be drawn sooner, but that raises several serious questions.  Can drivers be forced to give a sample? Who will train EMS workers to use the different police collection kits? What is...

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Driving Privileges: How to get and keep them!

HOW DO I GET DRIVING PRIVILEGES IN MY OHIO OVI CASE? 1. Bring in or send us your proof of insurance.  This can be a card, or the declaration page of your insurance policy. • Is your name on the card?• Does your insurance cover the incident date?• Is this your first offense?  If not an SR-22 bond may be required prior to getting your privileges.• Contact us at 937-879-9542, or by fax at 937-879-0232,or by emailing our administrative staff at lgaipo3@yahoo.com.• Depending on the court you will be permitted up to  60 hours per week (TO, FROM AND DURING)...

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Ohio Prison Information via the Ohio Department of Corrections

[caption id="" align="alignright" width="240"] Image via Wikipedia[/caption]If you want to find someone who is currently incarcerated in the Ohio prison system, please go to the "OFFENDER SEARCH" page of the Ohio Department of Corrections.  If you need information on the institutions within the Ohio Department of Corrections you can visit an "INTERACTIVE MAP" of each and every Ohio prison.  The Department of Rehabilitation and Correction currently has 31 institutions confining approximately 51,000 inmates. Four of those institutions house female inmates -- the Ohio Reformatory for Women, the Franklin Pre-Release Center, the Northeast Pre-Release Center, and the Trumbull Correctional Camp. The Corrections Medical Center serves as...

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