Our client was charged with an OVI after the police observed him get into a vehicle, start it and turn on the lights. Although our client was charged with an OVI after a traffic stop and providing a breath test that was over the limit, we reached an agreed to dismiss the OVI charges with our client pleading to traffic citations instead. Any other plea will give up your right to challenge the DUI charge. What many people are shocked to discover, however, is that any offense related to driving under the influence cannot be expunged. After raising issues about the State's failure to preserve all video and evidentiary issues - including about who was operating the vehicle - an agreement was reached dismissing the charges. 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. Mr. Smith helped me understand the procedure which helped me better prepare myself for my hearing. Get help for second DUI (OVI) offense charges and learn how to fight your 2nd DUI in Columbus. This saved our client from high points to her license and harsh OVI mandatory minimums. 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. OVI Charges with Urine Test Results Dismissed: After our client was involved in an auto accident, he found himself arrested and charged with an OVI. Free Consultation / 24 Hours a Day - (513) 338-1890, Home > Legal Blog > How To Remove a DUI / OVI from Your Record in Ohio. As a result, the OVI charges were dismissed, with our client pleading to a non-moving citation instead. There are several possible ways in which you can go about defending yourself against the OVI charges against you. While an OVI conviction may not be possible to expunge, that doesnt mean that a DUI arrest in Ohio automatically condemns you to a criminal record. Our client was charged with an OVI after being involved in an auto accident on slushy roads and testing over the legal limit. Through extensive investigation, we raised evidentiary issues regarding the case and obtained an agreement to dismiss the OVI charges with our client pleading to a traffic citation instead. This charge carried with it a mandatory license suspension, a fine of up to $1,000 and up to six months of jail. Thank you! Five or more OVIs in twenty years will also result in a felony charge. Then, you will be required to meet the terms of the program. Our client was pulled over due to an alleged marked lanes violation and ultimately cited with and OVI as well. How To Remove a DUI / OVI from Your Record in Ohio. I would recommend him to my family/friends if ever needed. He is very thorough and made me feel very confident with him handling my case. As a result, all of the charges were dismissed in exchange for a plea to a non-moving traffic citation. Our firm proudly offers no-cost, risk-free consultations to individuals facing OVI charges across Cincinnati and surrounding cities. After raising several evidentiary issues, we were able to persuade the prosecutor and judge to agree to a dismissal of the charges with our client pleading to merely a minor misdemeanor with a maximum fine of $150.00, no license suspension, no jail, no probation, and no driver's intervention program. The defense attorney may even consider making a motion in court to suppress certain pieces of evidence. Requesting discovery, which is the process of exchanging information regarding the evidence and witnesses each legal team will offer at the trial, per the American Bar Association, may increase the defense's chances of success, as the legal counsel can then identify specific areas to challenge. Through extensive preparation and negotiations, we reached an agreement with the prosecutor to dismiss the OVI charges with a plea to a non-moving citation instead, which saved our client for a year-long license suspension, points to his license and the implications of an OVI conviction on future job opportunities. The evidence in an OVI case can be some of the most complex and specialized evidence as compared to any other criminal case, and you need a lawyer that has experience understanding that complex evidence. We obtained a dismissal of the OVI charges by showing that driving slow is not an offense unless other traffic is impeded. Since OVIs are not eligible for expungement in the state of Ohio, you must start working on your defense strategy as soon as possible. OVI Charges Against Non-English Speaking Person Dismissed: Our client was charged with an OVI after a traffic stop. In 2011, Mr. Gounaris was awarded a 10.0 Superb rating by Avvo, which is an attorney rating website recognized around the nation. We were able to raise several issues in his case, including the fact that instructions for the field sobriety tests were given in English even though our client's understanding of English was limited. OVI Charges Dismissed - Saving Military Career: By raising issues with respect to a traffic stop, we were able to reach an agreement that avoided an OVI charge or any alcohol related charge, which would have caused our client a great deal of concern with his military career and security clearances. Casual users of marijuana, even if they have a medical card, often find themselves subjected to OVI charges when urine test results come back showing use - even though not use on the day of citation. Pretrial diversion is available for individuals who are first-time offenders or non-violent offenders. As a result, we obtained dismissal of all OVI charges. It defines OVI and sets out the per se limits of alcohol, drugs, and drug metabolites than can be present in a person's breath, blood, or urine before they are considered "impaired". I would highly recommend Brian to all my friends and family because I am confident he will not let them down, he is very trustworthy and personable. Operating a Vehicle Impaired (OVI) is a serious charge. If you choose to submit information via chat, email, contact form, text message, or phone call, you agree that an attorney from Gounaris Abboud may contact you for a consultation as a potential client. Have you ever had a drink and felt that it affected you more than usual? After finding himself arrested