Akron DUI Lawyers
- Leiby Hanna Rasnick Towne Evanchan Palmisano & Hobson :
* Family law
* Personal injuries
* Wrongful Death
* Toxic torts defense
* Products liability defense
* Will contests
* Probate litigation
* Criminal law: drug offenses, white collar crime, DUI, and other crimes
* High net worth estate planning
* Succession planning
* Business planning
* Appeals
- Crislip, Kenneth:
A DUI conviction is more serious than most low-level felonies. You will lose your driver's license and you may go to jail. Your insurance rates will skyrocket. You will have a permanent criminal record. If you have been arrested for drunk driving, you need a strong defense effort.
- Migdal. Kirk:
Do not delay after you have been cited for DUI/DWI (driving under the influence of alcohol or drugs). Contact a criminal defense lawyer as soon as possible. As you select your DUI defense lawyer, ask yourself how seriously the attorney is likely to take your case. You do not want to be a case number or a face in the crowd. You want a lawyer who will recognize the unique characteristics of your particular drunk driving arrest.
Factors that may figure into the final outcome of your drunk driving defense case in Ohio may include the following:
* Is underage drinking part of the charges?
* Is this a first time or repeat offender arrest?
* What was the police officer's reason for the traffic stop Ñ were you weaving in and out of traffic, or did you just happen to be in the wrong place at the wrong time?
* Was law enforcement's reason for stopping you reasonable or unreasonable?
* If you took the Breathalyzer test, was the machine properly maintained and calibrated? Might it be proven that you were not, in fact, inebriated according to the state's standards for sobriety?
Your job after you have been arrested for driving while intoxicated is to cooperate with your defense lawyer. Be honest with your attorney and be ready to go to administrative hearings Ñ and to court, if necessary. Your defense attorney's job is to explore every angle of your charges and your arrest in search of valid defense arguments.
If alcohol abuse is in your background, you can likely expect that the court will expect to see you participate in some kind of addiction treatment or rehabilitation. If this was a onetime fluke occurrence when you were driving home from a wedding or an after-hours work party, you should expect your defense attorney to emphasize this and other relevant mitigating circumstances.
- Eddie Sipplen:
We all know how stressful a legal entanglement can be, whether itÕs a criminal prosecution, a divorce,Êor a civil lawsuit.Ê In such difficult situations, you take a tremendous risk if you donÕt have solid legal counsel and representation at your side.
- James Burdon:
If you are facing serious charges related to drunk driving or driving under the influence of drugs or alcohol, you need the best defense attorney in the area Ð James Burdon. The penalties for DUI, even a first-time offense, are severe. He has helped countless Ohio residents respond to serious drunk driving charges. James Burdon is an experienced trial attorney who has prepared and presented criminal defense at all levels of the state and federal courts.
Frequently Asked Questions Regarding
DUI / OUI Ð Drink Driving Offense
What is DUI or OUI?
DUI is shorthand for "Driving Under the Influence." It is also known as OVI which stands for "Operating a Vehicle While Under the Influence." A person is guilty of OVI if he or she operates a motor vehicle while under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when the operator's blood alcohol level (BAC) exceeds .08 percent.
Breathalyzer, Blood, Urine & Sobriety Tests
One of the most frequently asked questions is do I have to submit to a breath, blood, or urine test? The answer is no you donÕt, but refusal to submit to a test upon the request of a law enforcement officer is admissible in any criminal proceeding against you as evidence of your consciousness of guilt and may result in a one (1) year driving suspension.
- Blakemore, Meeker & Bowler:
If you have been charged with a DUI or other traffic violation, such as driving with a suspended drivers license or driving without insurance, it is important to know that the police must have a valid reason to stop you.
Losing the Privilege to Drive
Driving is a privilege that is suspended immediately when a person is stopped for drunk driving, refuses to take a field sobriety test, or whose blood alcohol content (BAC) is found to be above the legal .08 limit. This is an administrative action and is separate from the criminal charges against you, which can include additional penalties such as jail time and fines. Losing the privilege to drive reduces a person's freedom and ability to get to work. Contact a DUI lawyer from our firm to take the first step toward getting your freedom back. Our attorneys can evaluate your situation and determine whether you may determine whether you will be eligible for an occupational driver's license to travel to and from work.
Penalties increase with the number of offenses. For instance, a first offense may result in a 90 day administrative drivers' license suspension; a 4th offense may result in a three year suspension of your license. BAC limits will also have a considerable impact on penalties; an individual could face house arrest and vehicle restrictions. Injuring or killing someone in a drunk driving accident has even more serious consequences.
- Edward Weber:
Many
people charged with DUI (Driving Under the
Influence) or DWI (Driving While Intoxicated)
in Ohio have a particularly difficult time dealing with their
criminal charge, often because it is the first crime with
which they have ever been charged. DUI or DWI charges
are made against approximately 1.5 million drivers every year.
These arrests can result in serious consequences. A person
who is convicted of a DUI or DWI can face heavy fees and penalties,
a loss of driving privileges, and may be sentenced to serve
jail time.
Given that so much is at stake in a DUI or DWI case, it is
important to hire an experienced criminal defense attorney
who has handled many DUI and DWI cases in Ohio, and who will
guide you through the legal maze of the Ohio criminal justice
system and Department of Motor Vehicles (DMV).
