Through extensive negotiations, we were able to obtain a dismissal of OVI charges against our client. Any other plea will give up your right to challenge the DUI charge. We wouldnt have WON without their experience and dedication. Our client was charged with an OVI after a traffic stop and providing a breath test result that the police alleged to be .232, well over the legal limit. After being charged with an OVI, our client sought our services for an aggressive defense. Through investigating the allegations and extensive negotiations with the prosecutor, we obtained a dismissal of the assault charges. Invalid because the test equipment malfunctioned. Call Attorney. THC in the amount of 2 ng/ml milliliter in blood; 10 ng/ml in urine. Negotiations with the prosecutor and discussions with the judge resulted in a dismissal of the drug possession and paraphernalia charges and an agreement to reduce the OVI to a simple motor vehicle equipment violation, saving our client from high fines, high points to his license, disqualification from student aid, a license suspension and other implications. Upon conviction of a criminal OVI charge, you face potential penalties that include: Jail or prison time, Substantial fines, It is fairly typical for judges to calibrate the sentence based on aggravating factors, such as an unusually high BAC or causing an accident. With thorough preparation and research, we obtained a dismissal of OVI charges against our client with him pleading to a non-moving citation instead. When the police charge you with OVI, you will face charges that range from a Class 4 misdemeanor to a 3rd-degree felony, depending on the circumstances of your arrest and your prior criminal history. Stopped you without a reasonable and articulate basis to believe that a law has been violated. After receiving discovery, reviewing video of the traffic stop and completing suppression motions, an agreement was reached to dismiss all of these charges in exchange for a plea to a fourth-degree misdemeanor reckless op charge. Your attorney may be able to work with the prosecutor to secure a spot in one of these programs. As a result, the OVI charges were dismissed, with our client pleading to a non-moving citation instead. 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. 7031 Koll Center Pkwy, Pleasanton, CA 94566 If you are stopped for operating a vehicle under the influence (OVI) and the officer asks you to take a blood, breath, or urine test, generally you can't refuse. We also had the OVI reduced in exchange or a citation for a non-moving violation. Pretrial Diversion Programs For example, in many cases, you may be eligible for a pretrial diversion program. 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. Make sure you have an aggressive criminal defense attorney by your side who can help you keep your criminal record clear. Per Se OVIs Based on Controlled Substance Use in Ohio A person can also be convicted of a controlled substance per se offense for driving with a concentration of at least: OVI. 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. This might include completing a drug or alcohol treatment program, driver retraining, community service, probation, and other stipulations. We have helped hundreds of clients get their OVI charges reduced or dismissed. 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. 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. During negotiations with the prosecutor, we argued that the State's evidence was almost entirely dependent upon the unreliable testimony of a lay witness. If you have been convicted or are facing DUI charges, you may be hoping to put the entire experience behind you and move forward with your life. Failed to read the implied consent warning before completing the breath test (or blood test). Begin Your Defense Today: (513) 399-6289 Ohio's Administrative License Suspension ALS If you are arrested for an OVI in Ohio, your license may have been suspended administratively. As such, similar to the Miranda rights, officers are required to read the implied consent warning before administering a breathalyzer or blood test. It's also possible that the sobriety test was affected by outside factors, such as the driver's medical conditions, poor conditions in the testing location, or that the driver's impairment can be attributed to a different cause, such as the use of legal prescription medication, a medical issue or even involuntary intoxication. Aside from court-mandated penalties, your insurance premiums will likely increase and drunk driving charges can do significant harm to your reputation. Through negotiations with the prosecutor; however, we were able to show that our client was not guilty of the charge. After pursuing a suppression motion laying out the legal deficiencies of the traffic stop and lack of evidence for the charges, an agreement was reached to dismiss both the speeding ticket and the OVI with our client pleading to a minor misdemeanor traffic citation with a minimal fine and no license suspension. I would highly recommend him for anyone who finds themselves in legal troubles. The other one is OVI, which is just straight out operating a vehicle while intoxicated. Contents hide The offense carries the following criminal penalties: A maximum of six months in jail, with a mandatory minimum sentence of 72 hours. Get answers now with a FREE Ohio DUI attorney consultation. Three OVIs in Ten years will result in a felony OVI charge. 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. You may also be liable to pay a fine of between $300 and $1500. By thorough investigation and extensive negotiations, a complete dismissal of the charges was obtained. You have a Fifth Amendment right against self-incrimination and a Sixth Amendment right to an attorney. Took the time to help me think this case through. 