February 5, 2015 | Court Process, OVI Rights
Springfield resident James Burkitt was recently sentenced to seven years in prison for his most recent OVI conviction. The steep sentence was imposed after it was discovered this most recent OVI conviction was his seventh since 1996 and his tenth since 1988. (In other words, Mr. Burkitt averaged an OVI conviction every 2.6 years for… read more
February 4, 2015 | Motion to Suppress
Any criminal case has important deadlines, and a Dayton OVI case is no different. One important deadline occurs 35 days after arraignment (arraignment is the court hearing at which you enter your plea of guilty or not guilty to the charge). Missing this important deadline robs the driver charged with an OVI of a critical… read more
August 15, 2014 | Checkpoints, Responsible Enjoyment
You want a tough lawyer that can get going on your case. Our criminal defense lawyers enjoy fighting tough cases that we can investigate. Almost every case has something wrong with it. It is usually just a matter of looking close enough at the facts. When we are fighting a case that will not work… read more
July 2, 2014 | DUI Penalties
A DUI will cost you. Initially it costs you your dignity when you are arrested. It can cost you your good name. It will cost you your freedom to drive where and when you want. It will cost you your privilege to drive. It will cost you money in the form of missed time at… read more
April 3, 2014 | DUI Law
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… read more
April 1, 2014 | License Suspension
Who reads anything anyway? 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… read more
March 12, 2014 | Breath Tests
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… read more
January 21, 2014 | SFSTs
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… read more
December 13, 2013 | OVI Suspension
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… read more
November 30, 2013 | License Suspension
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… read more