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OVI Defense Archives

Ohio Residents And Out Of State OVI Convictions

If you are an Ohio resident and have been convicted of an OVI or DWI in another state that conviction will trigger penalties in Ohio. Following conviction, the state of conviction will send notice to the Ohio BMV. The Ohio BMV will, in turn, suspend your license for six months. The suspension ends on either the last day of the six-month period or the court suspension of the person's nonresident operating privileges, whichever is earlier.

Butler County Diversion Program - Coronavirus Update

Due to the current situation with the coronavirus outbreak, we understand that in-person classes are not ideal for the Butler County Prosecutor's diversion program. As a proactive firm, we reached out to the local educational providers to see what could be done to protect our client's health and wellness, as well as the community.

Are Breath Test Machines Accurate?

Nearly one million Americans are arrested for impaired driving every year. And when many of those individuals are told they failed a breath test, they often feel as though there is no hope other than to plead guilty to an OVI/DUI. However, a recent New York Times article highlighted the fact many of these breath test machines-or "breathalyzers" as many people call them-are unreliable. In fact, an investigation revealed the number of breathalyzers that produce inaccurate results is both, enormous and frightening. 

Marijuana Legalization And Ohio OVI Law

As most people know, medical marijuana was legalized in Ohio in 2016 and medical cannabis sales through dispensaries became legal in 2019. While a obtaining a medical marijuana card enables individuals to use marijuana in accordance with a doctor's prescription, many individuals believe it is a free pass to use the marijuana in whatever manner; however, it is not. There are many restrictions on its use. For instance, an individual cannot smoke medical marijuana. Anyone prescribed medical marijuana should use it in accordance with a medical doctor's prescription both, in terms of the amount used and the method of use.

Administrative License Suspension Questions: Driving Privileges After An Ohio OVI Arrest

How can the government take my license before I am convicted of a crime?

We all know that we are innocent unless and until proven guilty in this country. Yet, after an OVI accusation, it feels as though punishment is served prior to any conviction and without due process. In most Ohio OVI cases, a person's license is taken immediately upon suspicion of OVI through the "Administrative License Suspension" (ALS). Ohio imposes the ALS because Ohio is an "implied consent" state-essentially your Ohio Driver's license is a contract between you and the state of Ohio, whereby you agree to follow Ohio's rules to drive on Ohio's roads. One of those rules is that you agree to blow into the machine and not blow over in exchange for the right to drive. If you refuse to blow or blow over, then the state can take your license on the spot. While this seems directly related to your criminal OVI charge, it is a civil action by the Ohio BMV against you for violating your implied consent agreement.1

SUI: Scootering While Intoxicated?

Earlier this year the City of Cincinnati was inundated with Bird scooters. The pilot started in Over-the-Rhine, The Banks, and Downtown. Recently the scooters have been seen in Oakley, Mt. Lookout, and surrounding areas of Cincinnati. Another company, Lime-S, also introduced similar scooters downtown.

Ohio Law F.A.Q. Part I - Buzzed Driving Is Drunk Driving

In an effort to curb drunk driving and to prevent impaired drivers from ever getting behind the wheel, it's not uncommon to hear the admonition "remember: buzzed driving is drunk driving." While an effective marketing ploy and pithy phrase, does the Ohio Revised Code agree?

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Rittgers & Rittgers, Attorneys at Law

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