Ohio's OVI (Operating a Vehicle under the Influence) law is one of the toughest in the nation. Beside the possible incarceration and financial burdens incurred, the automatic license suspension provisions can have a devastating affect on your right to drive for an extensive period of time. New enactments added such penalties as mandatory treatment and interlocks, restricted plates, and immobilization or even forfeiture of your car. And your conviction stays on your driving record for life. Your OVI conviction will remain on you record forever.
In addition to these provisions, recent amendments to the law exact greatly enhanced and mandated jail sentences for multiple offenders and the possibility of incurring a felony record. Additionally, if you own a commercial driver's license, an OVI conviction could mean a possible loss of your CDL for a minimum of one year and in the case of multiple offenses, for life.
It is vitally important that any one accused of an OVI seek immediate advise from a professional having the training and education to handle these matters. The law is extremely complicated and requires the utmost knowledge and experience to defend. Your life and livelihood depends on a thorough and meticulous defense.
The purpose of this website is to give you some understanding of the Ohio's OVI law.
The first question from all of my professional clients charged with an OVI is “Can I lose my license if found guilty of OVI?” In past blogs, I’ve discussed the effect of an OVI conviction if you have a Commercial Driver’s License (CDL) and the effect of an OVI [...] Continue Reading…
From time to time I receive a call from an individual seeking to withdraw their previously entered plea of guilty or no contest. Unfortunately, Ohio law is extremely restrictive when it comes to the right of an individual to withdraw their plea after sentencing. A recent Ninth Appellate District [...] Continue Reading…
A recent Ohio Supreme Court case demonstrates the futility felt by many Defendants and their attorneys even when the higher court sustains the Defendant’s motion to suppress evidence that is fundamental to the prosecution of one accused of OVI in Ohio.
The case, O’Neill v. Mayberry, 2010 Ohio 1707, involved [...] Continue Reading…
The Gant decision may be a bit afield of the issue of DUI, but it is important that anyone being arrested for a traffic offense be aware of their rights against illegal searches. To summarize Gant, the US Supreme Court limited an arresting officer’s right to search the [...] Continue Reading…
A recent US Supreme Court case dealt a serious blow to your right against self-incrimination. Historically, “Miranda” rights included the rule that once the police were aware the accused was represented by counsel, they could not interrogate the accused without having the accused’s attorney present. This rule [...] Continue Reading…
