DUI/OVI sentencing/penalties

November 9, 2013

DUI / OVI In Ohio Juvenile Courts

Juvenile DUI.gif

I recently represented a client for a DUI / OVI in a juvenile court near Columbus, Ohio. The case went to trial, and I was sharing my experience with a colleague. The colleague happened to be coordinating a DUI / OVI seminar for the Columbus Bar Association, and he asked me to speak at the seminar on the topic of handling DUI / OVI cases in juvenile court. The topic is a good one because most attorneys do not regularly represent clients for DUI / OVI in juvenile court, and there are some differences between juvenile cases and adult cases.

April 21, 2012

Insight On Ohio D.U.I./O.V.I. From Race Car Driver’s D.U.I.

by Shawn Dominy

Race car driver Al Unser, Jr., two-time winner of the Indianapolis 500, recently pled guilty to his second DUI, as well as Racing on a Freeway, according to the Albuquerque Journal. The judge in Albuquerque, New Mexico sentenced Unser to 90 days in jail, but one day was credited for time already served, and the remaining 89 days were suspended on the condition that Unser complete one year of probation. He was previously convicted of DUI in 2007. Unser’s plea and sentencing raises some questions: Would his sentence for a second O.V.I. offense in Ohio be harsher? Why was his sentence lenient even by New Mexico standards?

January 16, 2012

Ohio O.V.I. And Child Endangering

by Shawn Dominy

In July of 2011, state Representative Jarrod Martin was driving his children in his pickup truck in Jackson County, Ohio. He was pulled over by a state trooper for a marked lanes violation after his truck drifted left of center. The trooper asked Martin to perform field sobriety tests, and Martin declined. Martin also declined a breath test, which resulted in a one-year license suspension. Martin was charged with O.V.I. and Child Endangering in the Jackson County Municipal Court. He hired an attorney and pled Not Guilty. Six months later, the charges of O.V.I. and Child Endangering are being dismissed, and Martin is pleading guilty to the Marked Lanes violation, according to the Dayton Daily News.

July 29, 2011

Second Ohio D.U.I. Charge With A Twist

by Shawn Dominy

“Shawn, it’s Joe Smith. You’re not going to believe this, but….” I believe it, because I’ve received this call more than once. My client has a D.U.I. (O.V.I.) pending, we’re scheduled to go back to court soon, and the client is charged with a second D.U.I. This recently happened in a Florida case, with a twist.

November 28, 2010

Naked Man Charged With D.U.I. And Other Offenses

by Shawn Dominy

After crashing his SUV into another car at the gated entrance to his Florida neighborhood, a man crashes through the entrance gate and comes to a stop. He then runs, naked, carrying his dog, into his home. An officer goes to the man’s home and finds him lying in bed with blood on his body and the bed sheets. As medical personnel treat him, the man becomes combative and kicks the officer, which leads to the man being tased. He is eventually charged with D.U.I. (second offense), leaving the scene of an accident, criminal mischief, resisting arrest, and battery on an officer. The incident was reported by the Panama City News Herald.

November 14, 2010

Halloween Costume Leads To Another D.U.I. Arrest

by Shawn Dominy

Earlier this month, a 19-year-old was pulled over for driving erratically in Lincoln, Nebraska. When police searched his vehicle, they found beer and a bottle of vodka. Following field sobriety tests, he was arrested for D.U.I. and had a breath alcohol concentration more than twice the legal limit (see article on The Smoking Gun). Most interesting is the Halloween costume the suspect was wearing when he was arrested: a breath-testing machine.

September 12, 2010

Driver Arrested For DUI Twice In One Night

by Shawn Dominy

A man in Casper, Wyoming was charged with D.U.I. twice in the same night. It was not the first such occurrence in this Wyoming town. The incident raises the issue of increased penalties for repeat D.U.I. offenses, additional charges for Driving Under Suspension, and the policy of releasing arrestees after they post bond.