H.B. 469 (Annie’s Law) presented at the Ohio Statehouse on Thursday will require an ignition interlock device be installed on the vehicle of all convicted drunk drivers, including first-time offenders. Ohio law currently prescribes “blow to go” devices for repeat drunk driving offenders, but not on a first offense. We have longed warned (previous story HERE) that this was at the top of MADD’s agenda and a continuation of their desire to impose penalties on a driver before [Read the full post. . .]
Q. How can I obtain ALS driving privileges in the Vandalia Municipal Court?
If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver’s license on the spot causing your drivers license to be suspended immediately. This pre-conviction suspension is [Read the full post. . .]
A first offense DUI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years. A first offense DUI 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 DUI law. Ohio has also created a [Read the full post. . .]
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. [Read the full post. . .]
There are a number of legal terms that apply to the government’s ability to take your stuff. Here is a guide to help you understand the different terms which may apply to your case.
1. Seizure. Your car may be subject to seizure at roadside at the time of your arrest under certain circumstances. The officer’s decision on whether or not to impound in an OVI arrest are governed by R.C. 4511.195. However, seizure of your vehicle is [Read the full post. . .]