Articles Posted in DUI/OVI sentencing/penalties

Passed-out-in-car-2-300x200The recent arrest of former U.S. Women’s Soccer goalie Hope Solo resulted in significant media coverage.  As articles like this one from CNN reported, Solo was charged in North Carolina with DWI and Child Abuse.  What North Carolina calls ‘DWI’, Ohio calls ‘OVI’.  What North Carolina calls ‘Child Abuse’, Ohio calls ‘Child Endangering’.  Solo’s reported incident illustrates what happens when a driver is accused of being under the influence with children in the vehicle.
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Ohio-Road-Trip-300x200When I vacation in other states, people ask me where I’m from.  When I say “Columbus”, I usually have to add “Ohio”.  I have learned that very few people travel to Ohio for vacation.  Some people do travel here for business and personal trips.  Whether here for a business trip, a personal trip, or an improbable vacation, if a driver with a license issued by another state gets a DUI/OVI in Ohio, that person faces consequences in Ohio and may face consequences in the state which issued the driver’s license.

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Ohio-DUI-OVI-Guide-COVER-FRONT-228x300Many people charged with DUI (called ‘OVI’ in Ohio), especially those charged with a first offense, feel like they are in the dark. They do not understand the elements and consequences of OVI, and they do not know what to expect in the court process. They also are uncertain about whether to hire a lawyer and how to find a good defense attorney. I recently published a new book, the Ohio DUI/OVI Guide, which answers most of the questions people ask in this situation. My hope is that those who read the guide will no longer be in the dark.

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Erase-Past-300x201The Michigan legislature recently passed a bill which would permit first-time DUI (called ‘OVI’ in Ohio) offenders to have their records sealed (expunged). Michigan, like Ohio, currently permits record sealing for many criminal offenses but prohibits record sealing for DUI convictions. The Michigan bill passed with an overwhelming majority and is now waiting for the governor’s approval. The potential change in Michigan’s expungement law raises the question of whether first-offense OVI convictions in Ohio should be eligible for record sealing.

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Ignition-interlock-in-use-300x200It makes the roads safer, except when it makes the roads more dangerous. It’s a fair consequence for a person convicted of DUI/OVI, except when it’s unfair. The ignition interlock device has been used increasingly by Ohio and most other states to prevent drunk driving. As illustrated by a recent article in The New York Times, the device intended to encourage safe roads and fair punishment has actually caused accidents and unjust punishments.  What should Ohio do?

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Surprised-guy-on-phone-200x300

Raymond Wells walked out of court thinking he knew his sentence and was probably surprised when he later learned it included more than what the judge told him in the courtroom. There is a common saying in the law that “the court speaks through its entries”. What happens if the judge says one thing in open court but another in the sentence entry? A recent case from the Sixth District Court of Appeals gives us an answer.

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The conseGet-out-of-jail-and-uncle-sam-300x224quences of an OVI/DUI conviction can go well beyond the fines, jail time, and license suspensions imposed by a Judge. Collateral effects like higher insurance premiums and lost employment opportunities can follow someone well after their case has been resolved in court. Some states, even notoriously tough-on-crime states like Texas, allow first-time OVI/DUI offenders to avoid the long term consequences of a conviction by completing a pretrial diversion program.

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Car-insurance-300x200

If you think about the consequences of getting a DUI (called OVI in Ohio), the first thing which comes to mind is probably the sentence from the court. There is good reason for that: the sentence includes a mandatory jail term, license suspension, and fine as well as possible yellow plates, ignition interlock, and probation. In addition to the sentence imposed by the judge, however, there are collateral consequences for DUI/OVI convictions. One of those consequences is skyrocketing auto insurance premiums.

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Passed-out-in-car-300x200

When a trooper’s DUI charge is dismissed, it may appear the trooper is getting special treatment. In the case of N.C. trooper Dennis Tafoya, the DUI charge was dismissed because the evidence didn’t prove he committed a crime. Although he may have been very intoxicated while sitting in his car, the car was not running. In North Carolina, that is not an offense. In Ohio, the law is different.

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Pilot-female-in-cockpit-300x200

After years of working as a first officer for a commercial airline, Andrea is finally about to become a captain. To celebrate, she goes to dinner with friends and has a couple drinks. On the way home, she forgets to signal a right turn, and an officer stops her. The officer smells alcohol and has Andrea perform field sobriety tests. The officer says he notices ‘clues’ on the tests and arrests Andrea for DUI (called OVI in Ohio). As the cuffs go on, all she can think about is what will happen to her pilot’s license and her career.

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