• November 07, 2019
  • OVI
what happens if you refuse a breathalyzer in ohio

One look at Ohio’s statute on Operating a Vehicle Impaired (OVI), and you’ll know that getting pulled over for drunk driving is a big deal. If convicted for even a first-time offense, you face jail time and a driver’s license suspension. If your blood alcohol content was .08% or above, mandatory minimum sentencing kicks in. This means that you’ll spend anywhere from 72 hours to six days in jail. There are also fines, court fees, the costs of taking an alcohol abuse course, and license reinstatement expenses, so you’re looking at losing thousands of dollars. Based on these penalties, you may think that refusing a breathalyzer in Ohio is a good idea. In truth, declining the chemical test is not a wise move. Some answers to these common questions may help you understand the key issues. What does implied consent mean? In Ohio, you consent to a chemical test to measure your blood alcohol content (BAC) when asked by police. The test may be through samples of your breath, blood, or urine, but the breathalyzer is the most common. If you refuse the breathalyzer in Ohio, the penalties can be severe. When can officers request me to take a breath test? Police can ask you to take a chemical test after you’ve been arrested for drunk driving. You must be under arrest before the police can make the request. If they ask you to take a portable breath test at the scene, you’re within your rights to refuse to blow. These devices are often inaccurate and are usually not administered by a specially trained law enforcement officer, so the results cannot be used as evidence. What are the penalties I refuse to blow? The first time you refuse a breathalyzer test, you’ll get a one-year driver’s license suspension. Per Ohio’s DUI laws, the punishment increases with subsequent offenses. Therefore: A second refusal could lead to a two-year suspension of your driving privileges; License suspension for three years for a third refusal; and, A five-year suspension applies for more offenses. What happens to the DUI charges against me? Refusal to blow is a separate offense from drunk driving, so you could be sentenced to the above punishment regardless of the outcome in our DUI case. Are there any defenses to OVI refusal to blow? The details vary according to your circumstances, but you may have grounds to fight the charges. One of the more common defenses is that the police officer didn’t tell you your rights about refusal to blow. Set Up a Consultation with an Ohio OVI/DUI Lawyer Right Away If you have more questions about refusing a breathalyzer in Ohio, please contact Gounaris Abboud, LPA today. We can schedule a case evaluation to review your circumstances and determine the best strategy for defending your rights.

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Have you or a loved one been charged with a felony in Ohio? If so, you’ll want to know what to expect from your preliminary hearing. When a defendant is charged with a felony in Ohio, a preliminary hearing will be scheduled in the local municipal court. According to the United States Department of Justice (DOJ), a preliminary hearing determines if there is probable cause to hold the defendant. This hearing also determines if the criminal case should move forward in the legal process. Here, our criminal defense team answers questions about what to expect at a preliminary hearing in Ohio. Ohio Preliminary Hearing: Understanding the Basics What is a Preliminary Hearing? A preliminary hearing is a type of screening procedure. At the hearing, there will be a review of the prosecution’s evidence to ensure that there is reasonable cause to hold a defendant in jail or apply bond conditions. What is the Timeline for a Preliminary Hearing? When a preliminary hearing is used instead of a grand jury, it will occur right after an arrest. Prosecutors must hold a preliminary hearing within ten days if the defendant is being held in custody or within fifteen days if the defendant was released from custody. To protect your rights, consult with an experienced Dayton, OH criminal defense lawyer before your preliminary hearing. What Actually Happens at a Preliminary Hearing in Ohio? A preliminary hearing proceeds in the same way as a trial. First, the prosecution has an opportunity to lay out its evidence. For the defendant, this is a critical first look at the prosecution’s case. Under Ohio law (Ohio Revised Code § 2937.12), the prosecution must prove probable cause. If they fail to do so, they defendant can petition for discharge after the hearing. How Should I Prepare for a Preliminary Hearing? If you have a preliminary hearing in Ohio, seek representation from an experienced criminal defense lawyer. Your attorney will be able to build a proper defense strategy for the trial. Get Help From Our Dayton, OH Criminal Defense Attorneys Right Away At Gounaris Abboud, LPA, our Ohio criminal defense lawyers are strong advocates for our clients. If you or your loved one was charged with a crime, we are here to help. To set up a free, no-obligation analysis of your case, please contact our law firm today. With offices located in Dayton and Springboro, we represent defendants throughout the region.

