Our Blog

Why You Should Oppose Annie’s Law

Posted on April 3rd, by Rob Healey in DUI Law. No Comments

Up front: This blog is not meant in any way to disrespect the family and friends of Annie Rooney who, in her loving memory, have promoted Annie’s Law with nothing but good intentions and concern for public safety.

That said, here is why it is permissible for you to oppose Annie’s Law, an Ohio Bill that is, as of this writing, still in committee.

#1 – Annie’s Law is just another mandatory sentence.

Annie’s Law would decree a mandatory requirement that 1st-time DUI offenders install an ignition interlock device in their vehicle. A portable Breathalyzer would determine if the driver could start the car and a small camera would verify that the correct person was blowing into the device.

It sounds like a good idea; and sometimes it is, since judges can hand that sentence down now when it is appropriate. Annie’s Law however, … Read More »


Who Reads Anything Anyway

Posted on April 1st, by Rob Healey in License Suspension. No Comments

You should.  Especially where it relates to a letter to drive from court.

That is what you get when a court grants limited driving privileges on a suspension in Dayton, Ohio for DUI, OVI, or other offense.  If you don’t make sure you leave court with proof of what the judge said, you are at risk for being arrested.

The letter to drive will be what an officer asks for when he pulls you over.  Officers will often be able to see the vehicle you are driving was connected to a DUI arrest.

Sometimes the clerk or BMV fail to update the records.  That means that even though the court said you can drive, the police and BMV might not know that.

The paper you are supposed to be given in court by the clerk once you are granted privileges is very important.  That … Read More »


Dayton OVI Lawyer Speaks

Posted on March 12th, by Rob Healey in Breath & Urine Tests. No Comments

I presented at the Annual Ohio Association of Criminal Defense Lawyers Association, or OACDL, Advanced OVI Seminar in Columbus last week. I focused on changes if the Ohio Administrative Code, OAC.
The OAC regulates how blood, breath, and urine testing is to be conducted in cases that are being prosecuted for DUI in Ohio. The vast majority of changes were actually brought about earlier than the scheduled review dates because of litigation challenging the Intoxilizer 8000 breath test machine by DUI attorneys in Ohio.
There was a great group effort by members of the OACDL in challenging the 8000. This resulted in many breath test charges being thrown out by Municipal Courts in Ohio.
I look forward to speaking again and helping other lawyers with their DUI cases. I like to think of it as continuing a tradition of DUI lawyers working together … Read More »


Invalidity Of HGN Eye Test

Posted on January 21st, by Rob Healey in SFSTs. No Comments

I taught a continuing education seminar yesterday at UC Law School.  My focus was on the validity of the Horizontal Gaze Nystagmus test, or HGN.  This is a bouncing of the eye as it gazes to the side.

This the first test done on most DUI suspects in the Dayton Ohio area.  The officer will ask you out of the car and tell you they are going to check your eyes.

They ask if you have contacts or glasses.  They do a medical check by asking about eye problems, trauma, and recent illness.

If you pass they then check your eyes.  The National Highway Traffic Safety Administration or NHTSA publishes a manual on field sobriety testing that shows an officer how to do the test.

The manual also claims that the test is accurate if done properly.  This test requires the officer to move … Read More »


Second Offense Driving Privileges

Posted on December 13th, by Rob Healey in OVI Suspension. No Comments

When you are arrested for DUI in Dayton Ohio and test over the limit or refuse you should be suspended by the BMV.  The officer will give you a copy of the BMV 2255 which puts you on notice of that.

You will have to wait 90 days if you refuse and 45 days if you test over the limit before the court will be able to give you privileges to drive.  Most courts will give you a chance to resolve the case prior to both these dates.

If you have a conviction for OVI in Dayton and have a prior offense in the last 6 years you have to get restricted plates and a breathalyzer in your car to drive.  If you have a prior just outside of 6 years things get more complicated if your case drags on beyond 90 … Read More »


Can You Drive After A DUI Or OVI In Ohio?

Posted on November 30th, by Rob Healey in License Suspension. No Comments

Most often in Dayton, Ohio the answer is yes.  If you are an Ohio license holder and get charged with a DUI or OVI it is best to ask the court to drive in Ohio for work, school, medical, and vocational reasons 15 days after you test over the limit or 30 days after you refuse on a first offense.

If you have an out of state license you can still ask the court to drive in Ohio.  Ohio only has the right to suspend your right to drive in Ohio.

So you can drive outside Ohio if you are otherwise eligible on your out of state license.  If your home state suspends your license, you will be suspended everywhere unless you can get privileges in both Ohio and your home state.

However, a judge does not have to let you drive.  A … Read More »


Ohio Supreme Court To Hear Intoxilyzer 8000 Case

Posted on November 11th, by Rob Healey in Breath & Urine Tests. No Comments

The Ohio Supreme Court accepted a case involving the 8000 breath test machine which is the same used on OVI cases in Dayton, Ohio.  The are reviewing a case that has been used by prosecutors for decades to prevent defense lawyers from challenging the admissibility of breath test machines.

The defense bar hopes that this revisiting of Vega is a sign that the law on Vega will change.  The most cited criticism of Vega is that it was decided when the breath testing machines were only a presumption of impairment.

