Cincinatti DUI Lawyers

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Cincinatti DUI Lawyers

James Arnold: Criminal cases move quickly. If you have been issued a ticket, charged, indicted, or arrested, you have the right to have your attorney present during ALL questioning by police and at EVERY court proceeding.
Cathy Cook: Arraignment is the first stage of courtroom proceedings to take place after the arrest and booking of a criminal defendant, during which time a criminal defendant is formally charged before a criminal court judge and asked to enter a plea to the criminal charges. During a typical arraignment, the judge will also decide whether to set or alter bail, and announces dates of future proceedings in the case (e.g., preliminary hearing and trial).
M J Donovan: When a jury trial is held, certain rules and procedures must be followed, including: There must be at least six jurors; juries usually range between six and twelve members. Non-unanimous jury verdicts are permissible, though not in felony and death penalty cases. This is also generally not allowed when the jury has only six members. The accused has a right to an "impartial" jury. This means, for example, that jurors in potential death-penalty cases may not be excluded because they have scruples about the death penalty, unless asked if they could consider its imposition in some cases. There can be no exclusion of identifiable racial or ethnic groups, or one sex. Virtually any issue that can enhance the maximum sentence (sometimes called "aggravating circumstances") must be decided by the jury. Consideration of mitigating and aggravating factors in connection with the death penalty usually must be decided by the jury as well.
Matthew Ernst: More than likely, you will be given a jail term. Most states require a mandatory one-night stay on the first offense. In addition, most second offenses within five years, results in a mandatory 30 day jail term and a third offense usually results in a sentence of no less than ninety days. Furthermore, your insurance company may discontinue its coverage or at the very least, assign you to a high-risk category, resulting in a substantial increase in your premiums.
Jeffrey Meadows: The person is under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse. This section is based entirely on the police officerŐs observations: (for example) . Driving or evidence thereof; . Odor of alcoholic beverage on/about the person; . Speech (slurred, slow & deliberate); . admissions of drinking alcoholic beverages; . eyes (bloodshot & glassy) and the Horizontal Gaze Nystagmus (pen test); . balance Đ unsteadiness or staggering and Standardized Field Sobriety Tests: Walk & Turn, and One Leg Stand; . Other general observations Đ open beer cans in vehicle, vomit on clothing or car, being passed out in parked car, mood swings, being argumentative, etc
Shuh & Goldberg:
What should you expect from a criminal defense attorney?
1. A lawyer who promptly returns phone calls and schedules appointments on an emergency basis, if necessary.
2. A lawyer who carefully listens and obtains all of the necessary facts and information about your case.
3. A lawyer who has courteous and professional support personnel and staff, including secretaries, paralegals, and investigators.
4. An attorney who will investigate the case, research the law, file appropriate motions, make required court appearances, take the case to trial, and defend your rights under the Constitution and the law.
5. An attorney who charges a fair and reasonable attorney fee, and enters into a firm agreement with you with respect to the lawyer fees and expenses.
6. A lawyer who will answer all of your questions.
Raymond Faller: Traditionally known as drunk driving, driving under the influence of alcohol (DUI), or driving while intoxicated (DWI), operating a vehicle while under the influence (OVI) is being treated with increasing seriousness in Ohio and other states. An OVI conviction today can have major consequence ranging from loss of income to loss of property and livelihood. If ever you find yourself facing OVI charges, be sure to retain an experienced and knowledgeable attorney.
Taliaferro, Carran & Keys: DUI-DWI Law - A cultural stigma has become associated with drunk driving that was not present in our society even a decade ago. Public perception categorizes people charged with drunk driving as criminals, even before they have been convicted of any crime. Being arrested for drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI) can be an unsettling proposition, to say the least. A DUI - DWI conviction in Kentucky or Ohio carries with it heavy penalties, including:
1. A permanent criminal record
2. Suspension or loss of license
3. Increased insurance rates
4. Community service
5. Possible jail or prison time
6. Alcohol assessment and treatment
7. Probation
8. Vehicle immobilization or forfeiture
9. Serious fines
10. Possible job loss
If you have been arrested or accused of drunk driving, DUI, DWI, vehicular homicide, or any other alcohol-related criminal offense, you are probably frightened, confused, and concerned about your future and that of your family. The selection of an experienced attorney is the first step towards regaining control of your life.