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How to File for Divorce in Ohio

Ending a marriage is never an easy thing to do, but divorce is the right choice for some couples. If you are getting divorced, you are not alone. Filing for divorce is complicated. Beyond the heavy, intense emotional issues, many legal and logistical matters must be resolved. Here, our Dayton divorce attorneys explain how to file for divorce in Ohio. Four Steps for Filing for Divorce in Ohio 1.) You Must Meet the Eligibility Requirements Under Ohio law (3105.01), you must meet the state’s residency requirements to file for divorce. Either you or your spouse must have lived in the state of Ohio for at least six months before you filed for divorce. Couples seeking a divorce in Ohio must file in the county where they have resided for the last 90 days. If you do not yet meet Ohio residency requirements, you must wait to do so.  2.) Select Your Grounds for Divorce To file for divorce in Ohio, you must select and prove grounds for the separation. Most couples choose to seek a no-fault divorce in Ohio. Married couples can get a divorce on the grounds of “incompatibility” in Ohio. 3.) Prepare and File Divorce Forms When you file for divorce in Ohio, ensure that all forms are correctly prepared and submitted. The specific requirements for divorce forms sometimes vary from county to county. In any Ohio divorce, you must: File a case designation sheet; File a divorce complaint; and Include instructions for serving divorce papers on your spouse. If you are a parent of a minor, you must complete and submit a Parenting Proceeding Affidavit. Eventually, divorcing parents must create a shared parenting plan with documents for child support calculations. 4.) Resolve the Key Issues Before you can finalize your divorce, all relevant issues must be resolved. Critical issues in an Ohio divorce case can include: Property division; Debt division; Alimony (spousal support); Child custody; Child visitation; and Child support. In some divorce cases, litigation may be necessary to reach a resolution. However, that is usually not the case. Most divorces are settled outside of the courtroom — either through collaborative divorce, divorce mediation, or through another type of negotiation. Get Help From Our Dayton, OH Divorce Lawyers Today At Gounaris Abboud, LPA, our Ohio family law attorneys are compassionate advocates for clients. If you are filing for divorce, we are here to help. For a free confidential divorce consultation, please contact our legal team right away. From our law office in Dayton, we serve communities throughout the region, including in Montgomery County, Miami County, and Greene County.

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Filing for Divorce in Ohio

If you or your spouse are considering divorce, you must understand the divorce process in Ohio. At Gounaris Abboud, we provide professional and experienced representation to our clients during the divorce process. An Ohio divorce lawyer at our firm can answer any questions you might have today. In the meantime, we want to give you with more information about filing for divorce in Ohio. Filing for Divorce in Ohio Under Ohio law (Ohio Rev. Code § 3105.17), the divorce process begins when one spouse files a complaint for divorce. Ohio is one of a few states in the U.S. that recognizes fault-based divorce. When one party files for divorce, that party must state a fault-based ground for divorce or the “no-fault” option. The “no-fault” divorce option is only possible if both parties agree to the divorce. When both parties agree to the “no-fault” option, the process is a “dissolution of marriage.” Fault-Based Versus No-Fault Grounds for Divorce in Ohio According to the Ohio Revised Code, the following are possible causes for divorce: Either party had a spouse living at the time of the marriage; Willful absence of the adverse party for one year (abandonment); Adultery; Extreme cruelty; Fraudulent contract; Any gross neglect of duty; Habitual intoxication; or Incompatibility, unless denied by either party (“no-fault” option). If one of the parties files a petition for divorce based on incompatibility and the other party agrees, then this is a “no-fault” divorce option. If the parties have lived apart for at least one year from the date of the divorce complaint, there is no need to claim fault. When a party cites a fault-based ground for divorce, property division, alimony, and other matters in the divorce process might be affected. Contact a Divorce Attorney in Ohio Do you have questions about the divorce process in Ohio? An Ohio divorce attorney at our firm can assist you. Contact Gounaris Abboud today for more information.

