The OVI charges were ultimately dismissed and a plea to a traffic station instead saving him from high points to his license, an OVI on his record and a license suspension. 1. No Reason for Traffic Stop A police officer must have a reasonable cause for pulling an individual over. We showed the court that there were problems with the citation that was issued and argued that he should not have been placed under the license suspension to begin with. . Regardless of the punishment, you dont want a DUI hanging over your head as you apply for jobs and proceed throughout life. When our client was charged with an OVI, we worked diligently with the prosecutor and court to obtain a dismissal of the OVI charges as well as getting his administrative license suspension vacated to save his job and CDL. Through extensive negotiations, we were able to achieve a dismissal of the OVI with our client pleading to a reduced charge of reckless op. By pleading to a simple traffic offence, our client was saved from any jail time, from having to complete a drivers intervention program, from high points to his license, a damaging criminal record, and high fines. The police charged our client due to a suspicion of impaired driving and as a result a breath test was conducted that resulted in an over-the-limit test. Study the discovery responses for areas to challenge. However, with a DUI conviction on your record, you could be dealing with considerable collateral consequences related to your case. Resisting Arrest, Drug Paraphernalia and Littering Charges Dismissed: Our client received a string of charges, including a first-degree misdemeanor resisting arrest charge, after a visit to the islands. Our client was charged with an OVI after failing field sobriety tests and refusing a breath test. Request a pretrial. See penalty charts now. An OVI charge is not something you want to handle on your own. The breathalyzer test and blood alcohol tests that police administer may be inaccurate. His priority to was to save his commercial driver's license which was subject to an automatic disqualification after an OVI. Consequently, the OVI charges were reduced to a non-moving violation, saving our client from points to her license, jail, high fines, points to her license and an OVI on her record. . You need Student Legal Services. You have a Fifth Amendment right against self-incrimination and a Sixth Amendment right to an attorney. On October 9th, 2022, officers from the Athens Police Department were standing on N. Court Street when they heard a loud crash. Our client was charged with an OVI and an over-the-limit test, but through our representation, we obtained a dismissal of the charges. Affected by other conditions such as the location, road, or weather where the tests were completed. If you have been charged with any crime in Hamilton County, contact the Cincinnati criminal defense attorneys with LHA today for a free, initial consultation. If you have any questions, please feel free to contact us. Once you complete the program, your record will be cleared, and you could move forward with your life. After being charged with an OVI, our client sought our services for an aggressive defense. A DUI is known as an OVI in Ohio, and you can be charged with an OVI even if you weren't physically driving the vehicle. Our firm proudly offers no-cost, risk-free consultations to individuals facing OVI charges across Cincinnati and surrounding cities. Posted By The Meranda Law Firm LTD. Operating a vehicle while under the influence of drugs or alcohol (OVI) charges are taken very seriously in Ohio and, depending on the severity of the case, can be punishable with high fines and possible jail time. You was my rock that helped me through this nightmare, I couldn't have done it without you. Despite showing some signs of impairment and damage to his vehicle, he submitted to a breath test that showed no alcohol. Once a charge is expunged, the record is sealed to the public and shouldnt appear on a criminal background check. We argued that the police had no evidence to show that she did not have a drink AFTER the accident when she got home. After a head-on accident, our client was transported to the hospital. Anyone who operates a vehicle in Ohio implicitly consents to alcohol/drug testing if arrested for DUI (called 'OVI' in Ohio). Angry residents of East Palestine, Ohio confronted officials from the rail operator, whose train caused a toxic chemical dump and . There will be a court-imposed one to three-year driver's license suspension. Fine of $375 to $1,075, plus related costs and fees. Despite our client providing an over-the-limit breath test, we investigated her charges and allegations to uncover several issues with the traffic stop. Because it carries with it 4 points, a mandatory license suspension and the possibility of up to 6 months in jail, he chose to hire use to help protect himself. Helped me prioritize the events that happened. Our client was charge with a regular OVI and an over-the-limit OVI after she was pulled over for a headlight issue and given a breath test. Administrative License Suspension Appeal Won: When a person is arrested for an OVI and either refuses to take a chemical test or takes a test and the result is over-the-limit, they are immediately placed under an administrative license suspension. This lead to an immediate return of her license, vacating the $475 reinstatement fee, avoiding high points to her license, and without any requirement for her to attend jail or a drivers intervention program. For a first-time OVI conviction, you could: Spend 72 hours in jail. A felony OVI charge will cost you at least $850, as well as time away from work while you serve mandatory jail or prison time. Thank you very much for your hard work in my case. Our client was charged with a fourth-degree