Cleveland DUI Lawyers
- Robey, Gregory:
There are many legal factors involved in putting on a vigorous DUI defense. DUI defense counsel must have a working understanding of the operation of breath test equipment, hospital testing equipment, and instruments utilized by forensic laboratories in the process of testing for intoxicants.
Many people donÕt realize it, but those charged with a DUI or driving while intoxicated (DWI) are sometimes also charged with additional crimes such as reckless driving, or aggravated DUI and other vehicular crimes requiring the legal representation of an experienced DUI attorney.
The defense used by an experienced DUI/DWI lawyer will relate to areas such as:
* whether you suffered violation of your constitutional rights;
* whether the officer concerned followed the correct procedures and regulation in a proper fashion; whether you were read your rights when the officer made the DUI/DWI arrest;
* whether the blood and alcohol level tests were properly carried out;
* whether the equipment used to monitor blood alcohol levels was maintained and in good working order.
- Turbow, Lawrence:
Arrested for drunk driving? Is there any defense to a DUI charge, or should you should just pay your fine and wait for the matter to blow over? In Ohio, DUI means a mandatory three-day jail sentence. If you are a pilot, drive a van or bus or are a commercial truck driver, a DUI conviction will mean the loss of your livelihood. Before you make a decision, talk to an attorney with experience in DUI/DWI cases.
Contact a lawyer about DUI charges
Drunk driving is referred to as operating a vehicle while intoxicated (OVI), driving under the influence of alcohol (DUI) or operating a motor vehicle while under the influence, impaired or intoxicated (OMVI). There are effective DUI defense strategies.
- Margolis, Daniel:
What is a bond?
Answer: Generally speaking, there are three different types of bonds. The first type is a personal bond which requires the client only to sign a form and does not require any money. There is also a cash bond where the client puts up the amount of cash required and this is returned, minus some court fees, etc..., if the client shows up at all the hearings. Some courts will also accept real property (homes, real estate) in lieu of cash. Third is a surety bond where the client pays a bondman ten percent of the total amount of the fee. The bondsman keeps this money and does not return it to the client at the end of the case.
- Eichorn, Phillip:
Drunk driving is a serious charge in Ohio that can lead to extremely negative consequences including jail time, heavy fines, license revocation or suspension, and loss of current or future employment.
- Levin, Dennis:
Many people wrongly believe that a DUI or DWI charge is not a serious crime. The truth of the matter is that more people go to jail for an alcohol related crime than for any other crime! Recent statistics show that more than 1.5 million drivers are arrested for driving under the influence of alcohol or narcotics each year. With harsher laws being passed every year, judges are coming down harder on those convicted of these offenses.
In addition to jail sentences, you can lose your driver's license for long periods of time, even for the rest of your life. The cost for community service, probation, alcohol programs, re-education programs, driving schools, interlock devices and other court-ordered punishments can reach thousands of dollars! Insurance will either be canceled or the premium will be astronomical. An alcohol related driving conviction can affect you for the rest of your life!
If you or one of your friends or loved ones is facing an alcohol related driving offense (DUI / DWI / OVI) you need a lawyer who knows your concerns and who will fight for your rights.
- Martinez, Hector:
The biggest concern of the majority of people after they have been arrested for drunk driving is, "When will I be able to drive again?" Under Ohio law, there is a mandatory administrative suspension of your driver's license for a minimum of 90 days if you are arrested for DUI or OVI, and test above the legal limit. If you refused the breath test, your driverÕs license will be administratively suspended for a minimum of one year.
- Harvey Bruner:
contest a DUI arrest on the basis of one or more of the following aspects of the arrest:
¥ The traffic stop: was there probable cause?
¥ The sobriety test: was it given in a manner that protected the suspect's legal rights?
¥ The breathalyzer results: were they certifiably reliable?
