Posts Tagged ‘Conviction’

CDL Disqualifications in Ohio

September 27th, 2011
Kenworth near Sears Boyle Heights , Los Angeles.

If you have a commercial driver’s license an Ohio DUI charge can have devastating effects on your career.  Often clients who hold a commercial driver’s license fail to understand that Ohio’s OVI laws can affect your livelihood even if you receive a drunk driving charge while you are not operating a commercial vehicle.  If you plead guilty, or are found guilty, of an OVI (drunk driving) offense your commercial driver’s license will be taken away for one year.  If you are a second-time OVI offender, an Ohio OVI will result in an indefinite revocation of your CDL.  What is more, a court cannot give you privileges to operate a commercial vehicle while the case is pending and that a CDL suspension is in addition to any suspension that the court may impose.  If you drive for a living these penalties can be devastating for you and your family.

This article provides information on the types of suspensions, their length and the governing law.  Given the complexity of the statutes and the dire consequences for violations, it is advisable that you contact a qualified attorney to help you save  your career. Listed below are the additional CDL disqualifications, their length and the governing statute:

SERIOUS TRAFFIC VIOLATIONS WITHIN THREE YEARS

  • O.R.C.  4506.16(D)(5) Two Serious Traffic Violations within a three year period – 60 days
  • O.R.C.  4506.16(D)(6) Three Serious Traffic Violations within a three year period - 120 days

FIRST CONVICTIONS

  • O.R.C.  4506.15(A)(2) BAC of .04% or more in a commercial vehicle – 1 yr.
  • O.R.C.  4506.15(A)(5) DUI (even if in your private non-commercial vehicle) – 1 yr.
  • O.R.C.  4506.15(A)(6) Using your commercial vehicle in commission of a felony – 1 yr.
  • O.R.C.  4506.15(A)(7) Refusing to submit to a blood, breath or urine test – 1 yr.

NOTE: If convicted of any of the above while operating a vehicle placarded for hazardous materials, the disqualification increases to three years under 4506.16(B)6 of the ORC.

SECOND CONVICTIONS

  • O.R.C.  4506.15(A)(2) BAC of .04% or more – lifetime disqualification
    O.R.C.  4506.15(A)(5) A second conviction for DUI/OVI - lifetime disqualification
    O.R.C.  4506.15(D) Leaving the scene of a traffic crash - lifetime disqualification
    O.R.C.  4506.15(E) Using the commercial vehicle in the commission of a felony – lifetime disqualification
  • O.R.C.  4506.15(F) Refusing to submit to a blood, breath or urine test – lifetime disqualification
  • O.R.C.  4506.16(B)(4) First time commission of a felony with a controlled substance - lifetime disqualification

Under Ohio’s commercial driver’s license law, any person who holds a CDL shall be deemed to have consented to such testing as is required of him/her by any state or jurisdiction. If any level of alcohol is detected, law enforcement can place a commercial driver out-of-service for 24 hours. It is illegal to operate a commercial vehicle with any alcohol in your system. A first Out-of-Service violation (O.R.C. 4506.15(A)(7)) will result in a 90-day disqualification and a second Out-of-Service violation (O.R.C. 4506.16(A)(2)) will result in a one year disqualification and a third Out-of-Service violation (O.R.C. 4506.16(A)(3)) will result in a three year disqualification.  Violations for Out-of-Service while transporting hazardous materials are governed by O.R.C 4506.16(B)(1) and O.R.C. 4506.16(B)(2).  A first HAZ-MAT Out-of-Service will result in a 180 day disqualification and a second will result in a three year disqualification.

“My dad was a driver. He hauled coal.  I don’t know what our family would have done if he was unable to drive.  I know and understand how to handle your case and get you back on the road.  Call me today at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263) or visit me at www.DaytonDUI.com.  All I do is DUI defense.”

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Juvenile DUI Addressed in Ohio Supreme Court

July 6th, 2011
Self made photo, taken August 05.

The issue the Ohio Supreme Court addresses in State v. Adkins, 2011-Ohio-3141  is whether a pre-January 1, 1996 juvenile adjudication can be considered one of the five prior similar offenses necessary to enhance an R.C. 4511.19(A)(1)(a) charge for operating a motor vehicle while under the influence of alcohol (“OVI”). Under R.C. 4511.19(G)(1)(d), an OVI is a fourth-degree felony if the defendant has been convicted of or pleaded guilty to five OVIs in 20 years.  Effective January 1, 1996, the Ohio legislature passed a new law making a prior juvenile adjudication constitutes a prior conviction for purposes of R.C. 4511.19(G)(1)(d).

