Driving Privileges, Part IV.

by Joe Suhre on May 16, 2013

in Driving Privileges,DUI Law,Uncategorized

The law in Ohio provides for limited driving privileges when you are under a suspension for a DUI. You are eligible for privileges after any hard suspension time.
Once eligible, you can get privileges for the following reasons: Occupational, Educational, Medical, and Vocational.

Part 4 of this blog series is devoted to clients who ask about whether they can get privileges for vocational reasons. Privileges are given at the discretion of the Judge and there is no right to them. Privileges for vocational reasons will be granted on a case by case basis.

First though, we need to analyze what they are since this is a grey area in most Judges’ minds.
Black’s Law dictionary defines “vocation” as a person’s calling, business, occupation, or profession. This does not give much guidance since we already know we can get privileges for occupational reasons.

Merriam Webster’s online dictionary defines “vocational” as training in a skill or trade to be pursued as a career. They define “vocation” as a divine call to the religious life, the work in which a person is employed, or a particular occupation.

This still does not help us fully understand what vocational privileges are more than something between a job, training for a job, and a calling wherein the person devotes time to something that does not necessarily result in income.

My common advice to people is that it can be used for things that you do other than your job that is a benefit to the community. Say for instance, volunteering at your local hospital, coaching, job training, etc.

As with all privileges, they are discretionary. The more a Judge finds the idea a benefit to other people, the more likely that they will be granted. Understand that the more you stray from the common privileges for your job, school, and medical necessity, the less likely they are to be granted.

And remember, if you or a family member has been arrested for DUI in the Columbus Area – give our office a call at 614-827-2000….24-hours a day, 7 days a week. Because now is the perfect time to put a team that includes a former police officer and a former prosecutor to work….for you!

Driving Privileges, Part III

by Joe Suhre on May 6, 2013

in Driving Privileges,Uncategorized

The law in Ohio provides for limited driving privileges when you are under a suspension for a Columbus DUI. You are eligible for privileges after any hard suspension time.

Once eligible, you can get privileges for the following reasons: Occupational, Educational, Medical, and Vocational.

Part 3 of this blog series is devoted to clients who ask about whether they can get privileges for medical reasons. Privileges are given at the discretion of the Judge and there is no right to them.

Privileges for medical reasons will almost always be granted. Appointments vary so much by day and times that the privileges are usually very broad.

Due to the variety of schedules a person will have with each doctor, most Courts will require a person to carry proof on their person. This is done with an appointment card.

One thing my client’s ask about frequently is whether they can get privileges for the medical needs of a parent, child, or other family member. I tell them that it depends on the Judge,the relation to the person, and that person’s ability to get to the doctor by other means.

The theory being that the more distant the relationship and the better the person is able to make other arrangements the more difficult it is to get privileges. If the person is dependant on your care and unable to make other arrangements you stand a good chance of getting the privileges.

And remember, if you or a family member has been arrested for DUI in the Columbus Area – give our office a call at 614-827-2000….24-hours a day, 7 days a week. Because now is the perfect time to put a team that includes a former police officer and a former prosecutor to work….for you!

Columbus, Ohio Driving Privileges. Part II.

by Joe Suhre on April 29, 2013

in Administrative License Suspension,Court Procedure,Driving Privileges

The law in a Columbus, Ohio DUI / OVI case provides for limited driving privileges 15 -30 days post arrest on a first time OVI charge. Once eligible, you can get privileges for the following reasons: Occupational, Educational, Medical, and Vocational.

Part 2 of this blog series is devoted to clients who ask about whether they can get privileges for medical reasons. Privileges are given at the discretion of the Judge and there is no right to them.

Privileges for medical reasons will almost always be granted. Appointments vary so much by day and times that the privileges are usually very broad. Due to the variety of schedules a person will have with each doctor, most Courts will require a person to carry proof on their person of the medical appointment by carrying an appointment card.

And remember, if you or a family member has been arrested for DUI in the Columbus Area – give our office a call at 614-827-2000….24-hours a day, 7 days a week. Because now is the perfect time to put a team that includes a former police officer and a former prosecutor to work….for you!

Can I Get Driving Privileges To Look For A Job?

by Joe Suhre on April 22, 2013

in Court Procedure,Driving Privileges,DUI Law,Uncategorized

The law in Ohio provides for limited driving privileges when you are under a suspension for a Columbus, Ohio DUI. You are eligible for privileges after any hard suspension time. This may be 15 or 30 days on a first time offense depending if you took a chemical test.  Once elligible, you can get privileges for the following reasons: Occupational, Educational, Medical, and Vocational.