- Sidoti & Sidoti:
NEW TEEN DRIVING LAW TAKES EFFECT THIS WEEK
A new Ohio law that places additional restrictions on teenage drivers will take effect this week. The law, which provides that teen drivers may carry only one passenger at a time who is not a family member, takes effect on Friday. The law also limits the nighttime hours that teens may drive. Some law enforcement officials question whether the law will result in more inexperienced drivers on the roads since they cannot ride together.
- John Fatica:
Under current Ohio DUI law, a police officer can confiscate your driver's license for suspicion of driving under the influence, and you can face up to a ninety day automatic license suspension for your first offense of having a blood alcohol level of .08%. DUI, or OVI, penalties in Ohio are among the strongest in the U.S. If you've been arrested for DUI, or a related driving offense, you can't afford to hope that your defense attorney will get things right for you. You need to know that you are relying on experience and knowledge.
- Thomas McGuire:
Each legal matter is unique
- Bernard
& Haffey: A criminal defendant has a right to represent herself
during criminal proceedings. Self-representation is a right afforded in
both state criminal proceedings and federal criminal proceedings. The
defendant has a right to represent herself and that right is implied
within the purview of the Sixth Amendment to the United States
Constitution. Self-representation is also referred to as pro se
defense.
- Summers & Vargas: Criminal Law The
defense of persons accused of committing Federal and State statutes and
Municipal ordinances, both as to guilt or innocence and as to ensuring
reasonable and fair sentencing if conviction occurs.
- Joseph Bolek:
Defense of DUI, OVI, Traffic and other Criminal, Felony and Misdemeanor
Offenses Regarding Driving under the Influence (DUI and OVI) did you
know that it is not against the law in Ohio to drink and drive? It is
only against the law to drink and drive while having a blood alcohol
count of .08% or higher. Did you know that you do not have to submit to
a Field Sobriety Test (FST) upon request of the law enforcement officer
at the scene of the detention or afterward? There is only a penalty
(loss of driving privileges) for refusing to submit to a breath, urine
or blood test for alcohol. These types of cases as well as other
criminal charges (misdemeanor or felony) can be effectively defended by
use of aggressive pretrial discovery and in some cases, depending on
the facts, pre trial motions such a Motion to Suppress Evidence so that
the state cannot use certain types of evidence against you at trial.
- Joel Nash: What is DUI, OVI and DUS? DUI is short for Driving Under the Influence of
drugs or alcohol. DUI was replaced by OVI in Ohio January 1, 2004. OVI
is short for Operating a Vehicle Under the Influence of drugs or alcohol.
DUS is Driving Under Suspension. Being arrested for DUI / OVI can
seriously impact your life. Jail time, court fines, higher insurance
premiums, loss of license and driving privileges can often result from
a DUI / OVI. DUS is also a serious charge which can result in
many of the same penalties as a DUI / OVI. The best way to handle a
DUI / OVI or DUS charge is to retain a knowledgeable and experienced
lawyer.
- Howard Skolnick: A criminal conviction can have a devastating impact on you and your family for years to come ...
- Jonathan Bartel:
Criminal law involves the prosecution of a person by the government.
Most crimes in the United States have been established by local, state
and the federal laws. Crimes can be defined as acts or omissions of
acts in violation of a public law that either forbids or commands it.
For example, murder is a forbidden act, making it a crime of
commission. Conversely, one is required to pay one's income tax, making
the failure to do so a crime of omission. Felonies are serious crimes
with serious penalties including fines, imprisonment for more than one
year, or, in some cases, both. In certain states, some crimes are
punishable by death.
-
Robey & Robey:
DUI CRIMES
FREQUENTLY ASKED QUESTIONS:
1. QUESTION: WHAT SHOULD I DO IF I AM STOPPED FOR A DUI OFFENSE?
Answer:
Try to remain calm. Provide your driver's license to the police
officer. Respectfully decline to answer any questions by the officer
other than identifying yourself. Respectfully decline to perform any
roadside field sobriety tests. Respectfully decline to take any
portable breathalyzer test. Respectfully decline to take any
breathalyzer, blood, or urine tests. Immediately contact a qualified
criminal defense attorney.
