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DUI/OVI Defense Lawyers in Cleveland, Ohio

ZLM successfully represented Major League Baseball player charged with Operating a Vehicle Under the Influence of Alcohol, following a two-car collision. At trial, ZLM offered testimony of paramedic that examined Client following accident and, during cross-examination of arresting officer, established that officer was studying his National Highway Traffic Safety Administration handbook to prepare his testimony in front of the jury during trial and prior to his testimony. Client found NOT GUILTY following jury trial.

DUI/OVI SUMMARY:

It is illegal to operate a vehicle while under the influence of alcohol, a drug of abuse, or a combination thereof. It is also illegal to operate a vehicle with a prohibited concentration of alcohol or a drug of abuse in breath, blood, or urine. There are many ways in which someone can be charged with an OVI offense. Further, OVI offenses are “enhanceable” offenses, meaning, if a person has a one or more prior OVI or “equivalent offense” convictions within ten years (or twenty years depending on the circumstances), and the person is charged with a new OVI offense, that person will be subject to higher penalties, if convicted. The Ohio Statute for “Operating vehicle under the influence of alcohol or drugs – OVI” is R.C. 4511.19 http://codes.ohio.gov/orc/4511.19 .

Further, the moment that a person is arrested for operating a vehicle under the influence of alcohol or a drug of abuse, that person’s privilege to operate a vehicle is in jeopardy. If the person refuses to consent to a requested breath, blood, or urine test, the person’s driver’s license will be immediately suspended by the Ohio Bureau of Motor Vehicles for at least one year. If the person consents to a requested breath, blood, or urine test, and tests over a certain limit of alcohol and/or drugs of abuse, the person’s driver’s license will be immediately suspended by the Ohio Bureau of Motor Vehicles for at least 90 days.

PRIOR CONVICTIONS OF OVI:

If a person is charged with an OVI offense, the severity of the potential sentence if convicted increases based on whether the person has a prior OVI or “equivalent offense” conviction within the last 10 or 20 years.

Prior convictions that are “equivalent offenses” for purposes of enhancing a new OVI conviction are as follows:

  1. A violation of R.C. 4511.19(A) or (B) Operating vehicle under the   influence of alcohol or drugs – OVI);
  2. A violation of a municipal OVI ordinance;
  3. A violation of R.C. 2903.04 (Involuntary manslaughter) in a case in which the offender was subject to the sanctions described in R.C. 2903.04(D)             (causing the death of another by violating R.C. 4511.19(A) or (B), a municipal OVI ordinance, or while operating a vehicle under the influence of alcohol or drug of abuse or combination);
  4. A violation of R.C. 2903.06(A)(1) (Aggravated vehicular homicide) or 2903.08(A)(1) (Aggravated vehicular assault) or a municipal ordinance that is substantially equivalent to either of those divisions;
  5. A violation of R.C. 2903.06(A)(2), (3), or (4) (Aggravated vehicular homicide) or 2903.08(A)(2) (Aggravated vehicular assault), or former section R.C. 2903.07 (Vehicular homicide), or a municipal ordinance that is substantially equivalent to either of those divisions or that former section, in a case in which a judge or jury found the offender was under   the influence of alcohol, a drug of abuse, or a combination of them);
  6. A violation of 1547.11(A) or (B) (Operation control, or manipulation under the influence of alcohol or drug, i.e., Boating under the influence);
  7. A violation of a municipal ordinance prohibiting a person from operating   or being in physical control of any vessel underway or from manipulating any water skis, aquaplane, or similar device on the waters of this state while under the influence of alcohol, a drug of abuse, or a combination of them or prohibiting a person from operating or being in physical control of any vessel underway or manipulating any water skis, aquaplane, or similar device on the waters of this state with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine;
  8. A violation of a former law of this state that was substantially equivalent to division (A) or (B) of section 4511.19 or division (A) or (B) of section 1547.11 of the Revised Code;
  9. A violation of a former law of this state that was substantially equivalent to R.C. 4511.19(A) or (B) or R.C. 1547.11(A) or (B).

PENALTIES AND COLLATERAL CONSEQUENCES RESULTING FROM AN OVI CONVICTION:

Driving while under the influence of alcohol or a drug of abuse has serious consequences such as license suspension; the potential of a jail term; the imposition of fines; the impound of the driver’s vehicle; the requirement of attending an intervention, treatment, or education program; and the possibility of community control. Under state law, any individual deemed to be, “drug dependent, in danger of drug dependence, or a chronic alcoholic,” is prohibited from possessing a firearm. See, R.C. 2923.13 http://codes.ohio.gov/orc/2923.13 .

Further, charges or a conviction for OVI can result in the loss of livelihood, increases in insurance costs, suspension of a professional license or a barrier to obtaining a professional license.

CALL ZUKERMAN ABOUT DUI/OVI:

If you have one or more prior OVI or “equivalent offense” convictions within the last 10 or even 20 years, being arrested for and charged with a new OVI offense will result in increased penalties if convicted. The attorneys at Zukerman, Lear & Murray Co., L.P.A. are ready to help you today.

How Can We Serve You?

Your way of life and your future hangs in the balance, the attorneys at Zukerman are here to defend your freedom. Do not hesitate to contact us, we treat every matter seriously. Please fill out the form below and we will respond to your message as soon as possible.

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