Category: Fairborn DUI

beavercreek ovi

First Offense Fairborn/Beavercreek OVI – What To Expect

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first offense Beavercreek OVI/Fairborn OVI is defined at O.R.C. 4511.19 as a OVI 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) The person has a concentration of seventeen-hundredths of one per cent or more by weight per unit volume of alcohol in the person’s whole blood.
  • (g) The person has a concentration of two hundred four-thousandths of one per cent or more by weight per unit volume of alcohol in the person’s blood serum or plasma.
  • (h) The person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person’s breath.
  • (i) The person has a concentration of two hundred thirty-eight-thousandths of one gram or more by weight of alcohol per one hundred milliliters of the person’s urine.

Appreciable Impairment Offenses:  If you refuse to take a chemical test, the State might still be able to prove you guilty of a first offense OVI if they prove (beyond a reasonable doubt) that you  operated a motor vehicle after having consumed some alcohol, drugs of abuse, or a combination of the two and their ability to operate the motor vehicle was appreciably impaired.  How does a jury determine “under the influence?”  The following is an excerpt from the Ohio Jury Instructions:

“Under the influence” means that the defendant consumed some (alcohol) (drug of abuse) (combination of alcohol and a drug of abuse), whether mild or potent, in such a quantity, whether small or great, that it adversely affected and noticeably impaired the defendant’s actions, reaction, or mental processes under the circumstances then existing and deprived the defendant of that clearness of intellect and control of himself/herself which he/she would otherwise have possessed. The question is not how much (alcohol) (drug of abuse) (alcohol and a drug of abuse) would affect an ordinary person.

The question is what effect did any (alcohol) (drug of abuse) (alcohol and a drug of abuse), consumed by the defendant, have on him/her at the time and place involved. If the consumption of (alcohol) (drug of abuse) (alcohol and a drug of abuse) so affected the nervous system, brain, or muscles of the defendant so as to impair, to a noticeable degree, his/her ability to operate the vehicle, then the defendant was under the influence. The Ohio jury Instruction cites language from State v. Hardy (1971), 28 Ohio St.2d 89, 57 O.O.2d 284, 276 N.E.2d 247; and State v. Steele (1952), 95 Ohio App. 107, 52 O.O. 488, 117 N.E.2d 617.

The “appreciable impairment offense” is set forth at Ohio Revised Code 4511.19(A)(1)(a) which states,

(A)(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:

(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.

First Offense OVI Penalties:  The following penalties are reserved for first offense Miamisburg OVI offenders.  Obviously, it is in your interests to hire counsel who can assess your case and provide you with an honest assessment of your case.  Be sure to discuss not only the mitigating factors that your attorney should know, but the not-so-good aspects of your case.  Judges have discretion to look at many factors in fashioning a remedy and your attorney should be able to give you an idea of how to approach your case so as to minimize any potential penalties.  Here are the range of possible penalties for a first offense OVI.

  • Jail – 3 Days Minimum up to 6 Months or,
  • Driver Intervention Program – For 3 Days
  • Jail – 6 Days (If Blood Alcohol Concentration .17 or Above)
  • License Suspension – From 6 Months to 3 Years
  • Reinstatement Fee – $475.00
  • Fine – From $375 to $1,075

Party Plates (Ohio’s Scarlet Letter)

When are yellow OVI plates required?  If you are convicted of OVI in Ohio, yellow “restricted plates” are required in certain circumstances.

  • If you are convicted of OVI as a first offense, the judge has discretion to order restricted plates as a condition of granting you limited driving privileges.
  • If you are placed under and administrative license suspension, a judge has discretion to order restricted plates as a condition of granting limited driving privileges.

Is an Interlock Ignition Device Mandatory?

The device is not mandatory on a first offense OVI in Beavercreek and Fairborn.  Judges have discretion to require the ignition interlock device on first offenses, but on subsequent offenses the IID is mandatory.  It is important to speak with an experienced attorney who is familiar with the judge presiding over your case to get an idea of whether or not you will likely receive an ignition interlock device on a first offense.

Immobilization

If you do not have a prior OVI offense, getting your car back is relatively easy as Ohio OVI law does not authorize immobilization as a penalty for a first offense.  Here are the steps you should take to get your car back.