The law on OVI in Ohio currently means that is you test over the limit you are guilty of a crime.  The case to be heard by the Supreme Court was only accepted on one of three issues. The court accepted “Proposition of Law l(as formulated by Appellant, City of Cincinnati): State v. … Read More »


Miami County Municipal Court DUI

Posted on October 18th, by Rob Healey in Local Courts. No Comments

DUI in Miami County Ohio?  Here is a link to the court website:

http://www.co.miami.oh.us/index.aspx?NID=134

There is parking around the building located at 215 W. Main St., Troy, OH 45373.  The first floor looks like a museum.

You can take the stairs up to the third floor where court is.  There is a bathroom on the second floor.

Your lawyer will meet with the prosecutor in the back for a pretrial before court.  Both judge’s are very reasonable.

Don’t drink and drive in Dayton, Ohio.  If you do get a DUI or OVI in the Miami County Ohio area we can help.


Think You Can Guess Your BAC Before Driving?

Posted on October 7th, by Rob Healey in DUI Gadgets. No Comments

Don’t.  My experience with people that do this is that they usually become clients.

A local DUI lawyer friend of mine in the Cincinnati and Dayton Ohio area, Jeff Meadows, has a solution.  He sells a small straw-like device that he claims can predict whether you are over the limit or not.

If accurate, this device might tell you what your BAC is at the time.  However, your BAC will in all likelihood continue to go up or down over time.

This can mean that while you seem fine when you leave after drinking, you might not be fine when you get pulled over.  It is a good tool to have, but it is even better not to drive after you drink any alcohol.

Read more about the device here: http://www.testorarrest.com/


Best Defense To DUI

Posted on September 30th, by Rob Healey in Responsible Enjoyment. No Comments

The best defense to a Dayton Ohio DUI or OVI is a good offense.  This means minimizing your exposure to risk of being pulled over after drinking.

As we come into the fall and holiday season there is no time better to think about this.  The end of the year is a time to be happy.

The last thing you want is to lose your job because of a DUI.  Keep your job and let’s talk about how to avoid a DUI.

Most people that exercise regularly live healthier lives.  They don’t drink too much because it is empty calories.

They also have to wake up early the next day and exercise.  You can’t do that when your hung over or dehydrated.

Live healthy and avoid a DUI at the same time and you will make it through the holiday season in better shape than … Read More »


Winning Motions Vs. Trials

Posted on September 6th, by Rob Healey in Court Process. No Comments

What does winning a motion on a DUI or OVI case in Dayton, Ohio mean?  Not much maybe.

When you win a motion to say exclude a breath test that is good.  However, the prosecutor has the ability to appeal the trial court’s decision to the court of appeals.

If the court of appeals disagrees with the trial court, they will reverse the holding.  That means that the breath test can come back in as evidence against you at trial.

You have little choice, but to attempt to get rid of the test before trial.  There are some theories that can be employed to attack the weight and credibility of the test to a judge or jury, but it is better if that evidence is not being used against you.

It can take months to years to get a decision in a case like … Read More »


Summer Is Grill Out Weather

Posted on June 6th, by Rob Healey in DUI Law. No Comments

When you grill out most people enjoy a beer with their food.  While this is acceptable behavior, you might get in trouble if you drive home.

You have no way of knowing when you will be over the limit.  If you refuse all the tests you can still be arrested for an OVI in Dayton, Ohio.

Be safe.  Don’t drink and drive.


Safe Enjoyment Of Alcohol Without Driving!

Posted on May 12th, by Rob Healey in Responsible Enjoyment. No Comments

Today I want to talk about my mother’s day weekend and safe alcohol consumption without the need to drive in Dayton Ohio or risk an OVI.  The best way is to barbecue in the comfort of your own backyard!

This eliminates the need to drive after drinking.  Once you master your craft there will be no shortage of friends that will come over for a vist.

More than likely they will also enjoy a drink with you.  Just make sure they have a designated driver or the ability to spend the night at your place before going home.

Have a happy grilling and barbecue season.  If you need some tips check out my favorite site:

http://www.amazingribs.com/


Holiday Weekends Equal More Police

Posted on May 4th, by Rob Healey in Police. No Comments

Police have limited resources and target weekends most likely to produce drunk drivers to scale up their patrols.  This weekend we have the Kentucky Derby on Saturday and Cinco de Mayo on Sunday.

This is the best type of weekend to expect to see more police patrols and more Dayton DUI checkpoints.  Drink safe.

Avoid drinking and driving to avoid a Dayton Ohio OVI or DUI.  You should also make sure your designated driver does not drink and leave you with the bad choice of trying to “make it home.”

Responsibility is not getting home without crashing.  It is making sure you have a sober way to get home without risking a DUI.


Kevin Hart DUI

Posted on April 27th, by Rob Healey in DUI Law. No Comments

http://abcnews.go.com/m/blogEntry?id=18958859

In this article, ABC published that Kevin Hart got a DUI.  cal said this is a wake up call for him.

They say this is a first offense for him.  In Dayton Ohio a DUI first offense carries a minimum 3 days in jail, $375 fine, 6 points on your license, and 6 month suspension.

 

 


DUI Iphone Case?

Posted on April 24th, by Rob Healey in DUI Gadgets. No Comments

The http://intoxicase.com/intoxicase-plus-five.html for Iphone is here.  This is the best case ever and it is amazing.

This case for your Iphone can open a beer.  It can also give your BAC and call you a cab if you have had too much to drink.

Don’t drink and drive.  If you have questions about DUI in Dayton or anywhere in Ohio, call Suhre and Assoc., LLC at 877-391-5297.