Matthew Ernst: You can be arrested for DUI by driving while over the legal BAC in your state or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car.
Kelly Farrish: DUI? Even if you are guilty of driving under the influence, you STILL need an attorney. DUI, DWI, OVI and Drunk Driving FAQ ~ Common Assumptions ~ Know Your Limits ~ Know Your Rights OHIO DRUNK DRIVING: In the state of Ohio and Kentucky, it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. In order to be convicted of drunk driving, the prosecution must prove that the defendant was driving or possessed actual physical control of a vehicle while under the influence of drugs or alcohol at the time of arrest. Evidence must show that the arresting officer had a probable cause for stopping or approaching the vehicle, or if stopped at a roadblock, that the roadblock was conducted in accordance with the Fourth Amendment of the U.S. Constitution. Ohio and KentuckyŐs legal drinking age for beer and liquor is 21. Evidence of impaired driving is based on physical findings by arresting officers and the results of a blood, breath or urine test. KNOW YOUR RIGHTS: REMEMBER, IF YOU ARE STOPPED FOR DRUNK DRIVING É Ą Have your driverŐs license, registration, and insurance card ready for police Ą Always be polite and cooperative Ą You have the right to ask for a lawyer and to refuse to answer questions without your attorney present Ą You have the right to refuse field sobriety tests, including the walk and turn test, the one leg stand test and the Horizontal Gaze Nystagmus (HGN Đ Ňthe eye testÓ). This firm strongly recommends that you refuse to take field sobriety tests. There is no legal penalty for a refusal. Ą You have the right to refuse to give breath samples. A refusal may result in a longer administrative license suspension. It can also double your minimum mandatory period of incarceration if you are convicted of an OVI charge. OPERATING A VEHICLE WHILE IMPAIRED (OVI): Generally known as DUI, Ohio refers to driving under the influence of alcohol as operating a vehicle while intoxicated (OVI). OhioŐs legal drinking age for beer and liquor is 21. Evidence of impaired driving is based on physical findings by the arresting officer and the results of a blood, breath or urine test. PROVIDING SUCCESSFUL DUI/DWI/OVI SOLUTIONS: The attorneys at The Farrish Law Firm can: Ą Reduce the likelihood of a referral to an aftercare program. Ą Protect your standing with your insurance company. Ą Secure occupational driving privileges. KNOW YOUR LIMITS: limit_chart.gif Click Here to download a printable version FREQUENTLY ASKED QUESTIONS The following information includes frequently asked drunk driving questions. The answers stated are general in nature and are not intended to apply to every DUI defense situation. Each case is different and carries with it its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting the Farrish Law Firm, you can receive a personal consultation regarding your specific criminal case. Is A DUI Conviction A Felony? A first-time DUI conviction is normally charged as a misdemeanor, not a felony. However, if someone was injured as a result of the drunk driving, the charges can be elevated to a felony. If anyone dies as a result of drunk driving, the defendant can be charged with vehicular manslaughter. Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense in six (6) years, sixth in twenty (20) years or the driver has had a prior felony DUI offense within 10-years of the new charge. The length and punishment received for a DUI conviction depends greatly upon whether it is charged as a misdemeanor or a felony. For example, misdemeanors carry the possibility of incarceration in the county or local jail for one year or less; felonies usually require a state prison term for more than a year. What Criminal Penalties Follow A DUI Conviction? A DUI conviction may affix criminal penalties such as fines, jail, probation, and/or community service. There are mandatory minimum penalties for first-time offenses and increased penalties for each additional offense thereafter. Conservative Judges and Prosecutors will seek lengthy jail sentences for multiple offendersŃespecially for those who are still on probation for a prior offense. It is therefore critical to have an experienced DUI Attorney who is familiar with the Court you are assigned to and how to avoid harsh jail sentences. The severity of criminal penalties will vary according to the circumstances of the offense that include, but are not limited to: whether the driver has a history of DUI violations, whether the