  • Locate the proper tow lot;
  • Gather enough cash (or other proper payment) to pay towing and storage fees;
  • Gather proof of ownership; and
  • If you were placed under and Administrative License Suspension, get a licensed driver to drive your car from the impound lot.

If you have trouble with ANY of the items above, contact your Beavercreek OVI/Fairborn OVI attorney and they will help get your car back.  Our office has even gone as far as having our staff drive to the tow lot on our client’s behalf.  It is to your advantage to move quickly in order to save storage fees.

What does a first offense OVI defense cost?  We encounter many people who want a rational, economic justification for hiring an OVI attorney on a first offense OVI.  The only study I could find on this topic was a 2006 Texas Department of Transportation study which calculated the costs of a drunk driving conviction “in that state showed the total costs of a DWI arrest and conviction for a first-time offender with no accident involved would range from $9,000 to $24,000.” [source]  In a story from CNBC citing that study, they speculate that total costs, absent you losing your job, could range as high as $20,000.  While projecting costs without knowing your particular circumstance is wildly speculative, here are some of the expenses you may realize:

  • Court costs.
  • Attorney fees.
  • Loss of job.
  • DUI “school.”
  • Temporary loss of income.
  • Car towing, impounding.
  • Alternate transportation costs.
  • Car ignition interlock device.
  • Periodic blood testing.
  • Monthly monitoring fees.
  • Cost of incarceration.
  • Increased auto insurance premiums

Obviously, if you were to lose your job and/or your career because of an Beavercreek OVI conviction, the lifetime costs skyrocket.  Insurance premiums, damages caused by personal injury or costs of restitution for property damages also cause the costs to climb.  Some of the expenses highlighted above can take years to come to fruition and the lingering effects of having a drunk driving conviction may be with you for life.  The good news is that a good OVI attorney can significantly curb the financial detriments incurred in a OVI case.  While predicting what an attorney can save you is just as wildly speculative as predicting costs, it is common for many of the costs to be subject to negotiation and/or reduction.  A reduction of the charge will not only lower the possible maximum fines, but can also get rid of ugly mandatory punishments required by Ohio’s OVI statute. O.R.C. 4511.19.  The best way to explore how much a vigorous OVI defense will costs in your case, contact Charles M. Rowland for a free consultation.

For more information about a BeavercreekOVI/Fairborn OVI, check out www.BeavercreekOVI.com or www.FairbornOVI.com

Fairborn Municipal Court’s Vivitrol Drug Court Program Is Certified

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The Fairborn Municipal Court’s Vivitrol drug court has received certification.

According to the very good story in the Fairborn Herald,

The Fairborn Municipal Vivitrol Drug Court program aims to teach individuals how to live a drug and alcohol-free life. Those accepted are expected to be able to do so within two years of entering the program. It is broken into four phases, and individuals will begin Vivitrol treatment within the first phase, and possibly discontinuing the drug during or after the fourth phase, depending on the individual. In the first phase, participants are screened a minimum of two times per week, visit with the probation officer at least once per week and attend status hearing at the courts twice per month. Phase one lasts 12 weeks, and in order for participants to move on to stage two they must pass the screens for eight consecutive weeks, attend all required appointments and be compliant with court and community control/probation orders.

Phase two highlights drug and mental health counseling by targeting the issues that caused them to begin using drugs in the first place and what complications it has caused them since. Participants will still be screened a minimum of two times per week, attend weekly probation appointments as well as status hearings at the court two times per month. They will additionally attend chemical dependency and mental health counseling per their individual treatment plan. Participants will learn to identify relapse triggers and must begin to develop healthy coping mechanisms. In order to move on to the next stage, participants must have clean drug screens for 12 consecutive weeks, continue following orders and attending meetings.

The third phase aims at action, as participants will have less appointments to attend and will begin applying what they have learned through the program in their day-to-day functions. It lasts 12 weeks, and participants are pushed to start working toward their goals, such as finding employment or enrolling in school, which will vary on a case-by-case basis. Participants must undergo one screen per week, one probation appointment every other week depending on their progress as well as mental health and chemical dependency counseling according to their individual plans. Participants will attend court hearings once per month. In order to start the final phase, participants must have clean drug screens for 12 consecutive weeks, be compliant with all court orders and probation rules and attend all appointments.

