No Reason for Traffic Stop A police officer must have a reasonable cause for pulling an individual over. . Expungement may not be possible for those convicted of a DUI. OVI charges dismissed against our client, saving them from a license suspension, points to their license and high fines. In 2011, Mr. Gounaris was awarded a 10.0 Superb rating by Avvo, which is an attorney rating website recognized around the nation. The OVI was ultimately dismissed and our client received only a non-moving citation instead. We have helped hundreds of clients get their OVI charges reduced or dismissed. Thank you very much for your hard work in my case. Brian, "There are only good things to be said about this Law Firm, Attorney Brian Smith and Attorney John Sivinski. I would highly recommend them to anyone! It's always worth it to fight with the help of . In Ohio, DUI (driving under the influence) is generally referred to as "OVI" (operating a vehicle under the influence). However, after reviewing discovery material and attending pre-trials, we were able to persuade the prosecutor and judge to agree to dismiss the OVI charges with our client pleading instead to a non-moving traffic citation, saving her from points, jail, a license suspension and high fines. What many people are shocked to discover, however, is that any offense related to driving under the influence cannot be expunged. February 8, 2022. Oops! My job fired me unjustly and they help me get my unemployment back. If a person has several DUIs, however, applying for a TRP or Criminal Rehabilitation may be onerous. I was very nervous throughout the process, and he made me feel relaxed and confident. In Ohio, this is known as operating a vehicle under the influence, or OVI. An OVI conviction can bring harsh penalties, including time in jail, fines, and a license suspension. OVI Conviction Thrown Out Where State Failed to Follow Breath Test Guidelines. How To Remove a DUI / OVI from Your Record in Ohio. There are several possible ways in which you can go about defending yourself against the OVI charges against you. When the police charge you with OVI, you will face charges that range from a Class 4 misdemeanor to a 3rd-degree felony, depending on the circumstances of your arrest and your prior criminal history. A DUI is known as an OVI in Ohio, and you can be charged with an OVI even if you weren't physically driving the vehicle. Just as the Fourth Amendment protects drivers in Ohio and across the United States from illegal search and seizure, the Constitution of the United States often comes into play as a foundational defense against OVI charges. Ohio Department of Mental Health and Addiction Services: Driver Intervention Program, Gounaris Abboud, LPA: How to Get Out of an OVI in Ohio, National Archives: The Constitution of the United States: A Transcription, Luftman, Heck & Associates, LLP, Attorneys at Law: Top 5 Defenses to Fight a Columbus DUI, Legal Beagle: Ohio OVI Laws & Penalties: What You Need to Know about OVI Charges, Legal Beagle: First Offense OVI/DUI in Ohio: Laws, Penalties and More, Legal Beagle: Ohio OVI/DUI Penalties & Chart: Answers to Your Drunk Driving Questions, Legal Beagle: How to Get an OVI Reduced to Reckless Operation in Ohio, Legal Beagle: How to Get a DUI Removed From Your Driving Record. Our client was charge with a regular OVI and an over-the-limit OVI after she was pulled over for a headlight issue and given a breath test. If you have been charged with your third DUI or OVI in Ohio, you could be facing a long list of OVI penalties including the following: "Low-Level OVI" - With a BAC over .08% but less than .17%, you'll face ten to 180 days in jail or five days of jail and 18 . In addition to the denial of benefits, I also lost two rounds of appeals. In Ohio, a first OVI is a first-degree misdemeanor unless it resulted in another person's death, serious bodily injury, or property damage. They were convicted in Ohio. Although our client was facing mandatory license suspensions for both OVI charges and Hit/Skip charges, we obtained a dismissal of both charges with our client accepting a non-moving citation instead with neither any points to her license or any license suspension. After receiving discovery, reviewing video of the traffic stop and completing suppression motions, an agreement was reached to dismiss all of these charges in exchange for a plea to a fourth-degree misdemeanor reckless op charge. Under Ohio law, first-time offense penalties mostly vary by how intoxicated a driver is. "Sandra, "Excellent service, not only did I win my case but the level of customer service was phenomenal!! Instead there was a plea to a non-moving violation. That depends. Our client faced a disqualification of his CDL after being charged with an OVI. With thorough preparation and research, we obtained a dismissal of OVI charges against our client with him pleading to a non-moving citation instead. We raised issues regarding the initial involvement of the police, signs of impairment and the conditions under which the field sobriety tests were conducted. Begin Your Defense Today: (614) 444-1900 What's an OVI Arrest? Mr. Willison has been working as a Columbus Ohio OVI DUI attorney since the late 1990's. He is very familiar with the OVI DUI process and with the local bench. After being charged with an OVI, he needed to not only achieve a reduction of the OVI but his administrative license suspension (ALS) needed to be vacated. An OVI is a misdemeanor offense. Through researching her case and analyzing the reports, video and testing results, we raised several legal arguments for her that lead to a dismissal of all of these charges, with her instead pleading to a non-moving violation. Anytime i had a question it was answered so that i could understand it. You could be asleep in the driver's seat without the heater or air . After our investigation, we were able to obtain a dismissal of the OVI charge with our client pleading to a traffic citation with a fine of $50.00. 