12 January

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Reckless Operation in Ohio: What is the Law? – Video

RECKLESS OPERATION: What is the law? https://youtu.be/R0IvweB5sdYThis video explains what reckless operation means for your Ohio drivers license and the difference between a reckless operation and an OVI. Reckless operation in Ohio can constitute any number of offenses within the Ohio Revised Code dealing with operation of a vehicle with willful or wanton disregard to persons or property. Commonly, reckless operation is charged under O.R.C. 4511.20 (all codes sections are set forth below). There is a separate O.R.C. section dealing with reckless operation while off-road (O.R.C. 4511.201) and while on a watercraft (O.R.C. 1547.07). O.R.C. 4511.202 is Ohio’s Reasonable Control Statute.The Ohio Supreme...

05 September

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Presumption of Innocence? Not For OVI

Posted by Dayton DUI

in DUI Law

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...

10 June

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What If The Prosecutor Won’t File Charges? O.R.C. 2935.09

Posted by Dayton DUI

in Ohio Criminal Law

In a story that is breaking today, family members of Tamir Rice are seeking to skirt local prosecutors and ask a judge to issue warrants for murder against the police officers involved in the case. The lawyers, tired of waiting for prosecutors to take action, are relying on a rarely used Ohio law to expedite their effort to have two officers charged.The cited statute — Ohio Revised Code 2935.09 — allows anyone with information about illegal activity to file an affidavit for an official to review. It was established in 1960 to give private citizens an avenue when they feel police are...

14 August

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First Offense Kettering OVI – What Is Going To Happen To Me?

Posted by Dayton DUI

in Ohio Cities

A first offense Kettering OVI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years. A first offense OVI 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 OVI 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 OVI are set forth at O.R.C. 4511.19(A)(1) (f)...

04 June

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Kettering DUI – What Is Going To Happen To Me?

Posted by Dayton DUI

in Ohio Cities

A first offense Kettering 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 O.R.C. 4511.19(A)(1)(f) The...

07 May

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Springboro DUI? What To Expect On A First Offense

Posted by Dayton DUI

in Ohio Cities

Springboro DUI? This article is designed to help you understand what to expect if you are charged with a DUI in the Springboro Mayor's Court. 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 April

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Your Kids Will Be Targeted This Prom Season

Posted by Dayton DUI

in Uncategorized

Prom Season in Ohio brings forth a big law enforcement response.Undercover agents with the Ohio Investigative Unit are taking an active role in enforcing Ohio’s alcohol laws to ensure everyone has an enjoyable and safe prom season. Agents throughout Ohio will be conducting compliance checks on liquor permit premises, educating Ohio’s high school students through Sober Truth classes, and working with local alcohol coalitions and law enforcement to bring awareness to the dangers of underage drinking.Parents will be targeted by MADD's "Parents Who Host Lose The Most" campaign. A person who furnishes alcohol to an underage person is guilty of...

08 April

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Furnishing Alcohol To Minors In Ohio

Posted by Dayton DUI

in Uncategorized

Ohio provides tough penalties for furnishing alcohol to minors.In recent years, MADD has shifted its focus away from its singular mission of preventing drunk driving, to include an effort to curb underage drinking. Much of their efforts have been directed at instilling fear amongst parents who may provide alcohol to minors in their home. This initiative has been aided by a national ad campaign called "Parents Who Host Lose The Most." As prom season approaches you may be confronted with information about furnishing alcohol to minors and the penalties associated with such action. Ohio Revised Code Section 4301.69 contains most...

16 December

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Underage Consumption And Ohio’s College Students: Know Your Rights

Posted by Dayton DUI

in Ohio Criminal Law

Being charged with "underage consumption" is a common occurrence on Ohio college campuses. The crime of underage consumption is a violation of Ohio Revised Code, which prohibits possessing, consuming or being under the influence of alcohol under the age of 21. Holding an alcoholic beverage and/or being intoxicated in a public place is enough to sustain the charge. Students sometimes mistakenly believe that an officer must give them a breathalyzer test to "prove" intoxication. This is not the law. College students often compound their problems by being so scared of being arrested for underage consumption that they provide false information to the...

19 June

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OVI or DUI (Which is right?)

Posted by Dayton DUI

in DUI Law, DUI Process

The current version of Ohio's impaired driving law is O.R.C. 4511.19, is entitled "Operating vehicle under the influence of alcohol or drugs - OVI." This is the same offense which is also known as DUI (driving under the influence), OMVI (operating a vehicle impaired), DWI (driving while intoxicated) or drunk driving. The Ohio General Assembly changed the acronym to connote the broadening of the law from simply alcohol impairment to any drug (or condition?) which may impair. The term "operate" also has a broader definition than that of "driving." For example, if a driver is found behind the wheel of...

Ohio revised code Tag

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