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Telephone Communications Charge Dismissed: Our client was charged with telephone communications harassments. 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. Anyone who operates a vehicle in Ohio implicitly consents to alcohol/drug testing if arrested for DUI (called 'OVI' in Ohio). As a result, our client avoided a second-in-ten OVI and any jail time. Our client was charged with an OVI after failing field sobriety tests and refusing a breath test. Pretrial Diversion Programs For example, in many cases, you may be eligible for a pretrial diversion program. As such, any DUI conviction will stay on your criminal record for the rest of your life. Leveraging this evidence, we obtained a complete dismissal of the OVI charges with our client merely pleading to the tinted windows citation with a fine of $10.00. Our client was pulled over after a caller made a tip and he found himself ultimately charged with an OVI after providing an over-the-limit test. Through aggressive representation, we achieved a dismissal of his OVI charges and resolved the case with no license suspension and no loss of his CDL. Expungement may not be possible for those convicted of a DUI. After extensive negotiations with the prosecutor and discussions with the judge, and agree was reached for the State to dismiss the OVI charges in exchange for a plea to a non-moving violation. The Law Offices of Brian J. Smith, Ltd.: How to Beat an Ohio DUI Charge? You are an excellent attorney." 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. They were very professional, considerate and understanding especially when things became overwhelming for us. 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. This saved our client from a year-long license suspension, high points on his license, and the impact of an OVI to his auto insurance and future employment opportunities. My job fired me unjustly and they help me get my unemployment back. However, by raising evidentiary issues regarding proof of his operating a vehicle and taking other proactive steps, an agreement was reached to dismiss the OVI charges with our client pleading to a non-moving citation instead. Third offense: 30 days to 1 year in jail, up to 5 years probation, up to $2,750 fine. Our investigation revealed that symptoms of anxiety during the stop were misinterpreted as signs of impairment. Your attorney will attempt to reduce your penalties as much as possible under the law. This saved our client from jail, points to her license, a lengthy license suspension, and the impact to her job. Maximum of five years of probation. Copyright 2015 - 2023 Brian J. Smith, All rights reserved. Affected by medical problems or medical conditions, Not conducted in accord with mandatory protocols, as required by the. After an argument erupted between our client and his girlfriend, he found himself charged with domestic violence. Thank you very much for your hard work in my case. If none of these defenses provide a way to get your charge dismissed, you can attempt to plea bargain. The potential challenges, however, get more specific to OVI issues. The breathalyzer test and blood alcohol tests that police administer may be inaccurate. . I was blindsided by separation at my former employment and then denied unemployment benefits as well. Second OVI in Ten with Urine Test Results Dismissed: After our client was stopped for not having his headlights on, he quickly found himself subjected to field sobriety tests, arrested and providing a urine same that showed positive for alcohol. Our client was charged with an over-the-limit OVI and traffic citations. DUI Diversion Programs in Ohio As a result, the OVI charges were dismissed. Dayton, OH OVI Penalties Chart - Dayton, OH OVI Lawyers In Ohio, this is known as operating a vehicle under the influence, or OVI. In Ohio, DUI (driving under the influence) is generally referred to as "OVI" (operating a vehicle under the influence). Failed to read the Miranda rights upon arrest, and are trying to use your statements against you. Through investigating the allegations and extensive negotiations with the prosecutor, we obtained a dismissal of the assault charges. Turn off your engine, but leave your lights on if it's dark. I would highly recommend him for anyone who finds themselves in legal troubles. I was very nervous throughout the process, and he made me feel relaxed and confident. A plea bargain can reduce your charge or reduce your penalties. The judge has authority under the Ohio OVI statute to order even a first time OVI offender to serve six months in jail. Our client was stopped for a marked lanes violation. One way is to have several previous misdemeanor OVI convictions. Our client was charged with an OVI. As a result, our client accepted an offer to reduce the OVI to a traffic citation to avoid a year-long license suspension, high points and high fines. They had to pay Ohio $475, because Ohio sent to Texas a block on their license. "Doris, "I would absolutely recommend Law Offices of Brian J. Smith, ltd. Brian and John worked with my (juvenile) son and I on a very challenging case. Ohio law recognizes both OVI