driver was operating a commercial vehicle at the time of the DUI, whether the DUI violation occurred while there was a child in the vehicle, whether the DUI violation occurred simultaneously with another dangerous moving violation; i.e. reckless driving, whether the DUI violation involved a car accident in which property damage occurred, whether the DUI violation involved a car accident in which another person was injured or killed, and whether the driver was under the legal drinking age at the time of the DUI violation. Now, more than ever, a multiple offender needs an attorney dedicated to DUI defense. An attorney who practices only or predominately in DUI Defense can guide you through the legal process in ways that could substantially reduce any suspension imposed by 50-100%, even if your case cannot be won outright. Please contact the Farrish Law Firm today to learn more. What If I Refused To Take A Chemical Test? If you refused a chemical test or failed to complete a chemical test, you face a one-to-three year suspension from the Ohio BMV. There are many successful ways to defend a Refusal Case. The officer is required to properly advise you of the consequences if you refuse and many officers fail to give the required admonition correctly or they may confuse a driver. Officers will also routinely and improperly deny a driver the right to take and complete a breath test. Do I Need A Lawyer? If you fall within any of the following categories you should consult an attorney who concentrates on DUI defense: Ą DUI Drivers Who Injure Or Kill Others Ą DUI Drivers Who Were Involved In An Accident Ą DUI Drivers With Prior Convictions Ą DUI Drivers Who Have Refusals Alleged Ą DUI Drivers Who Have Levels Of 0.17% or Greater Ą DUI Drivers Who Hit And Run Ą DUI Drivers On Probation Ą DUI Drivers Under The Age Of 21 Ą DUI Drivers Who Were Speeding In Excess Of 30-Mph Of The Posted Speed Limit Ą DUI Drivers Who Have Children Under 14-Years Old In The Vehicle Ą DUI Drivers With Medical Conditions That Could Affect Field Sobriety Testing Ą DUI Drivers With Medical Conditions That Could Affect Chemical Testing Ą DUI Drivers Who Were Stopped By Police Within 1 Hour Of Last Drink Ą DUI Drivers Who Were Stopped At Checkpoints Ą DUI Drivers Who Were Stopped By Police Without Cause or Reasonable Suspicion Ą DUI Drivers Who Feel That They Were Not Impaired By Alcohol Or Drugs Ą DUI Drivers Arrested For Driving Under The Influence Of Prescription Medication Ą DUI Drivers Who Have A Low BAC (0.08% Or Lower) Ą DUI Drivers Who Risk Job Loss If Drivers License Is Suspended Or If Convicted Of DUI Ą DUI Drivers Who Hold Commercial Drivers Licenses (CDL) Judges in many Ohio and Kentucky Courts will treat some of these drivers differently, from their initial appearance in Court to the final sentence that is imposed. Some of these differences are required by law, such as mandatory minimum jail sentences for certain offenses or for multiple convictions; others are at the discretion of the individual judge. Many judges will set additional bail for multiple offenders and remand them into custody until a bond is posted. Drivers who are currently on probation will have their probation revoked and a probation violation hearing will be set. A probation violation for a prior offense could lead to additional jail time. Can Field Sobriety Tests Be Challenged? The gymnastics that you were asked to perform on the side of the road under abnormal conditions were not designed to objectively determine whether you were in fact impaired by alcohol. Police and prosecutors use them to collect evidence against you. They cannot be passed. They are judged by negative scoring; thus, you get no credit for doing things correctly. You can do a test perfectly and still fail the test because the Officer thought you performed in a "slow deliberate manner." Police in Cincinnati, Ohio routinely use field exercises that were rejected after exhaustive studies under expensive federal grants. These include the following: THE ALPHABET TEST; THE FINGER COUNT TEST; COUNTING BACKWARDS; TOUCHING FINGER TO NOSE TEST; MODIFIED BALANCE TESTŃESTIMATE 30 SECONDS WITH EYES CLOSED AND HEAD TILTED BACK. These Field Sobriety Tests are not scientific or reliable. In many cases in Ohio, these tests are conducted by police officers in a manner which is not approved by the National Highway Traffic Safety Administration. Proper cross-examination of the arresting officer can demonstrate that these exercises do not predict impairment for the purposes of driving a motor vehicle. The scientist hired by the National Highway Traffic Safety Administration, Marceline Burns, has admitted that the field tests do not measure impairment. She has also admitted that they are unreliable unless administered in strict compliance with standardized testing procedures. A recent published scientific study evaluated 100 videotapes of police conducting the follow the pen eye test and found that each and every officer performed the test wrong. Cross-examination of police officers with their very own training manuals routinely demonstrates their lack of knowledge and skill. 