January 28, 2013 | DUI Sentencing
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… read more
January 18, 2013 | License Suspension
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… read more
January 11, 2013 | OVI Rights
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… read more
November 19, 2012 | DUI Sentencing
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… read more
October 27, 2012 | Breath Tests
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… read more
September 21, 2012 | Breath Tests
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… read more
August 5, 2012 | Breath Tests
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… read more
June 30, 2012 | Breath Tests
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… read more
March 24, 2012 | DUI Law
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)… read more
February 23, 2012 | DUI Law
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… read more