Privileges are given at the discretion of the Judge and there is no absolute right to them. Privileges to look for a job will be granted depending on the attorneys ability to convince the judge that you will ACTIVELY be seeking a job. If granted they will most likely only be during regular business hours 9-5 Monday to Friday with proof of interview / appointment.

Remember, if you or a family member has been arrested for DUI / OVI in the Columbus, Ohio area – give our office a call at 614-827-2000….24-hours a day, 7 days a week. The call and the initial consultation are FREE!

Because now is the perfect time to put a team that includes a former police officer and a former prosecutor to work….for you!

What’s the legal limit for an OVI in Ohio?

by Joe Suhre on April 15, 2013

in Uncategorized

What is the “legal limit” in a Columbus, Ohio DUI/OVI case?

Below, the (A)(1)(a) section says that if the officer believes you are under the influence of alcohol he can charge you with a DUI no matter what level of alcohol is in your system. There are, however, many prohibited amounts of alcohol listed in the statute depending on how they test you:

4511.19 Operating vehicle under the influence of alcohol or drugs – OVI.

(A)(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply: (a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.

(b) The person has a concentration of eight-hundredths of one per cent or more but less than seventeen-hundredths of one per cent by weight per unit volume of alcohol in the person’s whole blood.

(c) The person has a concentration of ninety-six-thousandths of one per cent or more but less than two hundred four-thousandths of one per cent by weight per unit volume of alcohol in the person’s blood serum or plasma.

(d) The person has a concentration of eight-hundredths of one gram or more but less than seventeen-hundredths of one gram by weight of alcohol per two hundred ten liters of the person’s breath.

(e) The person has a concentration of eleven-hundredths of one gram or more but less than two hundred thirty-eight-thousandths of one gram by weight of alcohol per one hundred milliliters of the person’s urine.

(f) The person has a concentration of seventeen-hundredths of one per cent or more by weight per unit volume of alcohol in the person’s whole blood.

(g) The person has a concentration of two hundred four-thousandths of one per cent or more by weight per unit volume of alcohol in the person’s blood serum or plasma.

(h) The person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person’s breath.

(i) The person has a concentration of two hundred thirty-eight-thousandths of one gram or more by weight of alcohol per one hundred milliliters of the person’s urine.

And remember, if you or a family member has been arrested for DUI in the Columbus, Ohio Area – Call Suhre & Associates at 614-827-2000. We are available 24-hours a day, 7 days a week. Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and A FORMER PROSECUTOR to work….for you!

Can Refusing The Breath Test Be Used Against You?

by Joe Suhre on April 8, 2013

in Court Procedure,Defenses,DUI Law,Uncategorized

If you refuse the test after a Columbus, Ohio DUI or OVI arrest, can it be used against you?

Yes. The jury will be instructed that they may, but do not have to, consider the fact that you refused the breath test as evidence of guilt.

However, your lawyer may be able to get a sense of which way the jurors are leaning during the jury selection process.  For example, your Columbus, DUI lawyer can ask questions to the perspective jurors about whether they believe someone is “over the legal limit of .08″ just because they refused the breath test.  Other questions regarding the the same situation, but worded differently, can also be explored.

We believe it is best to get the facts of the case out in  the selection process so it doesn’t look as though we are hiding anything.  In addition, your lawyer may be able to get a “read” on some of the jurors based on responses to those questions.

And remember, if you or a family member has been arrested in Columbus, Ohio at 614-827-2000. We are available 24-hours a day, 7 days a week. Because now is the best time to put a team that includes an AWARD WINNING LAW FIRM, AWARD WINNING DUI LAWYER, a FORMER POLICE OFFICER, and a FORMER PROSECUTOR to work… for you!

Facing A DUI And The Administrative License Suspension?

by Joe Suhre on April 2, 2013

in Administrative License Suspension,Driving Privileges,DUI Law,Uncategorized

If you are charged with DUI in Columbus, Ohio,  you might also be suspended even before you go to court. This is an administrative license suspension or “ALS”.

Before going to court is the best time to hire a lawyer. Your lawyer can examine your paperwork for errors and make the best objections possible in court in an effort to get the suspension set aside and get you driving again pending the outcome of your case.

The police officer fills out the BMV 2255, the yellow full size paper you were given with along with the ticket. It says Bureau of Motor Vehicles, Report of Law Enforcement Officer, and Administrative License Suspension at the top.

This is an affidavit that the police use to place you under the ALS suspension and seize your driver’s license. It states that they read you the advice on the back, and that you were asked to take a chemical test by blood, breath, or urine and the results were a test over the legal limit or a refusal of the test.

You cannot demand one test over the other. The police can ask for more than one type of test. You do have the right to have your own independent test done at your own expense upon release.