Miamisburg DUI

Posted on April 15th, by Rob Healey in Local Courts. No Comments

Wondering what will happen if you are charged with a DUI or OVI in Miamisburg?  Call Suhre and Associates for advice right away.

First you are charged with the offense in a ticket.  The ticket will give you the date and time to appear.

A lawyer can be hired at our firm to waive your presence.  We can then reset the case for a pretrial.

At the pretrial we will talk to the prosecutor and judge about possible resolutions.  We can also address driving privileges and review the police report.

Call Suhre and Associates (937) 531-0435.  We can help.


Do You Need A Lawyer For A Fairborn DUI?

Posted on March 30th, by Rob Healey in General DUI Q & A. No Comments

If you have a DUI or OVI charge in Fairborn you will want to hire a lawyer.  A lawyer can help you with negotiating a reduction of the charge.

If you are not eligible for a reduction a lawyer can fight the case.  Sometimes fighting can reveal defects in the prosecutor’s case that can develop into an offer to reduce the charge.

If you have a DUI or OVI in Fairborn call Suhre & Associates, LLC and our experienced Dayton DUI and OVI lawyers will put the top defenses to work that best help your case.

(937) 531-0435  Call Us.


Kettering OVI Process

Posted on February 11th, by Rob Healey in Court Process. No Comments

So you have been charged with an OVI or more commonly referred to as a DUI in Kettering, OH and want to know what will happen?  The lawyers at our firm can help set your mind at ease.

When you hire one of our Kettering, Ohio DUI attorney’s we will notify the court.  Most times you will not have to appear at the first court date listed on your ticket.

This is true even where your ticket says a mandatory appearance is required.  We can waive your right to appear.

An OVI in Kettering will likely come with a pretrial BMV administrative suspension.  We can assist you in filing an application for driving privileges.

Most times the judge will want to have a pretrial before granting privileges, even for work.  Our Kettering Ohio DUI lawyers will schedule the pretrial as soon as possible to talk to the … Read More »


What Happens When You Violate Probation For OVI?

Posted on January 28th, by Rob Healey in DUI Sentencing. No Comments

The probation officer will decide whether he or she wants to violate you.  They will likely call you to set up a time to meet.

When you first meet with probation they will review the sentence with you.  They will also have you sign a form showing that you have been put on notice of the rules of probation.

Failure to comply with the rules is a violation.  You have have a hearing within about a week of the violation.

Often, most probation officers will not violate you for one offense.  Most will cite to several violations at once.

At the court date you will be asked whether you admit or deny the allegations.  If you deny them, the court will have a brief hearing where the probation officer will testify about the facts of the violations of your OVI in Dayton, Ohio.

The judge … Read More »


Arrested For DUI And Need To Drive?

Posted on January 18th, by Rob Healey in License Suspension. No Comments

Do you want to know how to drive after your DUI or OVI arrest in Dayton, Ohio?  You should hire a lawyer that will help you.

The best thing to do is file a motion requesting driving privileges.  The judge will likely grant this request on a first offense low-tier test without restrictions.

The court has the option to restrict your privileges by making you obtain restricted orange license plates or by putting a breathalyzer device in your car.

The court also has to wait until the hard suspension time has passed before you can drive.  On a first offense the law currently requires you to wait 15 days for a test over the limit and 30 days if you refuse the test.

Call a Dayton DUI Lawyer at Suhre & Associates if you have been arrested for OVI or DUI in the Dayton … Read More »


Can You Appeal A DUI or OVI

Posted on January 11th, by Rob Healey in OVI Rights. No Comments

When can a DUI or OVI be appealed in Dayton, Ohio?  It depends.

If the court throws out a breath test the prosecutor can appeal right away if they allege that their case has been damaged so much that they cannot go forward and the appeal if not being made to delay the proceedings.

If the court does not throw out a breath test or field test, the defendant has to wait until she is found guilty before an appeal can be filed.

Call the Dayton DUI Attorney Team at Suhre & Associates if you have been arrested for OVI or DUI in the Dayton area – including: Montgomery, Greene, Miami, Darke, Clark, Clinton, Allen, Ross, or Champaign counties; or, in the following cities: Riverside, Oh., Kettering, Oh., West Carrollton, Oh., Huber Heights, Oh., Trotwood, Oh., Beavercreek, Oh., Vandalia, Oh., Oakwood, Oh, Centerville, … Read More »


Will I Go To Jail For A Dayton DUI Or OVI?

Posted on November 19th, by Rob Healey in DUI Sentencing. No Comments

Every DUI or OVI in Ohio carries mandatory jail time.  The misdemeanor range varies from 3-60 days minimum depending on test results and prior convictions.

This means that the judge has to make you serve at least those minimum days in jail if convicted.  In certain cases a Dayton DUI Attorney can convince the prosecutor and judge to allow you to serve part of that time in a diversion program, give you credit for in-patient treatment, or credit you for time on house arrest.

The DUI and OVI defense lawyers at Suhre & Assoc., will show you the best ways to maximize your chances at avoiding jail.  We will also share with you tips on the right things to say to a judge to pursue a minimum sentence if you are found guilty.

Call Robert Healey, the managing Dayton OVI attorney at Suhre & … Read More »


Best Intoxilyzer 8000 Defenses Part 4

Posted on October 27th, by Rob Healey in Breath & Urine Tests. No Comments

The fourth way to defend against the new Intoxilyzer 8000 in Dayton, Ohio is time.  The prosecutor is having difficulty bringing Ohio Department of Health (ODH) representatives to court.