1. Your criminal defense attorney can negotiate with prosecutors to request a plea bargain. Thats why its so important to aggressively fight all OVI charges in Ohio. This avoided an OVI on his record and year-long license suspension. Cincinnati Criminal Defense Attorneys, 810 Sycamore Street, Floor 3 His priority to was to save his commercial driver's license which was subject to an automatic disqualification after an OVI. Not only can your attorney help you understand the severity of the charges you are facing, but we may be able to work with the prosecutor to help you enter a pretrial diversion program or obtain a plea agreement. He is adept at helping his OVI DUI clients reach their legal goals in a timely and efficient manner. All field sobriety tests in the state must be the standardized field tests described in the most recent version of the DWI Detection and Standardized Field Sobriety Testing manual (or SFST) from the National Highway Traffic Safety Administration, and they must be conducted in accordance with the protocols laid out therein. After our client was stopped by the policy, they immediately suspected that she was impaired despite having a medical condition that could present symptoms that could be confused with impairment. Your freedom is on the line, so you need to learn how to get out of an OVI in Ohio. Through extensive negotiations, we were able to obtain a dismissal of OVI charges against our client. However, not everyone is eligible for pretrial diversion. When our client was charged with an OVI, we worked diligently with the prosecutor and court to obtain a dismissal of the OVI charges as well as getting his administrative license suspension vacated to save his job and CDL. Law enforcement officers will conduct roadside field sobriety tests (FSTs) where your alertness, dexterity and responsiveness will be tested. This resulting in an immediate return of his license. The Fourth Amendment to the US Constitution protects you from unreasonable searches and seizures. It may also grant the violator limited driving privileges after a 15-day probationary period. By investigating the breath tests being used against our client, we discovered that the breathalyzer that was used was not properly maintained and calibrated. Through extensive negotiations and planning, an agreement was reached to dismiss the OVI charges with our client pleading to a non-moving citation instead. Depending on the circumstances, OVI in Ohio is classified as either a misdemeanor or a felony offense. Marijuana OVI Charges Completely Dismissed: After our client's car got stuck, he found the police were called, he was arrested, and he was subjected to a urine test. After being stopped for allegedly driving too slow, our client found herself charged with an OVI. Deviations from this guide can cause a problem for the prosecutor. Sonya, "Mr. Smith is an amazing lawyer who listens and takes his time to make sure he understands every detail of your particular case. A felony OVI charge will cost you at least $850, as well as time away from work while you serve mandatory jail or prison time. Additional Areas Served - DUI Defense - Beavercreek | Centerville | Eaton | Englewood | Fairborn | Huber Heights | Kettering | Miamisburg | Moraine | New Lebanon | Oakwood | Piqua | Tipp City | Trotwood | Troy | Vandalia | West Carrollton | Xenia | Yellow Springs. Your submission has been received! This means that not only can you be charged with a DUI or OVI while your vehicle is parked, it doesn't even have to be running. Inadmissible for failure to request the test within 2 hours or take the test sample within 3 hours, of the alleged violation. As a result, the OVI charges were dismissed. During negotiations with the prosecutor, we argued that the State's evidence was almost entirely dependent upon the unreliable testimony of a lay witness. He saved himself from high points, a year long license suspension and a mandatory driver's intervention program. As the law firm of Gounaris Abboud, LPA, of Dayton and Springboro point out, improperly calibrated or improperly administered testing equipment, such as breathalyzers, blood tests or urine tests, may not yield admissible evidence in court. You are an excellent attorney." An OVI also can apply to drivers using a prescription, over-the-counter, or illegal drugs. See penalty charts now. To accomplish this, we achieved an order vacating his administrative license suspension due to issues we raised with the ALS form. They had to pay Ohio $475, because Ohio sent to Texas a block on their license. The outcome was exactly what we were looking for. As a result, we were able to obtain a dismissal of the OVI charges with her pleading to a traffic offense instead. Pretrial diversion is available for individuals who are first-time offenders or non-violent offenders. A police officer initiated a traffic stop after allegedly receiving a telephone call reporting an impaired driver. I won my case with their help and hard work! In Ohio, if you have "physical control" of the vehicle (meaning that the keys are within your reach), you can still be arrested and charged. The driver will also have to pay a fine of $250 to $1,000. A third DUI offense in Ohio is a very serious charge and can seriously impact your life. Two Theories Under Which You May Be Charged with OVI in Ohio. Misdemeanor