In Ohio, you will face OVI (operating a vehicle under the influence) charges for driving drunk or driving while under the influence of drugs. We also had the OVI reduced in exchange or a citation for a non-moving violation. Our client was charged with an assault after an altercation with a girlfriend in his home. You can be convicted of OVI if you operate a vehicle: with a blood alcohol concentration (BAC) of .08% or more (or a urine alcohol concentration of .110 or more) Failed to read the Miranda rights upon arrest, and are trying to use your statements against you. Invalidated for failure to have a qualified individual administer the test. Our client was charged with an OVI after being involved in an auto accident on slushy roads and testing over the legal limit. Our client was charged with an OVI and an over-the-limit test, but through our representation, we obtained a dismissal of the charges. Low-level OVI offenders who have a BAC of less than 0.8 percent face: Mandatory three or more days in jail. After being stopped for allegedly driving too slow, our client found herself charged with an OVI. Bradley Groene made an exceptionally difficult situation much easier to handle. Our client was charged with a fourth-degree misdemeanor assault after an altercation at a store. February 8, 2022. He is adept at helping his OVI DUI clients reach their legal goals in a timely and efficient manner. If you've been charged with DUI/OVI and need help, call us at (513) 338-1890 or fill out our online contact form to schedule a free . 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 entering a plea to a non-moving citation instead. 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. If breathalyzer equipment is not properly calibrated or administered, it may not provide valid results. In Ohio, the penalties for OVI are intentionally steep. Anytime i had a question it was answered so that i could understand it. 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. However, she was arrested for an OVI and provided a breath test that was over-the-limit. Copyright 2015 - 2023 Brian J. Smith, All rights reserved. Nick Gounaris attended Miami University and received a Bachelor of Arts degree and then went on to attend University of Dayton School of Law where he received his Juris Doctorate. He handled my claim in a most timely manner an professional manner. An individual can be charged with OVI if marijuana is detected according to any one of the following per se limits: 1.) I am passionate about Ohio DUI/OVI defense and I get results, however, I only accept a limited . For more information on OVI criminal penalties check out the Swift & Sure Ohio's OVI Laws brochure by the Department of Public Safety. Obtained your blood test results from the hospital you went to for treatment, without a proper warrant. By raising several evidentiary issues with the case, we obtained a dismissal of the charges for our client. Our client was charged with an OVI after the police observed him get into a vehicle, start it and turn on the lights. You was my rock that helped me through this nightmare, I couldn't have done it without you. Please contact us at the number above if you do not have a case number. Invalid because alcohol or drugs used between the time of driving and the time of test (e.g., you arrive home or to a friends home and have a drink before the police arrive to detain you), Show the driving was not as bad as the police reported, Show the field sobriety tests were improperly given, Are not provided in accord with a court order, and therefore the case should be dismissed.. Our client was charged with an over-the-limit OVI and traffic citations. Ohio criminal defense attorneys use every legal strategy available to help you get your OVI charge dismissed. As such, any DUI conviction will stay on your criminal record for the rest of your life. Our client was charged with an OVI. Pretrial Diversion Programs For example, in many cases, you may be eligible for a pretrial diversion program. If you are not convicted of the crime, the circumstances do not matter, as you are innocent until proven guiltyand you were not. I was over whelmed and devastated at the loss of my job after 27 years of employment. To prevent that conviction, the defendant's team will need to challenge the drunk driving charge. Thank you! I was also extremely prepared and ready before we went to court. OVI Conviction Thrown Out Where State Failed to Follow Breath Test Guidelines. OVI, Possession and Paraphernalia Charges Dismissed: Our client was charged with an OVI, drug possession and drug paraphernalia charges after an accident. Three OVIs in Ten years will result in a felony OVI charge. An agreement was reached to dismiss the OVI, with our client pleading to just a traffic citation. 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. For a CDL driver, such as our client, this triggers a one-year disqualification of the CDL for a first, and lifetime disqualification for a second. A lawyer will help protect your rights. 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. 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. Although our client was charged with an OVI after providing a breath test that was about twice the legal limit, we were quickly able to obtain a dismissal of the OVI charges with our client simply pleading to a traffic citation instead. In addition to the denial of benefits, I also lost two rounds of appeals. How can I get out of a DUI in Canada? 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. Sonya, "Mr. Smith is an amazing lawyer who listens and takes his time to make sure he understands every detail of your particular case. We argued that the police had no evidence to show that she did not have a drink AFTER the accident when she got home. No Reason for Traffic Stop A police officer must have a reasonable cause for pulling an individual over. We represented our client for OVI charges and achieved a dismissal of the charges through intensive negotiations with the prosecutor. A physical control charge comes with similar penalties to OVI, including jail time and hefty fees. 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. It's always worth it to fight with the help of . Such a driving under an OVI suspension carries with it mandatory jail time, an additional license suspension and high fines. Request a pretrial. An OVI conviction can bring harsh penalties, including time in jail, fines, and a license suspension. Deviations from this guide can cause a problem for the prosecutor. As such, similar to the Miranda rights, officers are required to read the implied consent warning before administering a breathalyzer or blood test. 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. Could not have done this by myself. Read More: How to Get a DUI Removed From Your Driving Record. 