Telephone Communications Charge Dismissed: Our client was charged with telephone communications harassments. We presented evidence that he may have been experiencing a medical issue, and as a result the OVI charges were dismissed with him pleading to just a non-moving citation. I would highly recommend them to anyone! Our client was charged with an OVI due to a suspicion of driving while under the influence of narcotics. If a driver has five or more convictions over the past two decades, they face a maximum five-year prison sentence. Consequently, the OVI charges were reduced to a non-moving violation, saving our client from points to her license, jail, high fines, points to her license and an OVI on her record. Once a charge is expunged, the record is sealed to the public and shouldnt appear on a criminal background check. . 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. February 8, 2022. 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.. 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. Call the knowledgeable attorneys at Gounaris Abboud, LPA, at 937-222-1515, or contact us online. 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. Upon further investigation, t. If your license has been suspended in Ohio but you don't actually live there, you can petition for limited driving privileges at either the Franklin County Municipal Court or the court in charge of the area where the incident occurred. Read More: How to Get a DUI Removed From Your Driving Record. Log in. Deviations from this guide can cause a problem for the prosecutor. CDL Saved After Second Lifetime Over-the-Limit OVI Charges: Our client was charged with a second life-time OVI with an over-the-limit breath test of 0.162. A 60-day to 30-month incarceration sentence, depending on the amount of alcohol or drugs in the driver's system and their prior offenses. In addition to arguing his case, we showed that the prior OVI was from another state and Ohio could not show it was an actual DUI conviction. Avoid moving around in your seat, and never reach for your license and registration until requested to do so. We have helped hundreds of clients get their OVI charges reduced or dismissed. Our client was charged as the result of driving under an administrative license from an OVI charge. 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. The Law Offices of Brian J. Smith, Ltd.: How to Beat an Ohio DUI Charge? 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. 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. It was soon discovered that the police did not have or provide video referenced in the police report. Get answers now with a FREE Ohio DUI attorney consultation. What happens when you get your first OVI in Ohio? Invalid due to unscientific test equipment being used. To prevent that conviction, the defendant's team will need to challenge the drunk driving charge. 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. An OVI also can apply to drivers using a prescription, over-the-counter, or illegal drugs. 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. Call the experienced attorneys at Gounaris Abboud, LPA, for immediate assistance or continue reading for more information on how to beat an OVI charge. They were very thorough & easy to talk with. 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 . For a first-time OVI conviction, you could: Spend 72 hours in jail. Thats why its so important to aggressively fight all OVI charges in Ohio. The judge cannot put a person on probation without a presentence investigation. This saved our client from high points to her license and harsh OVI mandatory minimums. Over 21: 0.08 percent or higher, Under 21: 0.02 percent Commercial drivers : 0.04 percent or higher. 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. 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). We used this evidence to push forward in obtaining a dismissal of the OVI charges. At the court's discretion, first-time OVI offenders in Ohio may have the option of enrolling in a three-day Driver Intervention Program (DIP), an educational course on traffic safety and substance abuse and addiction certified by the Ohio Department of Mental Health and Addiction Services, rather than serve the mandatory three-day jail sentence. OVI charges dismissed against our client, saving them from a license suspension, points to their license and high fines. Copyright 2015 - 2023 Brian J. Smith, All rights reserved. Is an OVI a Felony in Ohio? Fine of $375 to $1,075, plus related costs and fees. That could be cut in half if the court allows driving privileges using an ignition interlock device. For skilled legal representation, you must contact an experienced OVI defense attorney to assist you with this charge. As a result, all charges against our client were completely dismissed. Because of my experience and concentrated focus, I know the Ohio DUI/OVI laws better than most attorneys in the state. 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. Third offense: 30 days to 1 year in jail, up to 5 years probation, up to $2,750 fine. 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. Pleading guilty can allow the defense lawyer to attempt to negotiate a plea bargain with the district attorney. Invalid because the test equipment malfunctioned. The administrative suspension occurs when you have a BAC over the legal limit or you refused to take a chemical test of your breath, blood or urine. You need Student Legal Services. During negotiations with the prosecutor, we argued that the State's evidence was almost entirely dependent upon the unreliable testimony of a lay witness. Through researching the discovery material from the State, proactive steps and negotiations with the prosecutor, and agreement was reached to dismiss the OVI charges saving our client from the strict OVI penalties and avoiding any license suspension. Two Theories Under Which You May Be Charged with OVI in Ohio. Our investigation revealed that symptoms of anxiety during the stop were misinterpreted as signs of impairment. 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. Oops! 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. A plea bargain can reduce your charge or reduce your penalties. Your criminal defense attorney can negotiate with prosecutors to request a plea bargain. Ohio criminal defense attorneys use every legal strategy available to help you get your OVI charge dismissed. This includes a DUI or an OVI arrest. 1. 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. How To Remove a DUI / OVI from Your Record in Ohio. 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. My attorney help me immensely. Helped me prioritize the events that happened. Our client was charged with an OVI after a car accident. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. When he stopped an argument ensued and he left the scene for his safety. This resulting in an immediate return of his license. He also provided a urine sample to evaluate. 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. This includes a license . Request discovery. In 2011, Mr. Gounaris was awarded a 10.0 Superb rating by Avvo, which is an attorney rating website recognized around the nation. This saved her from a license suspension, a driver's intervention program and jail, probation, high points to her driving record and an OVI on her record. Something went wrong while submitting the form. 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. We filed a suppression motion to keep out the breath test, raising arguments about the stop, field sobriety tests and breath test. Pretrial diversion is available for individuals who are first-time offenders or non-violent offenders. There will be a court-imposed one to three-year driver's license suspension. Although our client had a prior OVI conviction and prior OVI reduction, thereby facing enhanced penalties, we investigated his new OVI charge thoroughly, raised evidentiary issues, and engaged in intensive negotiations with the prosecution to reach an agreement to dismiss the OVI charges with our client pleading to a traffic citation instead. In addition to the denial of benefits, I also lost two rounds of appeals. Move to suppress evidence. As the law firm of Gounaris Abboud, LPA, of Dayton and Springboro point out, improperly calibrated or improperly administered testing equipment, such as breathalyzers, blood tests or urine tests, may not yield admissible evidence in court.
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