Penalties for OVI. The tests are subjective and must be reviewed by a skilled criminal defense attorney in order to protect your rights. Thank you!" Despite showing some signs of impairment and damage to his vehicle, he submitted to a breath test that showed no alcohol. We also had the OVI reduced in exchange or a citation for a non-moving violation. You can be charged with a misdemeanor OVI during your court hearing if you were convicted of or pled guilty to two . I would highly recommend him for anyone who finds themselves in legal troubles. A skilled criminal defense attorney can evaluate your case and strive to prepare your best legal defense. Virtually all Ohio colleges and universities have the power to discipline their students for a DUI . As a result, our client avoided a second-in-ten OVI and any jail time. Officers also must inform offenders that they have the right to take an independent chemical test at their own expense. In addition to high fines and jail time, the charges brought with them the possibility of a license suspension. Despite the prosecution initially demanding a plea and a month in jail, we uncovered substantial credibility issues with the "victim." If you have been charged with your second DUI or OVI in Ohio, you could be facing a long list of OVI penalties including the following: Monetary fines of over $1,000. Our client was involved in a physical altercation with another individual after she found herself charged with first-degree misdemeanor Assault with potential penalties including a $1,000 fine, six-months of jail and the obvious negative implications of having such a conviction on her record. The steps to challenging a DUI generally include: Plead Not-Guilty. If none of these defenses provide a way to get your charge dismissed, you can attempt to plea bargain. Our client was pulled over for speeding and then subjected to field sobriety tests and a chemical test that indicated she was over the legal limit. However, by raising evidentiary issues regarding proof of his operating a vehicle and taking other proactive steps, an agreement was reached to dismiss the OVI charges with our client pleading to a non-moving citation instead. . We prevailed in showing that an OVI conviction requires actual movement of the vehicle, which did not happen in this case. Have you ever had a drink and felt that it affected you more than usual? Facing a mandatory minimum of twenty-days of jail for a second-in-ten OVI, he contacted us for help. At the court's discretion, first-time OVI offenders in Ohio may have the option of enrolling in a three-day Driver Intervention Program (DIP), an educational course on traffic safety and substance abuse and addiction certified by the Ohio Department of Mental Health and Addiction Services, rather than serve the mandatory three-day jail sentence. Amanda, "Brian Smith is the best! After filing a suppression motion raising issues regarding whether the one-way road was properly marked and whether the police had sufficient suspicion of impairment to justify expanding and prolonging the traffic stop, the State agreed to dismiss the OVI charges with our client pleading to a traffic offense. Your freedom and future are on the line, so you need an experienced OVI defense attorney. After being stopped for allegedly driving without headlights on, our client found herself subjected to SFSTs and giving a breath test that the police claimed was over twice the legal limit. Our client was charged with assault and unlawful restraint. In Ohio as elsewhere, implied consent laws mean that when motorists apply for a driver's license, they consent to take sobriety tests. Whether you are facing a misdemeanor or a felony OVI charge, call (937) 222-1515 or contact the Ohio criminal defense attorneys at Gounaris Abboud, LPA today. As a result of these challenges, an agreement was reached to dismiss the OVI charges with our client pleading to a non-moving citation instead. Learn how you can fight your conviction here. The evidence in an OVI case can be some of the most complex and specialized evidence as compared to any other criminal case, and you need a lawyer that has experience understanding that complex evidence. OVI charges were dismissed after we successfully raised issues regarding discrepancies between the police reports and video with the court. Second Lifetime OVI with Refusal Dismissed: Our client was charged with a second lifetime OVI and a refusal. They were meticulous and extremely experienced in helping to turn the situation around. If breathalyzer equipment is not properly calibrated or administered, it may not provide valid results. As a result, an agreement was reached to dismiss the OVI charges. She agreed to plead to a non-moving citation instead, saving herself from a year-long license suspension and high points to her license. If the defense finds that any evidence was obtained in an unconstitutional manner, that evidence can be suppressed in court. By pleading to a simple traffic offence, our client was saved from any jail time, from having to complete a drivers intervention program, from high points to his license, a damaging criminal record, and high fines. plead guilty to a lesser offense than an OVI, How to Get a DUI Removed From Your Driving Record. Important in this case was an argument about the State Trooper prolonging the detention to investigate an OVI with little evidence of an OVI, and the Trooper's claim that our client's speech was slow and slurred despite the video showing clear, articulate and responsive speech. Invalid because the test equipment malfunctioned. Any other plea will give up your right to challenge the DUI charge.