A suspension on a first offense, test over .08, is 90 days. You can ask for privileges to drive after 15 days.

A suspension on a first offense, test refusal, on a DUI is 1 year. You can request privileges after 30 days for work, school, vocational, and medical needs.

And remember, if you or a family member has been arrested for DUI in the Columbus Area – call SUHRE & ASSOCIATES at 614-827-2000. We are available 24-hours a day, 7 days a week. Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work….for you!

First Appearance!

by Joe Suhre on March 19, 2013

in Court Procedure

You first appearance in a Columbus, Ohio DUI case is called the arraignment. This is where you will enter a plea of guilty, no contest, or not guilty.

The rules also require that you or your Columbus DUI lawyer make any objections that are appropriate. In addition, your DUI lawyer can ask that certain relief be granted.  For example:   motion for release of a vehicle, or a motion to stay or terminate an administrative license suspension. This is why it is the best to hire a DUI / OVI lawyer right away as soon as you are charged.

If you have been locked up, your lawyer can address the issue of bond with the court. This can be anywhere in the range from own recognizance to $100,000 case depending on the severity of the facts alleged against you in the complaint.

Most notably, arraignment is that point at which time starts to count toward the case.  Keep in mind that there are time requirements for both the State and the defense in which motions must be filed and the case tried to a judge or jury.

Time is always important in legal matters. It is very important that you hire a lawyer to defend your Columbus DUI case as soon as possible.

As soon as you retain a lawyer, he or she  can start to review your paperwork relating to your OVI charge. This means that they might be able to waive your presence at the arraignment and reset the case for a pretrial.  The pre-trail is the first opportunity for the assigned prosecutor and your lawyer to speak about the facts of your case.

Remember, if you or a family member has been arrested for DUI in the Columbus Area – call our office for a FREE CONSULTATION at 614-827-2000. We are available 24-hours a day, 7 days a week. Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work….for you!

Breath Test Defenses!

by Joe Suhre on March 5, 2013

in Defenses

If you are arrested for a Columbus, OH DUI / OVI and submit to a breath test – the prosecutor now may have some strong evidence against you. In Ohio, it is illegal to operate a motor vehicle with a breath test that is .08 or greater at the time of operation.

The law provides that as long as the breath sample is taken within three hours of operation, the prosecutor can admit that test result and it can be used without an expert witness to establish the breath test result at the time of operation.

One of the defense available in a Columbus, Ohio OVI case is commonly referred to as reverse extrapolation. This occurs when a breath test taken at the police station, after the operation and the defense argues that the breath test result at the time of operation was below a .08. Or at least there is a reasonable doubt as to whether or not it was a .08 or greater.

This defense is valid and useful, but certain facts must be brought out during the trial before the argument can be made in closing. It may be possible to use the state’s witnesses as experts or it may be necessary to call an expert witness to testify during the defense’s case.

If you or a family member have been arrested for DUI or OVI in the Greater Columbus, Ohio area and need assistance with an upcoming court appearance give us a call at our 24 Hour Emergency Number at 614-827-2000 for affordable and professional help. Because now is the perfect time to put the experience of a former PROSECUTING ATTORNEY and former POLICE OFFICER to work for you.

What Is A Motion To Suppress?

by Joe Suhre on February 20, 2013

in Uncategorized

A motion to suppress evidence will first have to be filed by your Columbus DUI or OVI Lawyer. If you case does not reach a satisfactory plea deal, the motion to suppress is the best way to determine what eveidence will come in at trial. In addition, it is an opportunity to ask the cop questions and “lock” him into his answers without the jury present.

You will have discussed the risk and benefit of testifying before hand with your Columbus, Ohio DUI lawyer. All witnesses who will testify are then sworn in.

You lawyer will have a chance to ask the police officers involved in the case questions about the stop, detention, field tests, arrest, and any chemical tests. The hope is that they will not be able to establish their burden of probable cause to arrest and that some or all of the evidence in your case will be excluded from admission at trial.

Any plea offers on the table before the motion will likely be off the table if you lose the motion in a Columbus OVI / DUI case. However, if you are successful at the DUI or OVI motion, then the state will may make you an offer to enter a plea to a non-OVI /DUI related offense.

The best result is that all the evidence is suppressed; thereby establishing that the State could not establish they had probable cause to arrest you. This means that the prosecutor will likely dismiss the case.

Your lawyer will then discuss with you the merits of the plea and risks of a trial. A lawyer that limits his practice to DUI and OVI defense will be able to best explain what you should do.

And remember, if you or a family member has been arrested for DUI in the Columbus Area – call the office of Suhre & Associates at 614-827-2000. We are available 24-hours a day, 7 days a week. Because now is the best time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work… for you!

← Previous Entries