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Dayton DUI Attorney Charles Rowland > Posts tagged "state v brooke"

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...

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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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Prior Convictions Used To Enhance An OVI

It is not uncommon for a client to choose my representation on a second, third, or fourth OVI offense.  One of the first things we check is whether or not the client was represented by an attorney in the previous convictions.  We also check to see if the prior plea had a valid waiver of counsel.  Both of these issues were addressed by the Ohio Supreme Court in State v. Brooke, 113 Ohio St. 3d 199, 2007-Ohio-1533, 863 N.E. 2d 1024 (2007), wherein the Court stated: Generally, a past conviction cannot be attacked in a subsequent case.  However, there is a...

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