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. We addressed the issue that he was charged under the wrong statute through extensive negotiations and legal briefs. No Reason for Traffic Stop A police officer must have a reasonable cause for pulling an individual over. As a result, an agreement was reached to dismiss the OVI charges. *All fields are required. Despite our client providing an over-the-limit breath test, we investigated her charges and allegations to uncover several issues with the traffic stop. "Sandra, "Excellent service, not only did I win my case but the level of customer service was phenomenal!! We used this evidence to push forward in obtaining a dismissal of the OVI charges. Copyright 2015 - 2023 Brian J. Smith, All rights reserved. First offense: up to 6 months in jail, up to 5 years probation, fine of up to $1,075. A lawyer will help protect your rights. After a thorough investigation and filing multiple motions, we achieved a dismissal of the OVI charges with our client pleading to a non-moving citation. As soon as you total 5 convictions or more for OVI (or equivalent) within 20 years, you'll be listed on the Habitual OVI Registry. If a driver has five or more convictions over the past two decades, they face a maximum five-year prison sentence. After extensive negotiations and a suppression motion raising issues regarding the reason for the traffic stop, cause for expanding the stop, probable cause for arrest, and issues with the field sobriety tests, we were able to obtain a dismissal of the OVI. You do not want to rely on an overworked public defender to advocate for your freedom. I would recommend him to my family/friends if ever needed. Your attorney will attempt to reduce your penalties as much as possible under the law. Many factors impact alcohol tolerance and blood alcohol content, such as weight, metabolism, and food consumed while drinking. 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. You can be charged with a misdemeanor OVI during your court hearing if you were convicted of or pled guilty to two . The Law Offices of Brian J. Smith, Ltd.: How to Beat an Ohio DUI Charge? Despite having an over-the-limit test, we succeeded it getting OVI charges against our client dismissed on the first court date. As a veteran criminal defense attorney in the area, he can help you with every aspect of your defense, including assessing your options to protect your future. The tests are subjective and must be reviewed by a skilled criminal defense attorney in order to protect your rights. 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. An agreement was reached to dismiss the OVI, with our client pleading to just a traffic citation. For instance, the Fifth Amendment of the Bill of Rights protects Americans from making incriminating statements against themselves, meaning that manipulation or coercion from the officer at the time of the OVI arrest can be a serious legal weapon against the prosecution. Through meeting with the prosecutor, obtaining and evaluating the police reports and video, we raised issues with regard to the field sobriety tests and breath test. An OVI also can apply to drivers using a prescription, over-the-counter, or illegal drugs. We achieved exactly that, preserving his CDL and his job. He kept me informed of everything that was going to happen and got results for my case far better than I could have hoped for. These actions might make the officer think that you are trying to hide contraband. If breathalyzer equipment is not properly calibrated or administered, it may not provide valid results. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Luftman, Heck & Associates As a result, he was saved from points to his license and a year-long license suspension. Failed to complete the charging documents properly. Bradley Groene made an exceptionally difficult situation much easier to handle. 1. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. removed from your criminal record through expungement, How You Can Reclassify or Be Removed from the Ohio Sex Offender Registry, How (And When) to Change Defense Attorneys in a Criminal Case in Ohio, What to Expect at an Arraignment in Cincinnati, Ohio. Our client was charged with an OVI after a traffic stop, standardized field sobriety tests, and refusing a breath test. Please keep in mind that the success of any legal matter depends on the unique circumstances of each case and we cannot guarantee particular results for future clients based on successes we have achieved in past legal matters. Invalidated for failure to have a qualified individual administer the test. Before my third appeal, which involved a phone hearing, I was very fortunate to find this Law Firm. See penalty charts now. With the help of an experienced Cincinnati DUI lawyer, you can successfully defend yourself against the OVI charges, and avoid a permanent criminal record from holding you back. An OVI is often a misdemeanor, but it may become a felony in certain situations. The first step to beating a DUI charge is to obtain an attorney who regularly and successfully practices DUI defense. Through leveraging missing information in the police reports and explaining how the medical condition could have affected the officer's interpretation of events, we obtained a dismissal of the OVI charges. You are an excellent attorney." Your submission has been received! After finding himself arrested and subjected to a breath test that read over the legal limit, our client hired us to defend him. Multiple convictions will also result in harsher sentences. Some commonly known defenses that span well beyond the OVI sphere include when the arresting officer fails to read the offender their Miranda rights upon arrest; a lack of probable cause (or illegal search and seizure, per the Fourth Amendment of the U.S. Constitution); or the failure to complete the charging documents properly. On October 9th, 2022, officers from the Athens Police Department were standing on N. Court Street when they heard a loud crash. This saved our client from high points to her license and harsh OVI mandatory minimums. The breathalyzer test and blood alcohol tests that police administer may be inaccurate. After our client was charged with a second OVI in ten years, with enhanced penalties due to a refusal to submit to a breath test, we provided an aggressive defense by demanding all reports, videos and documentation and used that evidence to craft a suppression motion detailing significant issues with the State's case. 