The reps are needed because the machines belong to the ODH.   They also calibrate and maintain the machines.

They are needed to testify about placing the machine in service, checking the calibration, and maintain the test results and repair records for three years.

The old machines were owned by the police departments and had senior officers that kept the records and did the calibration checks onsite.  It was never a problem to get these officers in court with the records.

The new model is defective because the tests are now being challenged in every county in Ohio.  With over 400 machines in service, and over 23,000 DUI / OVI arrest in Ohio by the … Read More »


Best Intoxilyzer 8000 Defenses Part 3

Posted on September 21st, by Rob Healey in Breath & Urine Tests. No Comments

The regulations are poorly written where they say an officer that was issued a “permit” to operate the old breath testing devices can only use those breath test devices that they have been issued a “permit” for.  This is a problem because the new machine requires an “access card.”

There is also another argument that the Department of Health in Ohio failed to draft adequate regulations to comply with their duty to ensure the breath test operators of the 8000 machine have adequate qualifications.

There are regulations for qualifications to run a lab to test blood and urine.  There are extensive regulations that operators of the old breath test machines (5000 series and Datamaster).  These old machines required that you have an operator “permit” or senior operator “permit.”

The new machine just requires that you apply on a form prescribed by the director … Read More »


Best Intoxilyzer 8000 Defenses Part 2

Posted on August 5th, by Rob Healey in Breath & Urine Tests. No Comments

The Ohio Department of Health (ODH) cannot prove in court that they maintain 3 years of records on the Intoxilyzer 8000 and 3 years of subject test results.   The ODH manipulated the storage and public display of evidence on the website in ongoing criminal cases.

They claim this was done to avoid confusion, but some judges agree with the defense that it only caused more confusion.  They didn’t even keep a copy to produce to defendants if ordered to by the judge, and that’s where the problem is.

They are subsequently unable to produce 3 years of records of data that was reported from the machine like: breath volume, sample attempts, breath duration, tank pressure, atmospheric pressure, etc.  These were all things OVI lawyers in Ohio were using to defend DUI cases.

Judge’s are using errors in the machine that go unexplained by … Read More »


Best Intoxilyzer 8000 Defenses Part 1

Posted on June 30th, by Rob Healey in Breath & Urine Tests. No Comments

The new breath testing machine in Ohio is being routinely thrown out of court in DUI and OVI cases all over Ohio.  The problem is mainly that the machine is not operating in compliance with the Ohio Administrative Code (OAC) that regulates drug an alcohol testing.

The best defenses to the Intoxilyzer 8000, Ohio’s new breath testing machine, are also the biggest problems for the prosecutor.  The problems are legion.

NO DRY GAS BETWEEN SUBJECT TEST 1 AND SUBJECT TEST 2

There is a tank of gas with a known alcohol level hooked up to the machine that is used for self-calibration while the test is being performed on a suspect.  Failure of the dry gas calibration will abort the test.

The OAC requires that the machine perform a dry gas control before and after each subject test.  The machine was designed to perform … Read More »


What Is Under The Influence?

Posted on March 24th, by Rob Healey in DUI Law. No Comments

In an Ohio OVI case the jury will hear instructions on the case.  Here is the jury instruction in an OVI case where the allegation is operating under the influence:

UNDER THE INFLUENCE. A person is under the influence of (alcohol) (a drug of abuse) (a combination of alcohol and a drug of abuse) when he consumes (alcohol) (a drug of abuse) (a combination of alcohol and a drug of abuse) in such a quantity, whether small or great, that it adversely affects and appreciably impairs his action, reactions, conduct, movements or mental processes so as to deprive him of that clearness of mind and control of himself which he would otherwise have possessed, and it impairs to any appreciable degree his ability to operate a (vehicle) (streetcar) (trackless trolley).

The question is not how much (alcohol) (a drug of abuse) (a combination of alcohol … Read More »


DUI Laws

Posted on February 23rd, by Rob Healey in DUI Law. No Comments

DUI laws in Dayton, Ohio are strict under O.R.C. 4511.19.  If convicted on a first offense you are facing mandatory jail, fines, license suspension, six points on your license, and it can never be expunged.

You will need a DUI lawyer to help you find and exploit defects in the prosecutor case.  The remedy courts use for most mistakes the police make is suppression of that evidence.

Suppression of evidence takes a skilled lawyer in the field of DUI law in Dayton, Ohio.  It also takes knowledge of how best to convince the judge that the mistake warrants the exclusion of that evidence.

If your lawyer can take away most of the prosecutor’s evidence, you will likely be able to maintain your innocence at trial or be offered a plea deal to a non-DUI offense structured in a way you cannot refuse.  A … Read More »


Intoxilyzer 8000 Problems

Posted on February 3rd, by Rob Healey in Breath & Urine Tests, DUI Law. No Comments

Charged with DUI or OVI in Dayton Ohio?  Did you take a test on the new Intoxilyzer 8000?  We can help.

The Intoxilyzer 8000 has been in service in Ohio since 2009.  It has come under some heavy fire from defense lawyers across Ohio.

Some courts are suppressing test results because of machines going haywire, etc.  Recent court opinions have found the 8000 unreliable where:

•              Machines need up to 15+ breath samples to get a result.

•              The machine is not in compliance with the Ohio Dept. of Health (ODH) Regulations that are a threshold requirement before it can be considered for evidence at trial.

•              The science behind the machine cannot be proven to pass admissibility requirements.

