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 license revocation and suspension.
Her home state was going to revoke her license for one year and then suspend her for another year. She would only be allwoed to drive with ignition interlock on her car. This was a very harsh sentence compared with the expected minimum sentence on her first offense DUI in Dayton, Ohio.
Once I was aware of the problem, I was able to craft a unique solution for her DUI case so we could enter into the plea that she wanted to take. This dealt with the fact that her 90-day ALS suspension was up and she was eligible for reinstatement from her DUI in Dayton Ohio.
She had lived here more than 60 days and had a local Dayton address. The best thing that I could think to do was to have her declare herself a resident of Dayton, Ohio. Then she could validly apply for an Ohio license before entering the plea.
This would cancel her out of state license and remove the out of state penalties from the equation. Thus, she was able to happily enter the plea to a first offense DUI in Dayton, Ohio.
This only works in a very small amount of cases where the person has lived in Ohio for the last few months, intends to declare residency here, and has a physical address that they can prove. They will also have to possess an otherwise valid license before applying for an Ohio license.