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  • November 07, 2019
  • OVI

Ohio OVI Penalties: What You Should Know Driving under the influence of alcohol or drugs is a serious offense in Ohio that can have steep penalties. Not only will you pay a fine and do jail time, but you can also lose your driver’s license and end up with a criminal record. If you are facing charges for drunk or drugged driving in Ohio, you need to learn more about Ohio OVI penalties. Mandatory Minimum Ohio OVI Penalties for First-Time Offenders First-time OVI offenders in Ohio still face significant penalties. Ohio DUI penalties are based on whether a person has a “low” or a “high” blood alcohol concentration (BAC). A “low” BAC is anything above the legal limit of 0.08 = but less than 0.17. The mandatory penalties for a first-time “low” OVI are: 3 days to 6 months in jail; At least a 6-month suspension of your driver’s license, and a driver’s license suspension of up to 3 years; and A fine of at least $375 and up to $1,075. A “high” OVI conviction, with a BAC of 0.17 or higher, comes with higher mandatory penalties. Just because these are the mandatory minimums does not mean that you should assume this will be the only penalty. Judges can impose sanctions that are higher than these sentences. For example, Ohio only requires that a first-time OVI conviction results in three days in jail, but a judge may order you to spend up to six months in jail. Besides these penalties, you will pay a fee of $475 to have your driver’s license reinstated. Penalties for Refusal to Submit to a Chemical Test If you refuse to take a chemical test—a breath test, a blood test, or another test designed to test your blood alcohol concentration—you will face more penalties. By refusing to take a chemical test, you are violating the implied consent law in Ohio. For a first offense, you will face an automatic driver’s license suspension of one year. If your BAC is over the legal limit and you refused to take a test, you will face more penalties. Subsequent OVI Penalties and Ohio DUI Laws Subsequent offenses come with steeper penalties. For example: Second offense: anywhere from 10 days to 1 year in jail, a fine of up to $1,500, and a driver’s license suspension of up to 5 years; Third offense: anywhere from 30 days to 1 year in jail, a fine of up to $1,500, a driver’s license suspension of up to 10 years, and the required use of an ignition interlock device; and Fourth offense: anywhere from 60 days to 1 year in jail, a fine of up to $10,000, possibility of a permanent suspension of your driver’s license, and the required use of an ignition interlock device. Contact an Ohio OVI Defense Attorney If you need help building a defense in your OVI case, our Ohio OVI defense attorney can begin working on your case today. Contact Gounaris Abboud for more information.

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3rd dui offense in ohio

The legal system is harsh when you’ve been arrested for the same crime multiple times. According to Ohio’s laws on Operating a Vehicle Impaired (OVI), punishments increase for a second drunk driving conviction, a third, and so forth. You can fight the charges to get a favorable outcome in your case. To do so, you’ll need an Ohio DUI defense attorney to represent you and fight for your rights. You should also review some critical information about the proceedings. Summary of Multiple Offenses Under Ohio DUI Laws: Regardless of how many previous convictions are in your criminal history, the standards for OVI are the same. You can be arrested under two different circumstances: Police pulled you over and asked you to take a chemical test, in which you registered a blood alcohol content (BAC) of .08% or more; or, Officers stopped you and had reasonable suspicion that you were impaired by alcohol. There is a statute about high BAC amounts, which could affect your sentence in a drunk driving case. Any BAC amount of .17% or higher may implicate more penalties. Penalties Increase for a Third DUI Conviction: If you’re convicted for a third drunk driving offense for impairment or a BAC over .08 through a chemical test, the criminal punishment is severe. For purposes of the law, keep in mind that the look-back period is ten years. Mandatory sentencing applies for a conviction: A judge may sentence you to 30 days to one year in jail. Upon release, the court may impose at least three months of electronic home monitoring. You’ll receive a mandatory fine of at least $850. Your driver’s license will be suspended for at least 24 months and up to 10 years. Other consequences may also apply in your case. Though you may have limited driving privileges to get to and from school, your job, and other essentials, you’re not eligible for at least 180 days after your arrest. You’ll need to install an ignition interlock device (IID) on your vehicle during this time, and you must attend a substance abuse program. Retain an Ohio OVI/DUI Lawyer Who Will Defend Your Interests There are severe consequences for a DUI third offense, including higher fines, longer terms of incarceration, and other penalties. Don’t put your rights at risk by trying to represent yourself in such a case. Trust one of our attorneys at Gounaris Abboud, LPA to advocate on your behalf. Please contact us to set up a consultation, where we can review your circumstances and determine how to proceed with your defense.

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2nd ovi in ohio

The penalties for a second OVI in Ohio increase with each conviction. If you were arrested after being convicted in the past, your punishment could be far more severe than it was the first time. First, get an Ohio DUI defense attorney as soon as possible to help fight your charges. Next, you’ll need to understand what to expect from a DUI second offense. Overview of Ohio DUI Laws: Before getting to the punishments for a second conviction of drunk driving, you need to know the basics. Instead of driving under the influence (DUI), Ohio uses the term Operating a Vehicle Impaired (OVI). There are two scenarios where you could be arrested for drunk driving in Ohio: Police officers stopped you and asked you to take a breathalyzer test, which measured a blood alcohol content (BAC) of .08% or more; or, Officers pulled you over and had a reasonable suspicion that you were impaired by alcohol. Note that two different standards measure your BAC. You’re considered to have a “low” amount of alcohol if a chemical test reveals a BAC of .08% to .17%. However, you may be arrested for high OVI if your BAC exceeds .17%. Increased Penalties for a Conviction: If you’re charged with drunk driving under the above circumstances and you have a prior conviction, you will be charged with an Ohio DUI second offense. Your sentence may include: At least 10 days in jail, though a judge could increase this term to up to six months in jail; Fines ranging from $525 up to $1,500; and, A driver’s license suspension for at least one year and up to four years. Keep in mind other consequences: If your BAC is above .17%, your mandatory jail sentence is at least 20 days. When the car you were driving is your own, the police will impound it; you cannot recover it without a court order. Though a judge may allow you limited driving privileges, you do not qualify for at least 45 days after your arrest. Contact an Ohio OVI/DUI Lawyer for Assistance in Fighting the Charges If you’ve been arrested for a 2nd OVI in Ohio, it’s critical to understand the punishment you could face. A conviction will hit your wallet, but there are also implications for your freedoms. For more information on your case and help fighting the charges, please contact Gounaris Abboud, LPA. We can answer your questions and provide more information after reviewing your case.

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ovi ohio first offense

Intoxicated driving is one of the most common criminal charges in Ohio. The Ohio State Highway Patrol reports that 19,008 people were arrested on OVI charges in the state in 2018 alone. No matter the specific circumstances, an OVI charge is always a serious matter. Even a first-time OVI conviction could result in a defendant facing severe penalties. Here, our Dayton defense lawyers give an overview of the Ohio OVI laws. We will also explain what to expect if you are facing a first-time intoxicated driving offense. OVI Ohio First Offense: What Am I Facing? Under Ohio law (Ohio Revised Code § 4511.19), it is unlawful to operate a motor vehicle under the influence of alcohol or drugs. Ohio has graduated penalties for OVI offenses. This means a defendant will face worse penalties with each intoxicated driving offense. Still, a first-time OVI is not a minor issue. Among other things, the penalties for a DUI in Ohio first offense may include: Up to $1,075 in fines and fees; Other financial penalties and increased insurance costs; At least three days in jail or a three-day Driver Intervention Program; Up to six months in prison; and A license suspension of up to three years. Administrative Penalties: Your License Will Be Automatically Suspended — Unless You Act If you get charged with a drunk driving offense in Ohio, your license will be suspended before you get a hearing on your case. You can take action to stop this. Contact an experienced OVI Ohio defense lawyer after your drunk driving arrest. You have 30 days to request a hearing to argue the automatic suspension. You May Face Additional Penalties if Other ‘Aggravating Factors’ are Present A history OVI offenses is not the only factor that impacts the criminal penalties in these cases. A defendant could be charged with a more severe OVI offense if: They were highly intoxicated — a BAC level above .17; The accident occurred resulted in significant property damage or an injury; There was a minor present within the vehicle; or Other traffic offenses, such as reckless driving, were committed at the same time. Speak to a DUI Defense Attorney in Dayton, Ohio At Gounaris Abboud, LPA, our Ohio drunk driving defense lawyers have more than 50 years of experience protecting the rights of our clients. If you or a family member was arrested for a first-time OVI offense, we can help. To arrange a free, no obligation analysis of your case, please contact our law firm right away. With offices in Dayton and Springboro, we serve clients throughout the region, including in Montgomery County, Warren County, and Butler County.