and DUI charges though, If you've been charged with driving under the influence (DUI), it means that you've allegedly been found to have driven with a blood alcohol content of 0.08 percent or higher (or 0.2 percent if you're under 21). Ohio Field Sobriety Tests | Dayton Sobriety Testing - Ohio's Dui In Ohio, what many states call a DUI charge (for driving under the influence of alcohol or drugs) is usually called an OVI (operating a vehicle impaired), but despite the different name, the consequences - ranging from fines to jail time to license suspension - are just as serious. Ohio criminal defense attorneys use every legal strategy available to help you get your OVI charge dismissed. The Cincinnati DUI attorneys at Luftman, Heck & Associates know how to fight an Ohio DUI charge and get a fair result. Many factors impact alcohol tolerance and blood alcohol content, such as weight, metabolism, and food consumed while drinking. Our client was charged with an OVI, and refused a breath test, after the police got involved because his vehicle was stuck off the side of the road. You must be prepared to enter a plea of guilty or no contest before entering a pretrial diversion program. Although our client was charged with an OVI, we successfully raised issues regarding whether the State could prove that he was actually operating a motor vehicle. The steps to challenging a DUI generally include: Here are some of the issues that aggressive OVI defense lawyers use to challenge OVI charges. There are several possible ways in which you can go about defending yourself against the OVI charges against you. You do not want to rely on an overworked public defender to advocate for your freedom. This saved our client from high points to her license and harsh OVI mandatory minimums. Very friendly and helpful. Inadmissible for failure to request the test within 2 hours or take the test sample within 3 hours, of the alleged violation. Our client pled to disorderly conduct instead, saving herself from any jail, high fines and the impact to her record. Our client was charged with a third-in-ten OVI, which carries with it for a refusal case 60 days of jail, forfeiture of the vehicle, mandatory license suspension and high fines. We argued that the police had no evidence to show that she did not have a drink AFTER the accident when she got home. Through extensive negotiations, we prevailed in obtaining a dismissal of the OVI charge with our client accepting a plea to a lesser citation and without the harsh penalties and effects of an OVI conviction. 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 being stopped for allegedly driving without headlights on, our client found herself subjected to SFSTs and giving a breath test that the police claimed was over twice the legal limit. Upon conviction of a criminal OVI charge, you face potential penalties that include: Jail or prison time, Substantial fines, An OVI charge is not something you want to handle on your own. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); 275 N. Main Street,Suite D Springboro, OH 45066, 7103 Hamilton Mason Rd,West Chester, OH 45069, Gounaris Abboud provides legal advice and legal representation throughout the State of Ohio. After our client was charged with an OVI, we obtained a copy of the police reports and videos that showed very few signs of impairment. As a result, the prosecutor offered to dismiss the OVI charge and have our client agree to a minor misdemeanor charge with only at $100.00 fine. Thanks so much Brian for your professionalism and you eagerness to go the extra mile. The penalty for OVI in Ohio depends on the number of OVIs you've committed or if you have any other prior offenses. 1. With thorough preparation and research, we obtained a dismissal of OVI charges against our client with him pleading to a non-moving citation instead. Operating a Vehicle Impaired (OVI) is a serious charge. Definition of OVI in Ohio According to Ohio Revised Code Section 4511.19, it is illegal for anyone to operate or have physical control of a vehicle while impaired by drugs or alcohol. Attorney Profile. This saved her from points to her license, the impact to her auto insurance, from a year-long license suspension and from having to attend the driver's intervention program. If you are not convicted of the crime, the circumstances do not matter, as you are innocent until proven guiltyand you were not. The steps to challenging a DUI generally include: Plead Not-Guilty. By raising several evidentiary issues with the case, we obtained a dismissal of the charges for our client. However, with a DUI conviction on your record, you could be dealing with considerable collateral consequences related to your case. 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. Drunk driving charges are some of Ohios most common criminal offenses. Marijuana OVI Charges Completely Dismissed: After our client's car got stuck, he found the police were called, he was arrested, and he was subjected to a urine test. Our client was pleased to accept this offer to ensure they were protected from mandatory jail time, a mandatory license suspension, high fines and the potential of six months in jail.