misdemeanor assault after an altercation at a store. Mr. Smith helped me understand the procedure which helped me better prepare myself for my hearing. After filing a suppression motion raising issues regarding whether the one-way road was properly marked and whether the police had sufficient suspicion of impairment to justify expanding and prolonging the traffic stop, the State agreed to dismiss the OVI charges with our client pleading to a traffic offense. After raising several issues regarding alleged indications of impairment as well as issues with field sobriety tests, we obtain a dismissal of OVI charges for our client with her accepting a plea to a non-moving traffic citation instead. The legal standard for determining whether a law enforcement officer had probable cause to arrest an individual for OVI is whether, "at the moment of the arrest, the police had sufficient information, derived from a reasonably trustworthy source of facts and circumstances, sufficient to cause a prudent person to believe that the suspect was The offense carries the following criminal penalties: A maximum of six months in jail, with a mandatory minimum sentence of 72 hours. Just as the Fourth Amendment protects drivers in Ohio and across the United States from illegal search and seizure, the Constitution of the United States often comes into play as a foundational defense against OVI charges. You are an excellent attorney." Expungement may not be possible for those convicted of a DUI. Misdemeanor OVI. After extensive preparation and negotiations in this case, on the morning of the trial, an agreement was reached from the State to dismiss the OVI charges against our client with him agreeing to plead to a non-moving citation instead. The first step to beating a DUI charge is to obtain an attorney who regularly and successfully practices DUI defense. He provides clients of the firm with competent legal representation and focuses his law practice in the areas ofDUI Defense,Criminal Defense, Family Law Issues, Federal Criminal Law and Personal Injury cases. Please contact us at the number above if you do not have a case number. These results will be used against you in court to try to prove your level of impairment has been impacted. I was over whelmed and devastated at the loss of my job after 27 years of employment. Despite the fact that the police obtained a breath test showing our client over the legal limit, though negotiations an agreement was reached to dismiss the OVI charges with our client pleading instead to a non-moving citation. Thank you! Negotiations with the prosecutor and discussions with the judge resulted in a dismissal of the drug possession and paraphernalia charges and an agreement to reduce the OVI to a simple motor vehicle equipment violation, saving our client from high fines, high points to his license, disqualification from student aid, a license suspension and other implications. However, through researching the reports and body cam, and through negotiations with the prosecutor, we achieved an agreement to dismiss the OVI in exchange for a plea to a non-moving violation with no license suspension, no points to her license, no jail, and no drivers intervention program. After an argument erupted between our client and his girlfriend, he found himself charged with domestic violence. On the day of trial, we prevailed with our arguments and our client escaped this ordeal with a fine of $350, but no license suspension, no jail time and no probation. Right off the bat, a not-guilty plea gives the defendant the right to challenge the OVI charge in a court of law, taking the charge to trial. After reviewing several issues with the prosecutor, an agreement was reached to dismiss the OVI charges, with our client pleading instead to two traffic citations. If a driver has five or more convictions over the past two decades, they face a maximum five-year prison sentence. After blowing into that breathalyzer and getting charged with an OVI, Ohio defendants do have some options in and out of court that may help them challenge the charge, or at least lessen the legal fallout. Call a skilled criminal defense attorney for advice on possible legal defenses to your OVI charge. Court-imposed driving limitations may also impact your ability to get to and from work as well. Cincinnati OH 45202-2180. Some of the potential defenses you might need to use to defend yourself in court include: Your OVI lawyer in Cincinnati can help you avoid the harsh penalties of a conviction. We filed a suppression motion to keep out the breath test, raising arguments about the stop, field sobriety tests and breath test. Our client was charged with an OVI after a traffic stop, standardized field sobriety tests, and refusing a breath test. However, through thorough preparation and extensive investigations, we obtained a dismissal of the OVI charges with our client accepting a non-moving citation instead. Failed to read the implied consent warning before completing the breath test (or blood test). Through a thorough evaluation of the urine test results and raising issues with the tests, we were able to obtain a complete dismissal of all OVI charges against our client. After our client was charged with a second OVI in ten years, with enhanced penalties due to a refusal to submit to a breath test, we provided an aggressive defense by demanding all reports, videos and documentation and used that evidence to craft a suppression motion detailing significant issues with the State's case. How to Get Your Ohio Driver's License Back After an OVI/DUI The ability to get your driver's license back after an Ohio OVI will vary based on what happened in the underlying case. THC in the amount of 2 ng/ml milliliter in blood; 10 ng/ml in urine. He is very thorough and made me feel very confident with him handling my case.