The fourth and final phase focuses on continuation, as participants will have even fewer appointments to attend and will keep working toward their goals. They will be screened twice per month, attend probation appointments every three to four weeks, see the judge once per month and have chemical dependency counseling according to their individualized treatment plans. In order to begin aftercare, they must have clean drug screens for the remaining five months, complete a relapse prevention plan, attend all required appointments and continue to follow court orders and probation rules.

The program then monitors participants for six months following completion, by meeting with the probation officer on a monthly basis and choosing whether or not to continue counseling and court status hearings.

Naltrexone reverses the effects of opioids and is used primarily in the management of alcohol dependence and opioid dependence. It is marketed in generic form as its hydrochloride salt, naltrexone hydrochloride, and marketed under the trade names Revia and Depade. In some countries, including the United States, a once-monthly extended-release injectable formulation is marketed under the trade name Vivitrol. [Wiki].

Vivitrol Drug CourtThe program is expected to receive final certification from the Ohio Supreme Court Specialized Docket Division following an inspection and observation after the program has begun. People referred to the Vivitrol drug court would be assessed by the judge, defense counsel, prosecutor and probation officer.  To be in the program, the defendant will be required to take Vivitrol. Once admitted, they meet with the probation officer for a risk assessment, then a drug and alcohol and mental health assessment. At that point, the treatment team would review the individual’s assessments results and would discuss if the individual would be a good candidate for the Vivitrol drug court program.

Fairborn Municipal Court 2014 Annual Report

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The Fairborn Municipal Court, 1148 Kauffman Ave., Fairborn, Ohio 45324.

Fairborn Municipal CourtThe Fairborn Municipal Court has released its 2014 “Annual Report.” Here are some highlights:

  • The total number of charges filed in 2014 was 21,677;
  • In 2014, the Court conducted 70 Criminal and Traffic Trials;
  • In 2014, the Court conducted 2 jury trials;
  • There were 601 OVI (drunk driving) cases filed in 2014;
  • The Ohio State Highway Patrol was the most active agency brining 299 OVI charges. Beavercreek P.D filed 152. Fairborn P.D. filed 120, Greene County Sheriff filed 28 OVI charges and one (1) was filed by Greene County Parks and Wright State University;

If you find yourself charged with an OVI in the Fairborn Municipal Court please contact Charles M. Rowland II, Babb & Rowland, LLC, 2190 Gateway Dr., Fairborn, Ohio 45324, or visit www.FairbornOVI.com or www.FairbornDUI.com. “All I do is DUI defense.

Fairborn Municipal Court

Fairborn Municipal Court 2014 Annual Report

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The Fairborn Municipal Court, covering the jurisdictions of Beavercreek, Fairborn, Beavercreek Township and Bath Township has released it 2014 Annual Report. There were 601 OVI cases filed in the Court. Of those filings, the jurisdictional breakdown was:

  • Beavercreek Police (152)
  • Fairborn Police (120)
  • Ohio State Highway Patrol (600)
  • Wright State Police (1)
  • Greene County Parks (1)
  • Greene County Sheriff (28)

The takeaway is that the primary enforcement OVI enforcement arm remains the Ohio State Highway Patrol. According to the Ohio State Highway Patrol’s 2014 Statistical Summary, they made a total of 368 OVI arrests in the entirety of Greene County. This means that all but 69 of those arrests went to the Fairborn Municipal Court. In 2014, Troopers made 24,706 OVI arrests across Ohio.

For more information about Fairborn Municipal Court,  Fairborn OVI or Beavercreek OVI cases, please click on the appropriate section of this blog.

 

Fairborn DUI Attorney

Fairborn Municipal Court Judge Honored

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Congratulation to Fairborn Municipal Court Judge Beth Root on her selection to the Fairborn City Schools Hall of Honor.  The Hall of Honor program recognizes the outstanding achievements of Fairborn graduates, former Fairborn faculty members and those community members who have provided exemplary service to the school district.

Judge Root, a 1985 FHS Valedictorian will be honored in a ceremony on April 24th at the Fairborn High School Auditorium.

Like Judge Root, we try to honor our home city of Fairborn by upholding the highest standards of the legal community. We hope that you consider us your Fairborn hometown attorneys. Call Charlie at (937) 318-1384 for a free Fairborn DUI consultation, and contact the Fairborn law firm of Babb & Rowland, LLC to help with your case.  We are a full service law firm dedicated to customer service.