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. I was over whelmed and devastated at the loss of my job after 27 years of employment. An OVI also can apply to drivers using a prescription, over-the-counter, or illegal drugs. When he stopped an argument ensued and he left the scene for his safety. If the officer inappropriately questioned you, your answers to the officers questions may be excluded. This avoided an OVI on his record and year-long license suspension. There are over 1 million laws in the United States. A search of his vehicle was done that showed no drugs. In situations like this, a common tactic is for the defendant to plead guilty to a lesser offense than an OVI, such as reckless operation of a motor vehicle. However, after reviewing discovery material and attending pre-trials, we were able to persuade the prosecutor and judge to agree to dismiss the OVI charges with our client pleading instead to a non-moving traffic citation, saving her from points, jail, a license suspension and high fines. According to NOLO, the Ohio Bureau of Motor Vehicles (BMV) suspends the driver's license for one to three years if their BAC is 0.08 percent or higher for a first offense OVI.After a "hard suspension" of 15 days, the driver can apply for a restricted license and receive limited driving privileges with conditions such as restricted driving hours, displaying OVI plates or having an IID installed. We obtained a dismissal of the OVI charges by showing that driving slow is not an offense unless other traffic is impeded. The OVI was ultimately dismissed and our client received only a non-moving citation instead. Such a driving under an OVI suspension carries with it mandatory jail time, an additional license suspension and high fines. Thats why its so important to aggressively fight all OVI charges in Ohio. The Fourth Amendment to the US Constitution protects you from unreasonable searches and seizures. It may also grant the violator limited driving privileges after a 15-day probationary period. If the results of the test show that the driver's blood alcohol concentration is .08 or greater, the officer will charge the suspect with a "per se" DUI/OVI. The judge has authority under the Ohio OVI statute to order even a first time OVI offender to serve six months in jail. "Sonia, Central Office:20545 Center Ridge Road, Ste. Commercial Drivers License Saved after OVI Charge: Our client carried a Commercial Driver's License (CDL) for work. Then, you will be required to meet the terms of the program. As a result, an agreement was reached to dismiss the OVI 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. 215Rocky River, OH44116, Local Offices:Huron, OhioPort Clinton, OhioWickliffe, Ohio. For example, in many cases, you may be eligible for a pretrial diversion program. This protected our client from a license suspension, jail time and the driver's intervention program. Any other plea will give up your right to challenge the DUI charge. Brian, "There are only good things to be said about this Law Firm, Attorney Brian Smith and Attorney John Sivinski. This charge carried with it a mandatory license suspension, a fine of up to $1,000 and up to six months of jail. 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. They were very thorough & easy to talk with. Thank you! OVI Conviction Thrown Out Where State Failed to Follow Breath Test Guidelines. Call (614) 500-3836 or use our online form to schedule a free consultation. Mr. Smith helped me understand the procedure which helped me better prepare myself for my hearing. Take advantage of this opportunity today. Attorney Profile. Came up with a winning strategy that ultimately won my appeal hearing against the retail giant Walmart!" . 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. 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. Cincinnati Criminal Defense Attorneys, 810 Sycamore Street, Floor 3 If you have chosen to hire an attorney and fight the charges filed against you, a "not guilty" plea will be entered. Understanding Ohio OVI laws, outlined in ORC 4511.19 is important when preparing your case - depending on your charges, you could face a felony OVI which comes with far more serious charges. Offenders who have trouble paying for the DIP and who receive public assistance, such as disability or Medicaid, may qualify for state assistance for the course fees. We arrived at the court the day of the suppression hearing ready to pull apart the State's case, though further negotiations resulted in an offer for a plea to a reduced traffic charge saving our client from all mandatory jail time, another OVI on his record, high fines, high points to his driving record, and potential loss of his job. Failed to read the Miranda rights upon arrest, and are trying to use your statements against you. OVI Charges Brought After an Accident Dismissed: Our client was accused of being involved in a single car accident. 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. 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. How to Get anOVIReduced toReckless OperationinOhio, Common Law DWI in New York: What to Expect, Penalties & Laws, First OffenseOVI/DUIinOhio: Laws, Penalties & More, Section 4511.191 of the Ohio Revised Code, DWI Detection and Standardized Field Sobriety Testing. They were meticulous and extremely experienced in helping to turn the situation around. Our client was charged with an assault after an altercation with a girlfriend in his home. Through extensive negotiations, we were able to achieve a dismissal of the OVI with our client pleading to a reduced charge of reckless op. In Ohio as elsewhere, implied consent laws mean that when motorists apply for a driver's license, they consent to take sobriety tests. Based on their experience defending OVI cases in Columbus, the attorneys at Luftman, Heck & Associates report some of the more common constitutional defenses. The fines increase if you have multiple drunk driving convictions. As such, the first court date you will attend is generally called an arraignment. Regardless of the punishment, you dont want a DUI hanging over your head as you apply for jobs and proceed throughout life. Fine of $375 to $1,075, plus related costs and fees. 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. Our client was cited with an OVI, with an over-the-limit test, after a caller reported him and he was involved in a minor traffic accident.