10 Ways to Discredit Field Sobriety Tests: 1. Field Sobriety Tests Are Not Scientific 2. The Officer Was Not Properly Trained 3. The Officer Did Not Use Standardized NHTSA Tests 4. The Officer Did Not Properly Instruct You On How To Perform Tests 5. The Officer Did Not Use Objective Standardized Scoring Criteria 6. The Officer Had You Perform The Tests Under Improper Conditions 7. Your Age Or Weight Make You An Improper Candidate For Tests 8. You Have A Physical Disability That Makes You An Improper Candidate For Tests 9. You Have A Psychological Condition That Makes You An Improper Subject For Tests 10. The Officer Lied About Your Performance On The Tests Can I Challenge The Results Of A Breath Test? The Validity of Breath Testing Are based upon Vast Array Of Assumptions That Can Be Attacked By An Experienced DUI Attorney In A Wide Variety Of Cases. COMMON ASSUMPTIONS 1. The machine is in proper working order and has been properly calibrated. Even if everything is in proper working condition, there can be an acceptable variation of +/- 0.02%. If your result is a 0.10%, that's a 20% error factor. How would you feel if the altimeter of an airplane was 20% off? 2. The sample was properly obtained. The law requires that you be under continuous observation for 20 minutes prior to your breath test to prevent "MOUTH ALCOHOL". If the operator of the breath device did not have you under continuous observation for 20 minutes prior to testing, your test may be invalid. Even if you were observed, you may still have medical conditions that may make you an improper candidate for breath testing. These conditions include common ailments such as heartburn and gum disease. 3. The sample was obtained after defendant absorbed all the alcohol. Breath testing assumes that the subject is post absorptive. This is important because the machine is calibrated to multiply the breath result by 2100 to calculate your blood alcohol level. If you were still absorbing alcohol, this would tend to significantly over report your true blood levels. 4. The temperature of the defendantŐs breath was 34 degrees centigrade. State of the art breath testing equipment actually measures the temperature of your breath and will subtract any false high result due to elevated breath temperature. Studies done with breath testing equipment establish that the real average breath temperature for arrestees in DUI cases is closer to 35.5 with readings actually over 37. This alone would cause a false high of between 10-to-20%. 10 COMMON CHALLENGES TO BREATH TESTS: 1. The Machine Was Not Properly Operated 2. The Machine Was Not Properly Maintained 3. The Machine Was Not Properly Calibrated 4. The Machine Was Affected By Radio Frequency Interference (Police Radio etc.) 5. The Machine Has An "Acceptable" Range Of +/- .02% 6. Your Body Temperature Was Greater Than 98.6 7. You Were Tested Within 3 Hours From Your Last Drink 8. You Have Medical Or Dental Problems That Make You An Improper Candidate For Breath Testing 9. The Officer Did Not Have You Under Continuous Observation For 20 Minutes Prior To Giving You The Breath Test 10. Your Symptoms And Drinking Pattern Are Inconsistent With The Test Result Do My Medical Conditions Affect DUI Testing? The defense of a DUI case requires specialized knowledge about physics, chemistry, biology, anatomy, toxicology, pharmacology and how these scientific disciplines interrelate. Chemical testing for blood alcohol levels assumes that the subject is a normal, healthy average person. There are countless medical conditions, which can affect the accuracy of chemical testing and the appropriateness of field sobriety exercises. The following are examples of medical conditions that could effect DUI testing: Ą Periodontal (Gum) Disease Ą Dentures Ą Faulty Bridge Work Ą Gastric Reflux Disease (Heartburn) Ą Flu Ą Fever Ą Pre-Menstrual/Menstrual Ą Diseases of the Lungs Ą Heart Disease Ą Accidents With Air Bags Ą Diabetes Ą Inner Ear Conditions Ą Attention Deficit Disorder Ą Pre-Existing Injuries to Back, Legs, Etc.