•              The Intoxilyzer 8000 is not accurate and not a reliable piece of equipment for measuring breath for blood alcohol content.

•              The state is unable to obtain … Read More »


Preserve Your Innocence

Posted on January 9th, by Rob Healey in OVI Rights, SFSTs. No Comments

Dayton DUI and OVI Defense Lawyers at Suhre & Associates will consult with you to determine the best ways to protect your innocence.  We look to see if you can be found not guilty before we consider a plea.

Our OVI attorneys in Dayton will be able to show you how the police made mistakes in your case.  Most members of our firms are certified to administer the Nation Highway Traffic Safety Administration (NHTSA) Standardized Field Sobriety Tests (SFSTs).

We look to see if we can win your DUI once you get out of the car.  This is where the police most often make mistakes.

If the police make mistakes in their instruction, demonstration, or observation during SFSTs, we can have the officer’s observations suppressed or excluded from being introduced as evidence against you at trial.

Evidence in any criminal case is the cards … Read More »


Is Your Blood Test Valid?

Posted on December 5th, by Rob Healey in DUI Law. No Comments

The court of appeals for the second district in Montgomery County, Ohio, recently decided a new Huber Heights OVI case in State v. Rawnsley, 2011-Ohio-5696.

The defendant was charged with OVI / DUI (which is the same thing) and aggravated vehicular assault in Huber Heights, Ohio, near Dayton in Montgomery County.  The OVI lawyer objected to the blood test.

The trial court granted the motion to suppress the results testing the defendant’s blood alcohol content or BAC filed by the defendant’s OVI lawyer in Dayton, Ohio.  The prosecutor appealed the decision.

The court of appeals affirmed the trial court’s decision granting suppression of the evidence.  They used the arguments below to justify the decision in this OVI case in Dayton, Ohio.

The court of appeals decided that consent for the blood draw was not made knowingly and intelligently since the defendant was improperly told she was … Read More »


Pulled Over For OVI, Now What?

Posted on November 24th, by Rob Healey in Breath & Urine Tests, DUI Law, OVI Rights. No Comments

Charged with an OVI or DUI in Dayton Ohio?  Call one of our DUI / OVI lawyers right now at 937-531-0435.  We have decades of combined experience that can help defend you immediately.

Check out this article and video posted by the Ohio State Highway Patrol to raise awareness of the dangers of OVI in for the holidays:

http://statepatrol.ohio.gov/media/2011/11-218.html

It is best to be safe this holiday season.  Remember there is no legal amount of alcohol or drugs to have in your system to avoid an OVI charge in Dayton, Ohio.

However, if you are pulled over and investigated for OVI it is best to know what to do and what not to do.  Say and do to much and you will be charged with OVI for sure and the more difficult it will be to defend the charge.

Say and do the wrong thing … Read More »


Are You Suspended After A Urine Test?

You will not be suspended right away if you take a urine test after being arrested for an OVI in Dayton, Ohio.  To be suspended you will have to refuse or test over the limit.

The police will not know whether you are over the limit right away based on a urine test because it will have to go to a lab for analysis.  It takes about 60-90 days to get a final result back from the lab.

The police in Dayton will take your driver’s license if you have been arrested for OVI.  They should transmit it to the court along with a copy of the administrative license suspension or ALS where its disposition should be determined by the Judge or magistrate at the arraignment.

More common is that the police in Dayton will send your license to the BMV along with … Read More »


What Is A Pretrial?

Posted on November 9th, by Rob Healey in Court Process, Plea Negotiaions. No Comments

If you hire a lawyer for your DUI or OVI in Dayton, Ohio, you will have a pretrial.  A pretrial is your lawyers first chance to have a meaningful meeting with the prosecutor and sometimes the judge about an OVI.

This is informal.  There are sometimes officers present, but they will not be called to give any testimony on the record.

Your OVI lawyer in Dayton will likely be looking at most of the evidence about your DUI for the first time.  This means that he will not likely have any real facts about the allegation to discuss with you before then.

It is very helpful and often mandatory that the person charged with a DUI or OVI in Dayton be present in court for the pretrial.  The main reason for this is that your case might resolve itself.

There is no chance to complete the case if … Read More »


Want To Be Found Not Guilty Of DUI?

Posted on October 14th, by Rob Healey in DUI Law, DUI Sentencing, General DUI Q & A. No Comments

The best way to be found not guilty of an OVI is to fight the case.  The best way to fight an OVI is to hire an attorney that limits his practice to that area in Dayton, Ohio.

You will need an OVI attorney that has enough training and experience to know when to fight.  Not all cases should be fought.

A great lawyer will continently evaluate the case and give you updated advice about your chances of success.  No lawyer can tell you before a case begins whether you can win or not.  A full evaluation of the facts needs to be completed first.

Any OVI attorney with some experience fighting cases at hearings, motions, and trials will tell you that there is no predicting from the facts, reports, and videos what a police officer or witness will say on the stand … Read More »


Letter From The Ohio BMV

Have you been charged with a Dayton OVI or DUI?  If so, you will receive a letter from the BMV and will need to know what to do.

This is called an Administrative License Suspension or ALS.  This is a BMV suspension you received from the police after being arrested for OVI or what is more commonly called a DUI in Ohio, and testing over the limit or refusing the test.

On a first offense in six years, a test over is a 90 day suspension and 1 year suspension for a refusal.  You will not receice the letter if your address with the BMV is not current.  Make sure that it is.

The notice of ALS suspension will will require you to send proof of insurance and pay a reinstatement fee.

