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Arrested for Driving Under OVI Suspension in Ohio?

| Read Time: 4 minutes

Your Driving Under Suspension in Ohio Questions Answered In Ohio, OVI means operating a vehicle impaired. It falls under the same umbrella of charges as a DUI (driving under the influence) but applies to both motorized and non-motorized vehicles. In Ohio, you commit driving under OVI suspension when you operate a vehicle with a driver license that was suspended because of an OVI charge. The crime of driving under OVI suspension is generally a first-degree misdemeanor. Its penalties vary depending on the number of OVI suspension offenses you’ve had. If you have been arrested for driving under OVI suspension in Ohio, you should contact an OVI defense attorney today. What Is the Penalty for Driving with a Suspended License in Ohio? In Ohio, driving under suspension is typically a first-degree misdemeanor offense that carries up to six months in jail. You also face up to $1,000 in fines. The court may also: Impound your license plates, Immobilize your vehicle, or Order you to perform community service. If you are convicted a third time for DUS, you face criminal forfeiture of your vehicle. Finally, you will face an extension of your license suspension of up to one year. When you do get your license back, you must pay reinstatement and service fees. You may also have to take a driving course and a written test to get your license back. Repeat DUS offenses could subject you to having your driver license revoked permanently. DRIVING UNDER OVI SUSPENSION OHIO FAQ What Happens After Each Offense? The penalties for driving under OVI suspension become more severe with the more offenses you have. DRIVING UNDER OVI SUSPENSION OHIO FAQ First Offense Your first arrest for driving under OVI suspension is a first-degree misdemeanor. It carries a mandatory jail term of three consecutive days or 30 consecutive days of house arrest. It also carries a $250 to $1,000 fine and up to a one-year suspension of your license. Furthermore, if the vehicle you were operating is registered in your name, the State will impound both the vehicle and your license plates for up to 30 days. DRIVING UNDER OVI SUSPENSION OHIO FAQ Second Offense Your second arrest for driving under OVI suspension within six years of your first offense is still a first-degree misdemeanor. It carries a jail term of at least 10 consecutive days to one year or house monitoring of at least 90 days to one year. It also carries a $500 to $2,500 fine and up to a one-year suspension of your license. Additionally, the State will impound both the vehicle and your license plates for up to 60 days if the vehicle is registered in your name. DRIVING UNDER OVI SUSPENSION OHIO FAQ Third Offense Your third offense of driving under OVI suspension within six years of your first offense is an unclassified misdemeanor. It carries a jail term of at least 30 consecutive days to one year. It also carries a $500 to $2,500 fine and a license suspension of up to one year. Unlike your first or second offense, you lose the vehicle you were operating to the State if it is registered in your name. An Ohio OVI attorney can help you understand how these penalties might apply to your case. DRIVING UNDER OVI SUSPENSION OHIO FAQ What Are the Possible Reasons for Driver License Suspension in Ohio? You can lose your driver license in Ohio for reasons that include: OVI/DUI conviction, Reckless operation of a vehicle, Lack of registration or insurance, Default on your child support, and Excessive traffic violations. If you fail to appear for a court date or default on a judgment, the court also has the option of suspending your license. One of the most common reasons for license suspension is getting arrested for DUI or OVI. When the police arrest you on DUI charges, your license is automatically suspended. You can appeal the suspension through the Ohio Bureau of Motor Vehicles (BMV). However, you have only five days to formally request an administrative hearing to appeal. Note that these charges can potentially be reduced or eliminated with the help of a DUI defense lawyer. DRIVING UNDER OVI SUSPENSION OHIO FAQ How Can an OVI Defense Lawyer Help You? Driving with a suspended license in Ohio puts you at risk for a variety of harsh penalties. Repeat offenses place you at an even greater risk for jail time and fines. For these reasons, talking to a criminal defense lawyer about your options is critical. Because Ohio DUS penalties can be so harsh, your attorney may recommend appealing your suspension if possible. The process for appeal can be daunting, and unless you understand how this process works, you may lose your appeal. Having an attorney to represent you at your BMV hearing will give you the best chance of success. A lawyer can help you defend against a charge of driving under OVI suspension. Common defenses a lawyer can raise arise from your rights under the United States Constitution. DRIVING UNDER OVI SUSPENSION OHIO FAQ Possible Defenses to Your Arrest After Driving Under Suspension in Ohio Constitutionality of the Traffic Stop A lawyer can challenge the constitutionality of your traffic stop when defending against your OVI suspension charge. Under the Fourth Amendment, police need reasonable suspicion to pull you over. Reasonable suspicion means that specific articulable facts support an inference that you committed a crime. Most of the time, an officer observing any traffic infraction supports reasonable suspicion. Sometimes, facts surrounding the stop may not support a finding of reasonable suspicion. Talk to an OVI defense lawyer today to find out if you can challenge evidence supporting your charge under the Fourth Amendment. Coerced Statements You have the right not to make self-incriminating statements under the Fifth Amendment. Sometimes, after an arrest, a police officer may coerce you into making statements before advising you of your constitutional right to remain silent. If a police officer manipulated you into making incriminating statements, an OVI defense lawyer...

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How to Get Out of an OVI in Ohio

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Have you ever had a drink and felt that it affected you more than usual? Many factors impact alcohol tolerance and blood alcohol content, such as weight, metabolism, and food consumed while drinking. Unfortunately, this means that you may drive after drinking without knowing your abilities are impaired. In Ohio, this is known as operating a vehicle under the influence, or OVI. An OVI also can apply to drivers using a prescription, over-the-counter, or illegal drugs. An OVI conviction can bring harsh penalties, including time in jail, fines, and a license suspension. Your freedom is on the line, so you need to learn how to get out of an OVI in Ohio. For skilled legal representation, you must contact an experienced OVI defense attorney to assist you with this charge. Call the experienced attorneys at Gounaris Abboud, LPA, for immediate assistance or continue reading for more information on how to beat an OVI charge. Is it Possible to Beat My OVI Charge? Ohio criminal defense attorneys use every legal strategy available to help you get your OVI charge dismissed. Whether you can achieve a dismissal of your charge depends on the specifics of your case. Call a skilled criminal defense attorney for advice on possible legal defenses to your OVI charge. HOW TO GET OUT OF AN OVI IN OHIO FAQ How to Beat an OVI Charge A criminal defense attorney will discuss the specifics of your case with you and advise you on your best legal defense. Here are some legal defenses that may apply to your case. HOW TO GET OUT OF AN OVI IN OHIO FAQ Illegal Search or Seizure If the officer had no reason to pull you over or search your car, this could be a Fourth Amendment violation. The Fourth Amendment to the US Constitution protects you from unreasonable searches and seizures. If your attorney can prove that you were illegally stopped, the court may exclude all evidence the police obtained from your traffic stop. HOW TO GET OUT OF AN OVI IN OHIO FAQ Illegal Questioning If the officer inappropriately questioned you, your answers to the officer’s questions may be excluded. You have a Fifth Amendment right against self-incrimination and a Sixth Amendment right to an attorney. If you are taken into custody, these rights are supposed to be read to you in a Miranda warning, informing you of your right to remain silent and right to an attorney. If the officer neglected to recite a Miranda warning before questioning you, the court might be forced to exclude your statements. HOW TO GET OUT OF AN OVI IN OHIO FAQ Inaccurate Field Sobriety Test Results Law enforcement officers will conduct roadside field sobriety tests (FST’s) where your alertness, dexterity and responsiveness will be tested.  These results will be used against you in court to try to prove your level of impairment has been impacted. The tests are subjective and must be reviewed by a skilled criminal defense attorney in order to protect your rights.  The law firm of Gounaris Abboud will request the court issue an order preserving all video evidence in order to help you defeat an OVI charge. HOW TO GET OUT OF AN OVI IN OHIO FAQ Inaccurate Test Results The breathalyzer test and blood alcohol tests that police administer may be inaccurate. If breathalyzer equipment is not properly calibrated or administered, it may not provide valid results. Blood tests also must be conducted appropriately to provide admissible evidence. HOW TO GET OUT OF AN OVI IN OHIO FAQ Plea Bargain an OVI Charge If none of these defenses provide a way to get your charge dismissed, you can attempt to plea bargain. A plea bargain can reduce your charge or reduce your penalties. Your criminal defense attorney can negotiate with prosecutors to request a plea bargain. Your attorney will attempt to reduce your penalties as much as possible under the law. To achieve a plea bargain, you may need to plead guilty to a traffic offense like reckless operation, which is a lesser charge than an OVI. HOW TO GET OUT OF AN OVI IN OHIO FAQ How an OVI Attorney Can Help When you face an OVI, you may not know what to do. You must seek legal advice because an OVI conviction has consequences. Not only does it carry potential jail time and fines, but the charge goes on your criminal record. This charge can impact your housing and employment opportunities, and an OVI cannot be expunged from your record. A skilled criminal defense attorney can evaluate your case and strive to prepare your best legal defense. Your attorney will attempt to get your charges dismissed. If that is not possible, your attorney will negotiate with the prosecution in an attempt to get your charges reduced. An OVI charge is not something you want to handle on your own. Your freedom and future are on the line, so you need an experienced OVI defense attorney. Call the knowledgeable attorneys at Gounaris Abboud, LPA, at 937-222-1515, or contact us online. We have helped hundreds of clients get their OVI charges reduced or dismissed. When we meet for a free consultation, we can advise you of your best legal strategy. Give us a call today to start your OVI defense.