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. This is a meeting with the prosecutor where you can argue that the charge should be dismissed or reduced. Your criminal defense attorney can negotiate with prosecutors to request a plea bargain. Fine of $375 to $1,075, plus related costs and fees. We'll help you understand your options and aggressively pursue the best possible outcome. Whether you can achieve a dismissal of your charge depends on the specifics of your case. All field sobriety tests in the state must be the standardized field tests described in the most recent version of the DWI Detection and Standardized Field Sobriety Testing manual (or SFST) from the National Highway Traffic Safety Administration, and they must be conducted in accordance with the protocols laid out therein. 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. Any information you provide will be kept confidential. "Sonia, Central Office:20545 Center Ridge Road, Ste. Bravo!!! 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. You must seek legal advice because an OVI conviction has consequences. 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. This type of OVI felony conviction usually carries a prison term of . As a result, she avoided points to her license, a year-long license suspension and did not have to serve any time in jail or at a driver's intervention program. 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. The legal limit for an individual's blood alcohol content in Ohio is .08. We showed the prosecutor and judge that this was only a suspicion, lacking of sufficient evidence to prove our client was impaired. By doing so, we achieved a dismissal of the OVI charges with our client pleading to a non-moving citation instead. Our client was charged with an OVI due to a suspicion of driving while under the influence of narcotics. 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. This saved him from a license suspension, high points on his license, reinstatement fees, and an OVI permanently on his record. "Professional, upfront, knowledgeable, made the whole appeals process way less stressful, made me feel comfortable at the hearing, and won my appeal! Also of note, if law enforcement obtains the defendant's blood test results from a hospital where the driver received treatment, but the officer or agents failed to obtain a proper warrant to get those results, this can present a serious challenge to the OVI charge in court. You can go to Canada if you have a DUI conviction by acquiring a Temporary Resident Permit entry waiver or becoming rehabilitated through an appropriate government office or border station. 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. For example, somebody from Texas got an OVI in Ohio. . When a person is driving while intoxicated or under the influence of alcohol or drugs in Ohio, they can be arrested for operating a vehicle impaired (OVI). By proceeding with great care, we were able to reach a dismissal of the OVI charge, saving our client from a year-long license suspension and high points to her license. Not only did they make me feel secure, I felt represented and heard. However, we showed that he did not cross any marked lanes and as a result there were significant issues with the traffic stop. We then entered into extensive negotiations with the prosecutor involving the arresting officer and judge to reach an agreement pleading down the OVI and avoiding any license suspension. OVI Charges Against Non-English Speaking Person Dismissed: Our client was charged with an OVI after a traffic stop. "Josh, "Brian is a very good attorney and I am very happy with the way that he handled my unemployment case. After attending a pre-trial, filing a suppression motion, and attending a hearing; the prosecutor and judge agreed to an offer to dismiss the OVI charges in exchange to a plea to a traffic charge. After an argument erupted between our client and his girlfriend, he found himself charged with domestic violence. OVI Charges Brought After an Accident Dismissed: Our client was accused of being involved in a single car accident. This means that not only can you be charged with a DUI or OVI while your vehicle is parked, it doesn't even have to be running. 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. Our client was pulled over due to an alleged marked lanes violation and ultimately cited with and OVI as well. The Law Offices of Brian J. Smith in Rocky River, Ohio, make note of some common tactics used by criminal defense attorneys for preparing to mount that challenge. Despite our client providing an over-the-limit breath test, we investigated her charges and allegations to uncover several issues with the traffic stop. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. An OVI also can apply to drivers using a prescription, over-the-counter, or illegal drugs. Every OVI conviction comes with fines as a part of the penalties you face. An OVI is a misdemeanor offense. 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. Our client found himself subjected to field sobriety tests after the police arrived at his vehicle due to a report of a suspicious vehicle. This saved her from points to her license and from a year-long license suspension, not to mention the problems an OVI would cause for her employment. 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. Any other plea will give up your right to challenge the DUI charge. Anyone who operates a vehicle in Ohio implicitly consents to alcohol/drug testing if arrested for DUI (called 'OVI' in Ohio). We used this evidence to push forward in obtaining a dismissal of the OVI charges. OVI, Hit-and-Skip, Seatbelt, and Resisting Arrest Charges Dismissed: Our client received several first-degree misdemeanor charges (OVI, Hit-and-Skip, Resisting Arrest). Get help for second DUI (OVI) offense charges and learn how to fight your 2nd DUI in Columbus. In either situation, the conviction will usually be a felony of the fourth degree. As a result, the OVI charges were dismissed. The days of expecting a first time DUI to be automatically pled down are over. You are very professional and easy to talk to, I appreciate all you did for me. 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. As a result, the charge was dismissed. Posted By The Meranda Law Firm LTD. Operating a vehicle while under the influence of drugs or alcohol (OVI) charges are taken very seriously in Ohio and, depending on the severity of the case, can be punishable with high fines and possible jail time. During negotiations with the prosecutor, we argued that the State's evidence was almost entirely dependent upon the unreliable testimony of a lay witness. The contact was friendly, was not repetitive, and was non-harassing, we argued to the prosecutor. When we investigated the case, we found a lack of evidence to support the charges, in part because the field sobriety tests the state was relying upon were conducted in a snow storm and were therefore unreliable.