There are TWO CASES for every DUI Arrest
There are essentially two different cases that are brought
against you when you are arrested for a DUI. First, there
is the DMV case (Department of Motor Vehicles case)
- this is where your driver's license may be taken away from
you. Second, there is the criminal case - this can
result in jail time, fines, classes for alcohol education,
community service, impounding your vehicle, getting an ignition
interlock device installed in your vehicle, or a combination
of these things. It all depends on the facts of your individual
case.
Ohio DMV Hearing
If you have been arrested for a DUI, you must request a DMV
hearing within 10 days of the arrest. If you do not do so,
your license will be automatically suspended or it will be
revoked 30 days after your arrest.
The DMV proceeding is very different from the criminal courtroom
proceeding. These hearings are much more informal, and they
are run by a Driver Safety Office (DSO) Hearing Officer, who
is an employee of the Department of Motor Vehicles (this hearing
is not run by a lawyer or a judge). The standard of proof
in DMV hearings is a "preponderance" of the evidence,
which is a much lower standard than what is used in criminal
court.
DMV hearings can be very technical, and the chances of a person
winning without legal help are very low. Unfortunately, the
DMV does not care about your personal life, and it makes no
difference to them if you need to drive to work or school.
Additionally, the DMV will sometimes discourage individuals
from seeking a hearing, telling them that they "can't
win". The documentation that is given to a person who
is arrested for DUI can be confusing, and it does not clearly
explain that a hearing must be requested in a very short period
of time. Contrary to what it says on the form, you do not
have to show that the suspension is not justified - rather,
the DMV must show that the suspension is justified. According
to the DMV's statistics for a recent year, 34% of all people
who were suspended for DUI at the time of their arrest kept
their driver's license by simply requesting a hearing to fight
the suspension.
Important Factors for the
Ohio DUI Criminal Case
After the DMV hearing, the accused person must face the criminal
proceeding. The Drunk Driving penalties in the state of Ohio
are set forth by statute and can be very complicated. The
basic statute allows for a range of possible DUI sentences,
but there may be modifications to the sentence based on the
following factors:
-
Having a prior conviction within the last seven (7) years
-
Speeding 20 mph (or more) over the speed limit at the time
of the DUI
-
Having a child under the age of 14 in the car at the time
of the DUI
-
Having a blood-alcohol reading of over .20%
-
Refusing to submit yourself to chemical testing
Within the range that is set forth by statute, the sentence
in a DUI case will be affected by such factors as:
-
The various facts of the case
-
The policies of the prosecutors and local courthouse
-
The weaknesses or "holes" in the case, as uncovered
by the defense attorney
-
The reputation of the defense attorney
It is important to note that the results of the breath, blood
or urine test will be a factor in determining the charges
that will be brought against you and the possible sentences.
If you were driving with a blood-alcohol level of over .08%,
then there has been a DUI offense. Please remember, however,
that the DUI laws relate to the blood-alcohol level at
the time of the driving, and not at the time of
the test. This is a very important difference that may be
used in your favor. It is also important to understand that
the tests - particularly the breath tests -- are unreliable
and therefore susceptible to attack by an experienced DUI
/ DWI attorney.
Contact an Experienced DUI / DWI Attorney
Experienced DUI lawyers know which arguments work and which
ones don't. If your DUI attorney can get your charge reduced
from a felony to a misdemeanor, it is considered a major win.
In fact, he may be able to get your case dismissed, which
is the ultimate goal.
- Brian Williams:
Every U.S. citizen is born with liberties that are protected under our constitution and legal system.Ê However, many times people can be made to feel helpless while their civil rights are violated.
- Lombardi, George & James:
Being arrested is a frightening experience. Police and prosecutors can make you feel helpless and alone. If you are being investigated on criminal charges or have been arrested, you need experienced attorneys on your side that know the legal system.
- John Henges:
If you are facing criminal charges, selecting the attorney who will represent you is the most important decision you will make. Whether you've been charged with a simple misdemeanor or a very serious felony offense, a poor defense could have a disastrous impact on your life. The outcome of a criminal matter can follow you for decades, limiting employment opportunities and resulting in the loss of privileges. With so much at stake, choose an attorney who will work with you to achieve the best possible result.
Do Not Speak With the Police
Think of each word that you say to the police as a new piece of evidence that will be used against you - not for you. Only provide the police with your correct name and contact information. Telling the police your side of the story is a mistake! When the police want to talk to you they are looking for evidence of a crime and you are a suspect. You have a constitutional right to remain silent. Contact a lawyer before appearing in Court or speaking to law enforcement.
Write Out the Events on a piece of paper
Write out the chronology of events that occur during your arrest and/or detention. Did an officer stop you? What was his/her stated reason? What questions were asked? Were you read your rights? By making a written record of the events shortly after the stop or arrest, you may be better able to recall the events accurately when speaking to your lawyer.
- Callahan, Greven, Rilley and Sinn:
An arrest occurs when you are taken into custody in a manner prescribed by law. Arrests can be performed by police officers or civilians who, in certain situations, may make an arrest when the police cannot. Also, an arrest does not necessarily have to be announced.
- Slater & Zurz
Driving under the influence or, "D.U.I.," means driving or operating a
motor vehicle in a public place while intoxicated. It is usually a
misdemeanor. This offense can also be defined as a "D.W.I.," or driving
while intoxicated, or an "O.W.I." meaning operating while intoxicated. All
three charges are punishable to differing degrees depending on each
state's laws
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