PROCEDURAL HISTORY

On September 14, 2007, defendant-appellant, Gary Adkins, was indicted for an OVI violation under R.C. 4511.19(A)(1)(a). Pursuant to R.C. 4511.19(G)(1)(d), he was charged with a fourth-degree felony based upon the allegation that he had been previously convicted of or pleaded guilty to five or more OVI offenses within the previous 20 years. Specifically, the indictment alleged that Adkins had been convicted of six prior OVI offenses, including a November 20, 1987 adjudication in Delaware County Juvenile Court, where Adkins had been adjudicated “a juvenile traffic offender as a result of Alcohol Concentration, Fleeing an Officer and Failure to Maintain Assured Distance.” Whether that adjudication could properly be considered a prior offense is the issue in this case.

LAW & ANALYSIS

The Ohio Supreme Court ruled that “R.C. 2901.08 did not change Adkins’s juvenile adjudication; it merely added another type of legal violation as an aggravating offense under R.C. 4911.19(G)(1)(d). Prior to the passage of R.C. 2901.08, at least one appellate court had held that juvenile adjudications could not be considered previous OVI convictions for purposes of enhancement. State v. Blogna (1990), 60 Ohio App.3d 141, 573 N.E.2d 1223, syllabus. In that case, the court held that the defendant’s delinquency adjudication could not be used as an enhancement under 4511.19 due to the difference between an adult conviction and a juvenile adjudication. Id. at 143. R.C. 2901.08 statutorily overturned that holding and clarified the law. It did nothing to Adkins’s record – it simply made clear that for enhancement purposes, courts could consider a juvenile adjudication as a conviction. ” The Court also refused to find application of the law an a retroactively applied law, holding, “[b]ecause R.C. 2901.08 is applied prospectively and is not unconstitutionally retroactive, we affirm the judgment of the court of appeals.”

Dayton DUI attorney Charles M. Rowland II regularly handles cases involving juvenile OVI offenders.  He has advocated for the sealing of records provisions of juvenile law be applied to prevent enhancements of further offenses and works tirelessly with families to address both the child’s case and the long-term ramifications of a juvenile OVI conviction.  If you know a child that could benefit from Mr. Rowland’s services, please visit www.DaytonDUI.com or call (937) 318-1384 or 1-888-ROWLAND to discuss the case.

DUI & Divorce

April 12th, 2011
A picture on the wall of Freshness Burger

If you are involved in a custody dispute, or have a vindictive spouse who would like to start one, a DUI/OVI conviction can be used against you in domestic relations court.  Automatic license suspensions may make it difficult to exercise visitation with your children.  You may also find a court who will refuse to let you transport the children due to a DUI/OVI conviction, thereby increasing the cost or difficulty in seeing your kids.   If you are seeking an adoption, a DUI conviction may be used against you by an investigating agency charged with deciding if you are approved. Visit www.OhioDivorceAttorney.com for issues involving child custody.

Mothers Against Drunk Driving (MADD) has long advocated putting a provision in every divorce decree calling for immediate suspension of parental rights if the parent if found to be driving while intoxicated.  Make sure that you review your divorce decree to see if any such language is included and decide whether or not you will engage in negotiations to remove this language.

Given all the above, many times the most difficult aspect of a DUI/OVI is telling those people you love you have been charged.  The National Highway Transportation Administration, MADD, The Century Council, schools and colleges all spend millions of dollars on educational programs and television commercials stigmatizing the act of drunk driving.  DUI clients are perceived as guilty without a presumption of innocence afforded to most defendants.  Furthermore, it causes stress and financial concerns in families that can cause minor fissures to become major cracks.  If you find yourself charged with a DUI/OVI please contact a competent criminal defense attorney who can protect you from this many-tentacled beast.  Charles M. Rowland II has dedicated his practice to representing the accused drunk driver.  Contact him immediately at 937-879-9542 or 1-888-ROWLAND.

Out of State DUI?

March 16th, 2011

By Criminal Defense Attorney Mark J. Babb

Many clients have asked us about the consequences of getting an out-of-state DUI.  The exact answer is different for every situation, but it generally relates to something called the interstate compact.  The interstate compact is a system put in place where states communicate driving infractions and other driver’s license information to each other.  Generally, states honor suspensions, forfeitures, and other traffic consequences from other states.  If you are convicted of an out of state DUI, the penalties in the state where the conviction took place are generally limited to that state.  However, if your state is a member of the interstate compact agreement, the convicting state forwards the information to your home state which may or may not choose to take punitive action.

For example if have an Ohio driver’s license and you are convicted of a DUI in West Virginia, the State of West Virginia will suspend your privilege to drive in the state of West Virginia.  Theoretically, at least, that information will be passed on to the state of Ohio who will then put a suspension on your license for receiving an out of state DUI driver’s license suspension.

The interstate compact is a notoriously flawed system and it often occurs that a state does not communicate information to the home state at all, or there is a tremendous delay in relaying the information to the home state.

The consequences of getting an out of state conviction for DUI vary from state to state.  If you have any specific questions about how the Interstate Compact Act may apply in your case, you may want to contact a DUI/DMV specialist in your state.