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professional drivers Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "professional drivers"

Is It A Crime To Refuse To Take A Breath Test?

Is it a crime to refuse to take a breath test? Ohio has adopted O.R.C. 4511.19(A)(2) which makes it a crime to refuse to take an evidentiary chemical test if you have a prior OVI (drunk driving)  or OVUAC (juvenile/underage drunk driving) conviction any time within the last twenty (20) years.  If you refuse and you have a prior within twenty (20) years then the penalties for your OVI offense will be double the mandatory minimum. (See generally the "Penalties" section of the DaytonDUI blog).Professional drivers who refuse to take a breath test face a separate crime if they do not...

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Limited Driving Privileges

The Limits on Limited Driving PrivilegesRevised Code 4510.021 authorizes courts to grant "limited driving privileges." The Ohio General Assembly  has taken steps to restrict when a court can grant privileges.   A court cannot grant you driving privileges under the following circumstances: (1) If you have been charged with an OVI or OVUAC the legislature has enacted "hard-time" during which the court cannot grant you privileges.  In effect, they are acting to restrict a court from conforming with the American principle that you are innocent until proven guilty.  This author has taken the position that the ability to drive is a right...

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