OHIO DUI info (Cincinnati, McDonald, Wilson: attorney, schools, live)

[Cincy-Rise]

Originally Posted by las vegas drunk

Because a good lawyer can get someone off a DUI with no punishments, even if the person was intoxicated. This is mostly done on technicalities. Read here for some examples....

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... if he refused a breathalyzer, then he's getting a DUI. If he failed a breathalyzer, he's getting a DUI. If he refused a breathalyzer, but failed a field sobriety test, he's getting a DUI. If he passed both, he wouldn't have gotten the DUI. Being his first offense, the judge will already cut him some slack, offer the alcohol program, and he'll save thousands.

Ohio is extremely strict when it comes to DUI's ... a refusal to breathe is a right that an individual has and it takes away scientific evidence that the person is intoxicated, but it also is an automatic suspension of your DL's and a DUI. Field sobriety test are designed so that someone with no alcohol consumed - will fail.

No one has posted any reasons so far to justify the thousand$ spent on lawyers?

gman5431, yes ... that's why I'm commenting.

[Wilson513]

I wouldn't set foot in a courtroom without my own lawyer. There is jeopardy at every step. The Judge could be in a bad mood, the MADD mothers could be in the back of the courtroom with the mother of a recently killed child, the prosecutor could make a mistake about your record and say this was not your first, the judge might ask a question the answer of which is either perjury or an offense, the cop might not show up and you can get off with a lawyer, the Intoxilizer might not had been checked within the time required or by a person certified, blah, blah, blah.

Anyone who would represent himself in court should also do his own dental work. It is far less risky.

[gman5431]

Maybe if you have experience in court and in the law as it relates to this area, then going with no lawyer would be fine. Myself, i didnt know what to expect or anything. A friend got me in touch with a lawyer and i got the family discount and i think it was well worth it. Got pretty much what the minimum is and felt a lot more comfortable knowing i didnt have to talk or do anything. I didnt even have to go to court for a couple of the times.

G Man

[Cincy-Rise]

Wilson, this is not Kentucky - this is Ohio. Ohio does not care about first time offenses or technicalities. You're talking about court scenarios that one would experience with a speeding ticket. DUI's are felony offenses and not taken lightly, even to the most liberal-lenient Judge in the court house - Judge Ted Barry.

It's tough here, g9inky. I suggest you buck-up, take the public defender, take the sentence, and learn from your mistake.

I was talking with a cabbie when I was coming home from a bar downtown one night about DUI's and he told me that the average cost of getting a DUI is equivalent to 30 years of cab rides on weekends if you live within a 2 mile radius ... or something like that. Something to think about.

I will bet every single one of you on here $100 to be delivered via PayPal that as soon as this is over, g9inky will report back to us ... "damn, they threw the book at me. I wished I would've just saved my money. The lawyer didn't do anything for me."

Mark my words.

[GI_Mark]

A friend of mine back home got a DUI almost a year ago and he hired an attorney. He wasn't real happy about the cost, but it was all the things they did for him that probably wouldn't have been done by some "have to do it" guy or by representing themselves that paid off. Turns out the police station where the breathalyser was conducted at was located near an electrical plant. The station was suppose to keep track of the calibration of the machine due to this fact and they hadn't. The whole thing got thrown out due to the fact they couldn't adequately determine if he was over the limit.

Would that be something the average Joe would think about while defending themselves in this situatiuon ??

[Cincy-Rise]

^ I would've, but wilson already knows about my genius status.

Actually, that's the best example I've heard about on here.

[GI_Mark]

Don't get me wrong, I'm not a huge advocate of attorneys. I'm only pointing out one instance I'm aware of and acknowledging how that indeed could give you a little peace of mind in handling a situation such as this.

[Wilson513]

Originally Posted by Cincy-Rise

Wilson, this is not Kentucky - this is Ohio. Ohio does not care about first time offenses or technicalities. You're talking about court scenarios that one would experience with a speeding ticket.

You are so wrong about this. And, it is not helpful that you think you know something on this subject and speak authoritatively to those who might be influenced.

DUI's are regularly dismissed in Hamilton County because of the defects I cited above. And, since the judges rarely vacate a trial date once its set at the request of the defendant, when one of the cops necessary to the conviction, like the person who calibrated the Intoxilizer, does not show up, lawyers know to insist that the judge goes forward with the case. That results in a dismissal.

If you have only been to Room A at the Justice Center you don't know these things. they only adjudicate guilty pleas there. Go across the street and sit in one of the courtrooms in HCMC and you will see that I am correct about this.

[g9inky]

I have learned alot about this issue recently...Yes, I have a lawyer who normally charges $2000 but is only charging me $500 b/c he knows my family. He's been doing this for 20 years. I've never been to court for anything so I feel better having my lawyer there.

Regarding the strictness of the rules, well, it depends if you are pulled over by the city of Cincinnati or the county. The county is more lenient and it is easier to get a charge knocked down. Apparently the county handles DUI's as well as murders and all sorts of criminal offenses, whereas the city strictly handles DUI's so they have less tolerance. I was told that only 2-3% of the time will the city plea bargain. I unfortunately, was pulled over by the city!

If you refuse a breathalizer, it is an automatic suspension of your license for one year. I actually blew, and my license is suspended for 90 days. I will get school/work driving privileges after I go to court.

I am on the wait list for my graduate program. If I don't get in, I have to apply again next year. There is a line on the application that asks if I have ever been conviced of a misdemeanor or felony, and to explain in up to 600 characters. I will check yes. A lawyer-friend told me to write, "Misdemeanor, traffic offense." What do you think? This is a very competitive program and I'm afraid of divulging too much up front. I'm a straight A student and don't want this to ruin my ability to be a productive member of society. The school may do a background check since I will be working with patients, but they probably just want to make sure I'm not a felon, or sex offender, or whatever. If they ask why I put, "traffic offense" I can say my lawyer told me to???

[gman5431]

Originally Posted by wilson1010

You are so wrong about this. And, it is not helpful that you think you know something on this subject and speak authoritatively to those who might be influenced.

DUI's are regularly dismissed in Hamilton County because of the defects I cited above. And, since the judges rarely vacate a trial date once its set at the request of the defendant, when one of the cops necessary to the conviction, like the person who calibrated the Intoxilizer, does not show up, lawyers know to insist that the judge goes forward with the case. That results in a dismissal.

If you have only been to Room A at the Justice Center you don't know these things. they only adjudicate guilty pleas there. