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DUI Under 21/Juvenile Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "DUI Under 21/Juvenile"

Presumption of Innocence? Not For OVI

The History of The Presumption of Innocence The presumption of innocence, Ei incumbit probatio qui dicit, non qui negat.It is the principle that one is considered innocent unless proven guilty. It dates back to the very foundations of western jurisprudence. The sixth century Digest of Justinian provides, as a general rule of evidence:"Proof lies on him who asserts, not on him who denies."The presumption requires that the prosecution has the obligation to prove each element of the offense. They must prove each beyond a reasonable doub. The accused bears no burden of proof. This is often expressed in the phrase innocent until proven...

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Juvenile DUI Offenses Cannot Be Used To Enhance Sentence

If you have a juvenile DUI offense on your record, this is big! In a 4-3 decision impacting juvenile DUI cases, State v. Hand, Slip Opinion No. 2016-Ohio-5504, the Ohio Supreme Court declared that treating cases from juvenile court as prior convictions for adult-sentencing purposes is unconstitutional, violating the due-process clauses of the Ohio and U.S. constitutions, and is “fundamentally unfair.” Writing For the Majority...

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Teen Drivers Beware – Ohio’s Rules For Obtaining A License

Obtaining a license has changed for teen drivers in Ohio. Teen drivers face a three-step process to obtaining a license. The first step begins when you turn 15 1/2. At this time you may apply for a temporary permit. Then take the drivers license knowledge exam and the eye test.  If you pass, you will receive a confirmation number to present to your local BMV. You are required to bring a copy of your birth certificate and must be accompanied by a parent or guardian.When you are  driving with a temporary permit, you must be accompanied by a parent, guardian or licensed driving...

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Ohio Supreme Court Address Juvenile Prior OVI Offenses

In State v. Bode, 144 Ohio St.3d 155, 2015-Ohio-1519, the Ohio Supreme Court decided an issue affecting juveniles and the ability of the state to enhance a DUI charge based on prior juvenile adjudications.As a juvenile, the defendant was arrested for violating an equivalent offense 4511.19(A)(1)(a), colloquially referred to as a DUI charge. He was not represented by counsel. By 2011 Bode had been convicted of three more DUI charges. In 2011, Bode was indicted for and convicted of felony DUI charges. The cases were felonies because of Ohio enhancement statute R.C. 4511.19(G)(1)(d), which relied on his prior juvenile offense...

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Drinking Underage In Ohio – What Are The Consequences?

Underage possession or consumption of beer or intoxicants is a serious crime in Ohio. The charges are first-degree misdemeanors carrying a maximum penalty of 180 days in jail and up to a $1,000.00 fine. Worse yet, a conviction may leave you with a “criminal record” which is much more serious than a fine or costs. Fear, shame or guilt may compel you to want to plead guilty to put the charge behind you, but that decision may have long-lasting and unintended consequences.If you are under 21 years old, drinking alcohol is illegal in the State of Ohio. Ohio Revised Code...

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Ohio Alcohol Rules: How Can A Parent Promote Moderation?

Ohio Alcohol Rules Allow For Drinking In The Home It is commonly asserted that under-age drinking laws make it illegal for anyone in the US under the age of 21 to drink alcohol. However, that is simply not true. Mothers Against Drunk Driver (MADD) has made it their mission to prohibit all underage drinking, but many parents advocate an approach which teaches children to use alcohol in a moderate and responsible manner. This myth about under-age drinking laws intimidates many parents into not teaching their children how to drink safely and in moderation and is thus seen as counterproductive.A government report to...

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New Restrictions For Juvenile Drivers In Ohio Begins Today

Beginning July 1, 2015, juvenile drivers issued a probationary license will face restrictions on when they can drive and how many passengers are allowed in the car while driving based on experience instead of age. This change is a result of Ohio’s Drive Toward a Safer Ohio Initiative and is an effort to increase the level of experience for Ohio’s young drivers.“The change in driving times and the passenger restrictions during the first 12 months of driving allows Ohio’s young motorists to gain more experience on the road, while reducing their risks,” said Karhlton Moore, Executive Director of the Office...

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It Is Prom OVI Season – Talk To Your Kids!

Prom OVI season is here! That means that Mothers Against Drunk Driving and their partners in law enforcement have begun the annual Prom enforcement blitz.  In addition to tuxedos, ugly wrist corsages and the awkward pictures; make sure you talk to your teen about managing a police encounter.MADD has shifted its focus away from its singular mission of preventing drunk driving, to include an effort to curb underage drinking.  The Prom OVI enforcement is used in conjunction with their efforts at instilling fear amongst parents who may provide alcohol to minors in their home.  This initiative has been aided by a national...

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Felony OVI Prompts Questions Over Juvenile’s Right To Counsel

Yesterday, the Ohio Supreme Court ruled in a felony OVI case that a juvenile has a right to counsel at every stage of a legal proceeding.  State v. Bode, Slip Opinion No. 2015-Ohio-1519.As stated in CourtNews, the court held that, "If confinement is a possible punishment for a juvenile, the juvenile must have waived his or her right to an attorney before the adjudication can be used to enhance a later adult conviction for driving under the influence of drugs or alcohol (OVI), the Ohio Supreme Court held."In this case, the court determined that the 2011 sentence for Jason T....

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Ohio’s High School Drop Out Suspension

Pursuant to the Ohio High School Drop Out Suspension,  the Ohio BMV can suspend the license of a person under the age of 18  if a School Superintendent notifies the BMV of unauthorized withdrawal from school, or habitual absence without legitimate excuse, or suspension for use or possession of alcohol or drugs of abuse.Suspension Shall be Terminated ifSubject is at least 18 years old. Subject provides evidence of a high school diploma or general education development certificate (G.E.D.) of high school equivalence. Superintendent of school district informs the Registrar subject was suspended in error. Superintendent informs the Registrar that subject has satisfied terms or...

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