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difference between federal and state crimes

Facing criminal charges causes a lot of anxiety. After being charged with an offense, you need an experienced Ohio criminal defense attorney on your side. How do you know how to find the best lawyer for your case when you don’t understand your charges? What’s the difference between federal and state crimes? There are both common questions that we’ll answer for you below Learning More About the Difference Between Federal and State Crimes Understanding the difference between state and federal felony charges can be confusing. Many crimes can be charged either as state or felony offenses. State and federal courts often have concurrent jurisdiction for a crime, meaning that state or federal authorities can arrest and prosecute someone. Ohio state criminal offenses have different elements of the crime than federal charges. State convictions may also carry different penalties under Ohio law than federal convictions. State Felony vs. Federal Felony Charges in Ohio What are federal charges? When can a person expect to face federal charges instead of state charges? There are many situations where a crime may be a federal offense rather than a state offense. The following are the most common reasons that a person faces federal charges instead of state charges under Ohio law: Crime occurs on federal property; Crime involves interstate connections, or movement across state borders (i.e., from Ohio into Pennsylvania); Crime involves a federal government agency or investigation by a federal government agency such as the Federal Bureau of Investigation (FBI), the Drug Enforcement Agency (DEA), the Internal Revenue Service (IRS), the Securities and Exchange Commission (SEC), the Department of Homeland Security (DHS), or the Bureau of Alcohol, Tobacco, and Firearms (ATF); or Crime is part of a larger operation or investigation by a federal agency or an investigation that involves individuals in more than one state. Examples of Federal Crimes vs. State Crimes Examples of types of crimes that are charged as federal crimes include: Weapons charges; White-collar financial crimes; Computer crimes; Internet sex crimes; Organized crime; and Drug trafficking. Examples of crimes that are charged under state law rather than federal law include: Homicide; Robbery; Burglary; Assault and battery; Drug possession (small amounts); and Theft offenses. In some situations, crimes that are usually charged under state law can be charged as federal offenses. For example, if a robbery or burglary charge is related to a large-scale criminal organization that has been operating across state lines, the charges will be federal. Seek Advice from an Ohio Criminal Defense Attorney If you have questions about criminal charges in Ohio or need help building a defense, our Ohio criminal defense attorney is here to help. Contact Gounaris Abboud to get started on your defense today.

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how to get money from a car accident without a lawyer

We hear about car accidents all the time, but no one thinks they’ll be the victim of one.  According to the Ohio State Highway Patrol, there were 817 deaths caused by car accidents in 2018. Unfortunately, thousands more are seriously injured in Ohio car crashes.  If you have been the victim of a car crash in Ohio, one of the first questions you may have is how to hold the at-fault driver accountable and get the compensation you deserve. You may also be wondering: do I need to hire a car accident lawyer to get compensation?  We want to explain how to get money from a car accident without a lawyer and to give you more information about how an Ohio car accident attorney can help you recover more than if you pursued a claim by yourself. Filing a Car Accident Claim and Providing Evidence After being involved in a car crash in Ohio, you need to file a car insurance claim. If you want to submit your claim without legal representation, make sure you do the following: Report the accident to your own insurance company within a specific period after the accident to be eligible for compensation. Only provide facts to the insurance company.  Do not give them information about your opinion or any other subjective details. If you do, the insurance company could use your statements against you. Provide evidence of the other driver’s fault. This includes taking pictures at the scene of the crash, gathering witness statements, and getting a copy of your Ohio car accident report. If you do not get full compensation through an insurance claim, you may need to file a personal injury lawsuit against the at-fault driver.  Hiring an Ohio Car Accident Lawyer Can Increase Your Compensation While it may seem appealing to handle your claim on your own, it is essential to know that working with a Dayton lawyer can improve your chances of getting compensation and can increase the amount of compensation that you get.  Hiring an Ohio personal injury attorney can almost double your chances of getting compensation and may be able to increase your payout by thousands of dollars. A car accident lawyer can use his or her experience to help with the following: Negotiating with the insurance company to get a reasonable settlement; Handling conversations with the insurance adjuster; Framing evidence to support your case, and working with accident reconstruction experts to prove that the other driver is responsible; Negotiating with the at-fault driver’s lawyer to get a reasonable settlement; and Advocating for your right to compensation if your case goes to trial. Get Help from a Dayton Car Crash Lawyer While you do have options to seek compensation on your own, a Dayton, Ohio car accident lawyer will improve your chances of getting the money you deserve. Contact Gounaris Abboud for more information.

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