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Understanding the Ohio Wrongful Death Statute

| Read Time: 3 minutes

If you’ve experienced the death of someone you love due to another person’s intentional actions or negligence, you may feel emotions of grief, anxiety, and anger.  Taking legal action can’t replace your loved one, and it can’t ease your loss. However, seeking justice for a wrongful death in Ohio can make the person responsible for this tragedy pay. A wrongful death lawsuit can provide for you and your family while preventing the same tragic action from impacting anyone else. If you’re considering a wrongful death lawsuit, you need to understand Ohio law. To learn more about the Ohio wrongful death statute, keep reading. Who Can File a Wrongful Death Lawsuit in Ohio? The Ohio wrongful death statute defines a wrongful death as one that is caused by a “wrongful act, neglect, or default” that would have been eligible for a personal injury lawsuit had the person not died. In other words, if you can sue for a personal injury caused by an action, your representatives can sue for a death caused by the same action. The personal representative (executor of the estate) of the decedent (person who died) can bring a wrongful death lawsuit in Ohio. The personal representative brings the wrongful death action on behalf of these people: The surviving spouse,  The decedent’s children,  The parents of the decedent, and Other next of kin. The family members of the decedent must have suffered harm from the wrongful death to recover compensation.  OHIO WRONGFUL DEATH STATUTE FAQ What Are Time Limits on a Wrongful Death Lawsuit? The wrongful death statute of limitations in Ohio limits the time you have to file a wrongful death lawsuit. The personal representative has two years from the date of the wrongful death to file a lawsuit. If you file a wrongful death lawsuit after the Ohio wrongful death statute of limitations runs out, the court will likely dismiss your case.  OHIO WRONGFUL DEATH STATUTE FAQ What Are Damages in a Wrongful Death Case? Wrongful death damages are the compensation available to survivors for the loss of their loved one. These damages reflect the harm that family members have suffered as a result of the wrongful death. Different types of damages may be compensated, including: Loss of support, meaning the loss of financial income the decedent would have provided; Loss of services, such as childcare, housework, or car repairs provided by the decedent; Loss of companionship, care, and affection of the decedent; Loss of inheritance the family members might have received were it not for the decedent’s untimely death; and Mental anguish suffered by family members. The surviving spouse, children, and parents are rebuttably presumed to have suffered damages from the wrongful death. The rebuttable caveat means that these family members will be entitled to damages unless a defendant can prove the wrongful death did not impact family members. Next of kin, other than a surviving spouse, parents, and children, must prove the damages they suffered from the wrongful death. OHIO WRONGFUL DEATH STATUTE FAQ Is Compensation Possible in a Wrongful Death Case? Compensation is possible if someone’s death was caused by another person’s negligence or intentional act. Examples of actions causing a wrongful death might include: Shooting someone, Stabbing someone, Driving drunk, Leaving the scene of an accident without calling for help, Failing to keep manufacturing machinery maintained, and Knowingly exposing a worker to asbestos. Intentionally causing someone’s death may seem rather obvious, but negligence can be more difficult to understand. To determine if a person’s negligence caused a death, you must prove three elements: The person had a duty of care, such as a duty to properly maintain equipment; The person breached that duty, such as by not maintaining the equipment; and The person’s breach of duty caused the wrongful death, such as faulty equipment fatally injuring the decedent. Even if the person responsible faces criminal homicide charges, you can still bring a civil wrongful death claim. In fact, it is often easier to prevail on a wrongful death claim because civil proceedings require a lower burden of proof. Criminal charges require proof beyond a reasonable doubt, while civil cases require a “preponderance of the evidence” (more likely than not) standard. OHIO WRONGFUL DEATH STATUTE FAQ How Can a Wrongful Death Attorney Help? A wrongful death attorney will listen to your case, explain the law to you, and advise you of your best legal options. Then the attorney will investigate to find more evidence, interview witnesses, and pursue a wrongful death claim. Your attorney may be able to negotiate a settlement so that you do not have to endure an emotionally challenging trial. However, if your attorney thinks a jury would return a higher award, you may choose to proceed to trial. If you think you may have a wrongful death case, call the experienced attorneys at Gounaris Abboud, LPA, at 937-222-1515, or contact us online for a free consultation. With nearly five decades of collective experience, our attorneys have the legal skill and compassion to help you in this difficult time. 

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