Prior OVI Convictions: State v. Brooke

Do You Have A Prior OVI Conviction? We Can Help With That In State v. Brooke (2007), 113 Ohio St.3d 199 the Ohio Supreme Court addressed the issue of a prior OVI conviction. Via Justice Lanziger held the state to its burden in proving the voluntariness of waivers of counsel in prior OVI convictions. The State will be required to show more than that a conviction was recorded and, when challenged, carries the burden of proving the waiver of counsel was voluntary and complied with applicable law. If you face a 2nd, 3rd, 4th or 5th DUI make sure your attorney makes the...

31 January

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You Have Rights! Use Them!

Posted by Dayton DUI

in DUI Law

You Have Rights! You have rights - use them! A typical DUI/OVI stop starts with a probable cause traffic stop. Depending on the time of day, the location or the way you are driving, the officer may begin the encounter believing that you are possibly "19" (police shorthand for a possible R.C. 4511.19 (DUI) violation). Probable cause for the stop can be anything from severe weaving or crashing all the way down to something as de minimus as a license plate light out. The officer's true purpose in pulling you over cannot be questioned if there is even a minor violation...

04 January

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Proving Prior Convictions (Evidence Rule 902)

Posted by Dayton DUI

in DUI Law

Just how hard is it for the prosecution to prove prior convictions in OVI cases? The government has the burden of providing a foundation that the documents proving prior convictions should be relied upon. The Ohio Rules of Evidence, Evid. Rule 902, provides that extrinsic evidence of authenticity, as a condition precedent to admissibility, is not required under three (3) specific circumstances:Domestic Public Documents Under Seal: These can include documents from other states, districts or political subdivision. Domestic Public Documents Not Under Seal: These include documents without a seal, but bearing some attestation that the signatory had the authority to sign the...

08 May

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Driving Privileges: Hard Time

Posted by Dayton DUI

in DUI Process

15 days if you took the test, 30 days if you did not (First Offense)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...

prior convictions Tag

Prior OVI Convictions: State v. Brooke

You Have Rights! Use Them!

Proving Prior Convictions (Evidence Rule 902)

Driving Privileges: Hard Time

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