Tag: fairborn ovi

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 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 Municipal Court

Fairborn Municipal Court Jury Trial Status

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The Fairborn Municipal Court website allows you to check the status of their jury trials on-line [HERE]. This means that instead of showing up at the court unnecessarily, you can check on-line.  The site also gives you a telephone number (937) 754-3040, which provides updated information on whether or not a jury trial will go forward on a certain date.

Fairborn Municipal Court services Beavercreek, Fairborn and Bath Township and has concurrent jurisdiction with areas adjacent to Wright-Patterson Air Force Base. If you are arrested for an OVI offense and need an attorney who regularly appears in the Fairborn/Beavercreek Municipal Court, please contact Charles M. Rowland II at (937) 318-1384.

Here is an inside tip. Choose option 2 when you call and it will take you directly to the Jury Commissioner.

Beavercreek OVI Attorney

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Beaver-Creek-DUIIf you have been arrested for OVI in Fairborn, Bath Township, Beavercreek or Beavercreek Township, your misdemeanor OVI case will be heard in the Beavercreek/Fairborn Municipal Court, 1148 Kauffman Ave. in Fairborn, Ohio.  If you need to find information about a case in the Fairborn Municipal Court you can search HERE for case information or visit the court’s web site HERE.

Charles M. Rowland II, a life-long resident of Beavercreek, has represented the accused drunk driver in the Fairborn/Beavercreek Municipal Court since 1995.  Charles Rowland dedicates his practice to OVI law and has some of the most impressive credentials for OVI attorneys in the state of Ohio.  If you find yourself in need of criminal representation in the Fairborn Municipal Court, contact Fairborn DUI Attorney Charles M. Rowland II today!  You can reach Charles Rowland at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263), or 24/7 on the after-hours DUI Hotline at 937-776-2671, by texting DaytonDUI (one word) to 50500 or by visiting www.FairbornDUI.com, or www.BeavercreekDUI.com.