The best thing with this BMV ALS related to your Dayton OVI is … Read More »


How To Get The Best OVI Deals

Posted on September 20th, by Rob Healey in Plea Negotiaions. No Comments

The best results on a Dayton OVI are obtained when an experienced lawyer fights your case.  This is because the normal guiding principals of the prosecutor no longer apply.

I have mentioned this in consultations with new client’s for years.  It does not matter what you did, it only matters what the prosecutor can prove.

The prosecutor is not going to take time to give the facts of your cases an honest appraisal until the day of the hearing or trial.  Not to mention the fact that the prosecutor will have a tough time if some or all of their witnesses are a no show.

This is even more true when one or more witnesses are non-police officers.  I have even had a judge pull myself and the prosecutor into chambers after an hour and a half of opening questions from me to … Read More »


Boating OVI In Dayton

Posted on August 14th, by Rob Healey in DUI Penalties. No Comments

If you plan to go out on the water this summer be aware of the risks of a boating OVI in Dayton, Ohio.  The legal limit is .08.  However, you can also be charged and convicted even if you refuse the test.  If convicted, you will be sentenced to 3-180 days in jail and from $150-$1000 in fines.

There is no effect on your driver’s license since you are not in a car.  There are no points and no report to the BMV or to your driving record.  It is a criminal offense, not a traffic offense.  There is no BMV suspension of your right to drive a car.

It can be used to enhance a future OVI in the Dayton area.  This means that if you are convicted of another OVI in Dayton in the next 20 years the judge will … Read More »


Experienced Dayton OVI Lawyers

Posted on July 6th, by Rob Healey in General DUI Q & A. No Comments

Suhre & Associates has three lawyers licensed in Ohio that can work on your OVI 4511.19 case in in the greater Dayton area.  Together we have almost 20 years of the best experience available.

One of our attorneys is a former police officer and another is a former prosecutor.  This gives us a unique ability to take apart the state’s case and throughly examine it for defects.

These defects can be exploited to your benefit.  There is no OVI situation our team has not experienced.

Put that experience to work on your OVI case now.  Our attorneys are waiting to help you.

And remember, if you or a family member has been arrested for DUI / OVI in the Dayton area – including: Montgomery, Greene, Miami, Darke, Clark, or Champaign counties; or, in the following cities: Riverside, Oh., Kettering, Oh., West Carrollton, Oh., Huber … Read More »


Even Small Victories In DUI Cases Can Yield The Best Results

Posted on June 14th, by Rob Healey in DUI Law, DUI Penalties, DUI Sentencing, Vehicle Forfeiture. No Comments

I had a big victory on a small part of a case today involving a DUI in Fairfield Municipal Court in Butler County, Ohio.  The Case involved a third offense in 6 years DUI / OVI and a Driving Under OVI Suspension.

As a lawyer I am always trying to find the best defenses to my clients’ DUI charges.  The fight involved 60 days in ail and up to 1.5 years in jail.

Also at stake was my client’s car.  If found guilty his car was subject to mandatory forfeiture.

My client entered a plea on the case and was sentenced after I read my mitigation to a minimum 60 days in jail, a really good result for him.  However, my preparation of the case discovered a defect in the vehicle forfeiture.

A motion in opposition to the mandatory vehicle forfeiture was filed on … Read More »


Dayton DUI / OVI Attorney

Posted on April 22nd, by Rob Healey in General DUI Q & A. No Comments

My name is Robert Healey and I am a lawyer that limits his practice to DUI and OVI defense in southwest Ohio.  Ohio’s DUI law is codified in O.R.C. section 4511.19.  Currently, I manage the DUI office in Dayton, Ohio, where I attended law school.  This blog is written by me to help potential clients in the Dayton area that have been charged with a OVI.

Wondering if you need an attorney for your DUI or OVI in Dayton, Ohio?  You do.  If you are charged in cities of Dayton, OH, Kettering, OH, or Fairborn, OH you will need an attorney familiar with the court and Ohio’s DUI and OVI statute 4511.19.

The lawyers at Suhre & Associates have practiced DUI and OVI defense in these courts.  We know the best defenses to OVI 4511.19.  Not only have we practiced in these … Read More »


Dayton Ohio DUI & OVI Defenses to O.R.C. 4511.19

Posted on April 4th, by Rob Healey in Administrative License Suspension, DUI Law, License Suspension. No Comments

My name is Robert Healey and I am a lawyer that limits his practice to DUI or OVI defense in southwest Ohio.  Ohio’s DUI law is codified in O.R.C. section 4511.19.  Currently, I manage the DUI office in Dayton, Ohio, where I attended law school.  This blog is written by me to help potential clients in the Dayton area that have been charged with a DUI.

Ohio’s DUI statute is 4511.19.  This is from the Ohio Revised Code, or O.R.C.

The best way to avoid a conviction for DUI is to avoid drinking alcohol or consuming drugs, and driving.  However, if you are cited for this offense the next option is negotiation.

Negotiation of a DUI offense in Dayton, Ohio, is where your lawyer will ask the prosecutor to amend the charge from a DUI or OVI to physical control or reckless operation.

This … Read More »


Wonder Why You Were Charged With DUI / OVI In Violation Of Ohio Rev. Code 4511.19 When You Tested Under The Limit Or Refused?