and subjected to a breath test that read over the legal limit, our client hired us to defend him. Failed to complete the charging documents properly. He, like many, had Great Lakes Christmas Ale, which is a stronger beer. Despite having an over-the-limit test, we succeeded it getting OVI charges against our client dismissed on the first court date. If you were charged with an OVI, you may be able to have it dismissed with the proper representation. This lead to an immediate return of her license, vacating the $475 reinstatement fee, avoiding high points to her license, and without any requirement for her to attend jail or a drivers intervention program. Our client entered the wrong road to a state park and was ultimately charged with an over-the-limit OVI after urine test results were returned. Highly recommend using! It is now a crime in Ohio to operate almost any vehicle while impaired. For skilled legal representation, you must contact an experienced OVI defense attorney to assist you with this charge. The defendant may also request a pretrial, in which they meet with a prosecutor to argue that the case should be reduced or dismissed entirely. If you simply plead guilty, you could be subject to big fines, time behind bars, and other consequences. Get help from a powerful Cincinnati DUI lawyer at Luftman, Heck & Associates today. The Ohio Judicial Conference published a Motion to Suppress Checklist, which shows some of the issues a judge will be evaluating during a suppression hearing. As a result, an agreement was reached to dismiss the OVI charges. Luckily, here at the Huey Defense Firm, we have prepared detailed charts laying out all of the penalties you face on an OVI charge. Our investigation revealed that symptoms of anxiety during the stop were misinterpreted as signs of impairment. An OVI also can apply to drivers using a prescription, over-the-counter, or illegal drugs. Court-imposed driving limitations may also impact your ability to get to and from work as well. Invalidated for failure to have a qualified individual administer the test. Invalid because the test equipment was not operated properly (e.g., without proper calibration) and without following required protocols. License suspension of up to 7 years (45-day minimum) Although many factors weighed against her, we fought for her and obtained a reduction to a reckless op charge. A DUI is known as an OVI in Ohio, and you can be charged with an OVI even if you weren't physically driving the vehicle. The days of expecting a first time DUI to be automatically pled down are over. Mr. Willison has been working as a Columbus Ohio OVI DUI attorney since the late 1990's. He is very familiar with the OVI DUI process and with the local bench. Instead there was a plea to a non-moving violation. Prepare for trial if needed. Yes, you absolutely can contest your OVI charge in Ohio. Invalid because the test equipment malfunctioned. When our client was charged with an OVI, we worked diligently with the prosecutor and court to obtain a dismissal of the OVI charges as well as getting his administrative license suspension vacated to save his job and CDL. Your freedom and future are on the line, so you need an experienced OVI defense attorney. After extensive negotiations at the Mayor's court and then the Municipal Court, an agreement was reached to dismiss the OVI with a plea to a non-moving violation instead. Invalid due to unscientific test equipment being used. Recent changes in Ohio law expand opportunities to expunge or seal criminal records. In Ohio, if you have "physical control" of the vehicle (meaning that the keys are within your reach), you can still be arrested and charged. Request discovery. Under existing Ohio law, the court must, (in addition to imposing jail time or ordering participation in a driver intervention program) suspend the license of anyone convicted of an OVI violation. September 7, 2021. In addition to the denial of benefits, I also lost two rounds of appeals. As a result, all charges against our client were completely dismissed. An OVI also can apply to drivers using a prescription, over-the-counter, or illegal drugs. Second offense: minimum 10 days in jail, up to $1,625 fine, other penalties remain the same as a first time offense. 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. There are 3 ways an officer can charge a driver with marijuana DUI . If you are taken into custody, these rights are supposed to be read to you in a Miranda warning, informing you of your right to remain silent and right to an attorney. Find out what legal options may be available to you when you reach out to a Cincinnati OVI attorney at Luftman, Heck & Associates for help. Whether you are facing a misdemeanor or a felony OVI charge, call (937) 222-1515 or contact the Ohio criminal defense attorneys at Gounaris Abboud, LPA today. 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. Although our client was stopped for speeding and ultimately provided an over-the-limit breath test, we worked his case to the fullest extent possible to obtain an agreement to dismiss the charges with a plea to a non-moving citation instead. After experiencing a flat tire, our client found the police arrive to put him through field sobriety tests and have him submit to a breath test that resulted in a high reading. When he stopped an argument ensued and he left the scene for his safety. Though the incident was captured on video and defenses were tenuous at best, extensive negotiations were held that led to a dismissal of the assault charges with our client entering a plea to a much lower disorderly conduct charge. This might include completing a drug or alcohol treatment program, driver retraining, community service, probation, and other stipulations. Code Sections. The penalty for OVI in Ohio depends on the number of OVIs you've committed or if you have any other prior offenses. Depending on the circumstances, OVI in Ohio is classified as either a misdemeanor or a felony offense. Because it carries with it 4 points, a mandatory license suspension and the possibility of up to 6 months in jail, he