2. QUESTION: DO I HAVE THE RIGHT TO DECLINE TO ANSWER QUESTIONS BY THE POLICE?
Answer: Yes. All citizens are guaranteed the protection against self-incrimination.
3. QUESTION: DO I HAVE THE RIGHT TO REFUSE TO PERFORM FIELD SOBRIETY TESTS?
Answer: Yes.
4. QUESTION: DO I HAVE THE RIGHT TO REFUSE A BREATHALZER, BLOOD OR URINE TEST?
Answer: Yes. However, such a refusal may result in a suspension of your driver's license.
5. QUESTION: WHAT SHOULD I DO WHEN I AM RELEASED FROM THE POLICE STATION?
Answer: Immediately contact a qualified criminal defense attorney.
- David Grant:
You have the right to be arraigned without unnecessary delay after
being arrested. You will appear before a judge who will tell you
officially of the charges against you at your first arraignment. At the
arraignment, an attorney may be appointed for you if you cannot afford
one, and bail can be raised or lowered. You also can ask to be released
on personal recognizance, even if bail was previously set. If you are
charged with a misdemeanor, you can plead guilty or not guilty at the
arraignment. Or, if the court approves, you can plead nolo contendere,
meaning that you do not admit guilt but you admit the truth of the
facts alleged in the complaint or indictment. Legally, this is the same
as a guilty plea, but it cannot be used against you in a subsequent
civil case.
- Michael Hennenberg:
Many states have enacted statutes that grant non-law enforcement
citizens the right to detain others if the citizen knows that the
detained individual is engaged in the commission of a crime. This
detainment is frequently referred to as a "citizen's arrest."
- Eric
Allen: If you have been charged with a crime, be sure to hire the
attorney who will ensure that you receive the protection of the bill of
rights.
- John Spellacy: A conviction on
DUI/DWI charges may result in fines, the revocation or suspension of
your driver's license, and possible jail time. In addition, your
insurance company may increase your rates to an unmanageable level. In
defending against an impaired driving charge, you have many rights as a
criminal defendant, including the right to cross-examine the witnesses
against you, even if they are police officers. An experienced criminal
defense attorney can make all the difference in such a difficult case.
- Gardner & Kucharski
Years ago, a drunk driving charge meant someone was "drunk" in the way
all of us commonly understand the word - intoxicated. But today, due to
the extensive and often misguided lobbying pressures put on
legislatures by groups such as MADD, SADD, and others, intoxication as
we know it is not required for a person to be found guilty of drunk
driving. Today's drunk driving laws mean that you can be convicted of
drunk driving with considerably less alcohol in your system than what
we customarily recognize as being enough to make a person drunk. And if
you are convicted, you will suffer some very harsh penalties.
- David
Hildebrandt: Drunk Driving Defense - the "right to drive" is a
privilege which is governed by the individual states. Traffic
violations are a mix of regulatory and penal (criminal) offenses based
on violations of state statutes and city ordinances relating to the
operation of vehicles, specifically driving under the influence of
alcohol or other substances which impair the ability to drive.
- Avery Fromet:
Ohio's DUI law has become one of the toughest in the nation. Beside the
possible incarceration and financial burdens involved, the new
automatic license suspension provisions can have a devastating effect
on your right to drive for an extensive period of time. In addition to
the new license suspension provisions, recent amendments to the law
exact greatly enhanced and mandated jail sentences for offenders
including the possibility of a felony record.
- Zuckerman, Diaker & Lear
If you are stopped for drunk driving and you refuse to take the
sobriety test, or if your test results exceed the legal limit of .10%
Blood Alcohol Concentration (BAC), the officer can take your driver's
license on the spot, and the suspension begins immediately.
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