Posted on March 19th, by Rob Healey in DUI Law, General DUI Q & A. No Comments

My name is Robert Healey and I am a lawyer that limits his practice to OVI defense in southwest Ohio. Currently I manage the DUI office in Dayton, Ohio, where I attended law school. This blog is written by me to help potential clients in the Dayton area that have been charged with an OVI.

The DUI / OVI statute in Dayton, Ohio is 4511.19. It is titled “Operating a vehicle under the influence of alcohol or drugs.”

In its simplest form the (A)(1) section says, “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.” -O.R.C. 4511.19.

The remaining parts of the statute detail other prohibited concentrations of drugs … Read More »


Unique Solution Avoids Massive Penalties For Out Of State License Holder Accused Of DUI In Dayton Ohio

This blog is authored by Robert Healey, a Lawyer that limits his practice to DUI & OVI defense in southwest Ohio.  He is an associate at Suhre & Associates, LLC, and currently manages the DUI Office in Dayton, Ohio, where he attended law school.

Suhre & Associates, LLC obtained another great result for a client charged with a DUI in Dayton, Ohio.  After having trouble resolving her DUI case she finally called us to ask for the best way to resolve her case.

 She hired two other lawyers that were not able to explain to her the options available to her.  It turns out that after several phone calls, her lawyer Robert Healey was able to find the nature of the problem.

 Her hesitation about the plea offer from the prosecutor actually had nothing to do with the penalties in Ohio.  She was worried about an out of state … Read More »


Did The Police Read You Your Rights?

Posted on January 27th, by Rob Healey in DUI Law, OVI Rights. No Comments

My name is Robert Healey and I am a lawyer that limits his practice to OVI defense in southwest Ohio.  Currently I manage the DUI office in Dayton, Ohio, where I attended law school.  This blog is written by me to help potential clients in the Dayton area that have been charged with an OVI.

In 1966 the Supreme Court decided a case called Miranda v. Arizona. This was the case that established that the police have to read you your rights before interrogating you while in custody.

It was thought at the time that this would remedy the fear that the police can be so coercive in asking you questions while in custody that it would prohibit a defendant from exercising their rights to counsel and to remain silent.

More criminal cases are lost before they begin because of a defendant’s statements … Read More »


Top OVI Defenses

Posted on January 17th, by Rob Healey in Administrative License Suspension, DUI Law, OVI Rights. No Comments

My name is Robert Healey and I am a lawyer that limits his practice to OVI defense in southwest Ohio.  Currently I manage the DUI office in Dayton, Ohio, where I attended law school.  This blog is written by me to help potential clients in the Dayton area that have been charged with an OVI.

The top ways to defend a DUI or OVI case in Dayton Ohio involve taking evidence away from the prosecutor.  A lawyer can challenge the admissibility of evidence before trial.

If the prosecutor can’t prove the elements of the case, he can’t prove the crime.  That means not guilty.

Your lawyer will evaluate the facts of your case for defects in the evidence.  This is possible because police are people and they make mistakes.

The more mistakes they make and the sooner they make them the better.  Areas that … Read More »


The Police Didn’t Read Me My Rights!

Posted on January 10th, by Rob Healey in DUI Law, General DUI Q & A, OVI Rights. 1 Comment

My name is Robert Healey and I am a lawyer that limits his practice to OVI defense in southwest Ohio.  Currently I manage the DUI office in Dayton, Ohio, where I attended law school.  This blog is written by me to help potential clients in the Dayton area that have been charged with an OVI.

So you were arrested for DUI and the police failed to read you your rights.  You want to know if this is a defense that can help you avoid a conviction for DUI.

The answer is it depends.  Your lawyer will need to examine what you said and when.

Miranda warnings are not required to be used at all.  They merely ensure that when a suspect is in custody and being interrogated that they are given the warnings.  

Failure to give the warnings will cause the statements to … Read More »


Do Not Just Pay That Marijuana Ticket!

Posted on January 5th, by Rob Healey in DUI Law, General DUI Q & A, License Suspension. No Comments

My name is Robert Healey and I am a lawyer that limits his practice to OVI defense in southwest Ohio.  Currently I manage the DUI office in Dayton, Ohio, where I attended law school.  I write this blog to better inform people in the Dayton area that have been charged with an OVI.

Sometimes people are charged with possession of marijuana along with a DUI.  If the marijuana ticket does not require a mandatory court appearance and only requires that you pay a fine, it is best to wait until your lawyer tells you want to do before paying the ticket.  

This is important because the possession of marijuana even as a minor misdemeanor can cause a suspension of your driver’s license as a drug of abuse suspension.  A drug charge can often be reduced or dismissed as part of the overall … Read More »


Blood Test Defenses For Dayton DUI/OVI

My name is Robert Healey and I am a lawyer that limits his practice to OVI defense in southwest Ohio.  Currently I manage the DUI office in Dayton, Ohio, where I attended law school.  This blog is written by me to help potential clients in the Dayton area that have been charged with an OVI.

If you submitted to a blood test at the hospital the police should not have suspended you.  They can only suspend you when you refuse or you test over the limit.

Blood test results are generally thought of as the most reliable and best test for alcohol in the system.  However, since they are most often submitted to a state approved lab the results take time to get back.  

The most common state approved labs for evidence testing for alcohol are the county coroner’s lab.  Most county … Read More »


First Offense OVI Suspension

My name is Robert Healey and I am a lawyer that limits his practice to OVI defense in southwest Ohio.  Currently I manage the DUI office in Dayton, Ohio, where I attended law school.  This blog is written by me to help potential clients in the Dayton area that have been charged with an OVI.