chose to hire use to help protect himself. The traffic stop resulted an OVI charges that would have brought a mandatory one-year license suspension and the potential for jail time. document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); This field is for validation purposes and should be left unchanged. An OVI is a misdemeanor offense. We filed a suppression motion to keep out the breath test, raising arguments about the stop, field sobriety tests and breath test. Once a charge is expunged, the record is sealed to the public and shouldnt appear on a criminal background check. After working with our client, obtaining discovery and negotiating with the prosecutor, an agreement was reached to reduce the OVI to a traffic citation saving our client from high points, jail time, high fines and the impact of an OVI to his driving record and insurance. After our investigation, we were able to obtain a dismissal of the OVI charge with our client pleading to a traffic citation with a fine of $50.00. The legal limit for an individual's blood alcohol content in Ohio is .08. Any information you provide will be kept confidential. The Fourth Amendment to the US Constitution protects you from unreasonable searches and seizures. You could be asleep in the driver's seat without the heater or air . We addressed the issue that he was charged under the wrong statute through extensive negotiations and legal briefs. When a driver is convicted of their first OVI in Ohio, they face a 3-day minimum jail sentence, up to a possible maximum of 6 months. THC in the amount of 2 ng/ml milliliter in blood; 10 ng/ml in urine. Here is a brief overview of Ohio's OVI law. The legal standard for determining whether a law enforcement officer had probable cause to arrest an individual for OVI is whether, "at the moment of the arrest, the police had sufficient information, derived from a reasonably trustworthy source of facts and circumstances, sufficient to cause a prudent person to believe that the suspect was However, with a DUI conviction on your record, you could be dealing with considerable collateral consequences related to your case. . After being charged with an OVI, our client sought our services for an aggressive defense. Our client was charged with an OVI after failing field sobriety tests and refusing a breath test. Right off the bat, a not-guilty plea gives the defendant the right to challenge the OVI charge in a court of law, taking the charge to trial. Not only can your attorney help you understand the severity of the charges you are facing, but we may be able to work with the prosecutor to help you enter a pretrial diversion program or obtain a plea agreement. OVI Charges Brought After an Accident Dismissed: Our client was accused of being involved in a single car accident. By pleading to a simple traffic offence, our client was saved from any jail time, from having to complete a drivers intervention program, from high points to his license, a damaging criminal record, and high fines. However, after successfully presenting both legal challenges and mitigating circumstances, and agreement was reached to reduce the OVI to a non-moving violation, saving our client from high points to his license, jail and a license suspension. For a first conviction, you will receive a fine of between $375 and $1,075. This resulting in an immediate return of his license. After being charged with an OVI, he needed to not only achieve a reduction of the OVI but his administrative license suspension (ALS) needed to be vacated. A 2nd DUI in Ohio is a serious offense and can involve jail time. Instead, she simply paid a small fine. "Josh, "Brian is a very good attorney and I am very happy with the way that he handled my unemployment case. A third DUI offense in Ohio is a very serious charge and can seriously impact your life. We have helped hundreds of clients get their OVI charges reduced or dismissed. Although our client was facing mandatory license suspensions for both OVI charges and Hit/Skip charges, we obtained a dismissal of both charges with our client accepting a non-moving citation instead with neither any points to her license or any license suspension. The case even went to the Supreme Court. My attorney help me immensely. Our client pled to disorderly conduct instead, saving herself from any jail, high fines and the impact to her record. Resisting Arrest, Drug Paraphernalia and Littering Charges Dismissed: Our client received a string of charges, including a first-degree misdemeanor resisting arrest charge, after a visit to the islands. Visible Impairment. Telephone Communications Charge Dismissed: Our client was charged with telephone communications harassments. OVI, Possession and Paraphernalia Charges Dismissed: Our client was charged with an OVI, drug possession and drug paraphernalia charges after an accident. Brian, "There are only good things to be said about this Law Firm, Attorney Brian Smith and Attorney John Sivinski. How serious is a DUI? Our client was charge with a regular OVI and an over-the-limit OVI after she was pulled over for a headlight issue and given a breath test. Over 21: 0.08 percent or higher, Under 21: 0.02 percent Commercial drivers : 0.04 percent or higher. 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. Make sure you have an aggressive criminal defense attorney by your side who can help you keep your criminal record clear. We raised arguments with respect to whether this was sufficient cause to expand and prolong the determination while we also challenge breath test results based on the maintenance and calibration of the breath test machine. Our client was charged with a violation of Revised Code 4549.02, a hit and skip statute, after an accident involving a fire hydrant and bushes. Third offense: 30 days to 1 year in jail, up to 5 years probation, up to $2,750 fine. We also had the OVI reduced in exchange or a citation for a non-moving violation. How to Get Your Ohio Driver's License Back After an OVI/DUI The ability to get your driver's license back after an Ohio OVI will vary based on what happened in the underlying case.