Rendigs, Fry, Kiely & Dennis: Responsible individuals who recognize they have consumed too much alcohol, and properly decide not to drive an automobile, often find themselves facing prosecution and conviction for driving under the influence by their mere presence behind the wheel of a motor vehicle. Despite the name of the offense and the acronym, the "DUI", the question is not whether the individual was necessarily driving, but whether the vehicle was being operated or, more importantly, whether the vehicle was capable of being operated.
James Schimanski: If you are facing charges of DUI in Ohio, you need a Lawyer with the experience and knowledge to protect your rights and interests. Being arrested and charged with a DUI can be a fearful and humiliating process. Many people including some criminal defense lawyers, believe that if there is a chemical tests which indicates a prohibited alcohol content or the police claim the driver failed the the roadside field sobriety tests the case is not winnable, and the accused should plead guilty. This is the wrong.
Young, Reverman & Napier: State legislatures, law enforcement agencies and the public have all declared war on drinking and driving by passing recent legislation which enhances the penalties for DUI offenses. For example, the director of the Ohio Department of Public Safety has described the new DUI laws and their penalties as 'SWIFT AND SURE" and are the toughest yet on drunk drivers. These penalties include not only incarceration and fines, but also impoundment and immobilization (and possibly forfeiture) of the vehicle, immediate suspension of your license at the time of the arrest and increased reinstatement fees for the reinstatement of your license through the Bureau of Motor Vehicles.
Charles Strain: Practice limited almost exclusively to DUI cases. REFUSE BREATH TEST? QUESTION: If I'm arrested for DUI, should I take the breath test? ANSWER: The short answer is that it depends. The best thing to do is phone me for immediate advice if you're ever in that unfortunate position. Some lawyers simplistically recite that you should always refuse a breath test. But a refusal practically guarantees that the irritated officer will exaggerate negatives in his report, that you'll actually be charged with a DUI (perhaps a more serious one), that it will be much harder to get driving privileges sooner, that you will have less charitable plea bargain offers from the prosecutor, and that your sentence will be harsher if a DUI conviction results. Whether you should refuse depends on many factors, such as the facts surrounding your arrest, whether and when you've had prior offenses, how much you've had to drink, and the jurisdiction you're in. I often advise prospective clients over the phone in the middle of the night. It usually takes over a half hour to discuss the particularized details leading to my ultimate advice. I've often advised my clients at the police station to refuse the test. But over the years, I've advised many of them to take the test when that's appropriate. Some of those who take the test walk out of the police station with only a speeding ticket. They're delighted not to have to face a DUI and not to have to pay a lawyer. Maybe that's why some lawyers always advise you to refuse. In addition to the breath test advice, I usually advise clients at the police station to get their own blood test immediately upon release. And I advise clients to be polite, but not to answer questions or make statements.

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