A DUI suspension is between six months and three years on a first offense.  This is determined by the judge’s discretion.

 The best way to determine the probable length of your suspension is to ask a lawyer that is familiar with your judge.  One common factor is the severity of the reason you were pulled over.

 For instance, an auto accident where someone is hurt or property is damaged will likely cause a higher suspension.  Compare that to a person that is pulled over for a license plate … Read More »


Field Sobriety Test Criteria

Posted on December 13th, by Rob Healey in DUI Law, General DUI Q & A. No Comments

This blog is authored by Robert Healey, a lawyer that limits his practice to DUI & OVI defense in southwest Ohio.  He is an associate at Suhre & Associates, LLC, and currently manages the DUI office in Dayton, Ohio, where he attended law school.

When the police pulled you over they were not just looking to give you a traffic ticket.  They also look to see if you are committing any other crimes.

In the case of a DUI they examine your eyes, speech, breath, mental condition, and movement.  They will also ask you to admit drinking alcohol or taking drugs.

IF they think they have enough reasonable suspicion that a crime is being committed they will ask you to exit the car to take field sobriety tests.  The best way to see if they instruct them properly is to consult the National … Read More »


Best Ways To Avoid A Dayton OVI Conviction

Posted on December 2nd, by Rob Healey in DUI Law, DUI Penalties, DUI Sentencing, General DUI Q & A. No Comments

This blog is authored by Robert Healey, a Lawyer that limits his practice to DUI & OVI defense in southwest Ohio.  He is an associate at Suhre & Associates, LLC, and currently manages the DUI Office in Dayton, Ohio, where he attended law school.

The best way to find legal defenses for a DUI or OVI charge in Dayton, Ohio, is to start looking for a lawyer that knows the law.  A lawyer in Ohio that limits his practice to a large extent to DUI defense will be able to tell you the penalties as they relate to your ticket.

This can vary greatly based on the number of prior offenses.  It will also depend on whether you took a test or refused.

There are also aggravating factors like a high-tier amount of alcohol in your body, an auto accident, fighting or being disrespectful to … Read More »


Getting Your License Back

Posted on November 24th, by Rob Healey in Administrative License Suspension, DUI Penalties, DUI Sentencing. 1 Comment

My name is Robert Healey and I am a lawyer that limits his practice to OVI defense in southwest Ohio.  Currently I manage the DUI office in Dayton, Ohio, where I attended law school.  This blog is written by me to help potential clients in the Dayton area that have been charged with an OVI.

If you are cited for OVI you likely were placed under an administrative license suspension, or ALS.  The best case is that you were not given an ALS, but you can also receive a suspension for public safety reasons at your initial appearance.

You can also be suspended upon conviction for OVI or a local ordinance that is similar to the Ohio Revised Code, or O.R.C., OVI section 4511.19.  If you are suspended you will need to reinstate your license, on a first offense, sometime between six … Read More »


Dayton OVI Refusal

Posted on November 19th, by Rob Healey in DUI Law, General DUI Q & A. No Comments

This Blog is authored by Robert Healey, a Lawyer that limits his practice to DUI & OVI defense in Southwest Ohio.  He is an associate at Suhre & Associates, LLC, and currently manages the DUI Office in Dayton, Ohio, where he attended law school.

So you made the best choice for non-CDL license holders.  You refused the breath test in Dayton, Ohio.

This means that your OVI charge is limited to an alleged violation of 4511.19 of the ORC.  The Prosecutor will have to prove that you were appreciably impaired since there is no test showing your alcohol level.

A breath test over the limit that is admissible at trial will presume you are guilty of DUI.  Here we are left with the officer’s training observations and experience. 

He cannot just testify that he thinks that you are drunk.  He has to be able to reasonably … Read More »


Need A Dayton DUI Or OVI Lawyer?

Posted on November 16th, by Rob Healey in DUI Law. No Comments

This Blog is authored by Robert Healey, a Lawyer that limits his practice to DUI & OVI defense in Southwest Ohio.  He is an associate at Suhre & Associates, LLC, and currently manages the DUI Office in Dayton, Ohio, where he attended law school.

Do you have a Greene County or Montgomery County DUI near  Dayton, Ohio?  The Attorneys at Suhre & Associates can help.

The Police most likely asked you to take the Breath Test and you have questions.  Or maybe you were asked for Blood or Urine when charged with ORC 4511.19, the OVI section.

You can also have refused the tests altogether.  No matter what happened, we can help pick the best way to defend your DUI case.

The Attorneys at Suhre & Associates can help.  You may also have questions about what the best course of action is to defend a DUI case … Read More »



DUI Case
A Relieved Client
"I went to court thinking I would just get driving privileges and still be under suspension for some time. Rob was able to get the entire ALS suspension waived and most of the court fees waived as well. Was placed under 6 months probation, couldnt have asked for a better outcome. Rob did a phenomenal job. He is very knowledgeable and accessible, and I would recommend him to anyone."
DUI Case
A Grateful Client
“Rob is very knowledgeable in his area. His expertise and advice were unsurpassed. I not only had extreme confidence in Rob's ability but was able to put my mind at ease while we went through this process. Rob was able to work with the prosecuting attorney and then get agreement from the Judge to dismiss several charges and plead to a 1st DUI. I cannot express the gratitude I have for Rob. I realize that he is being paid for his service, but his attitude is like none I’ve experienced when dealing with an attorney for this type of matter. He was not judgmental but caring.”
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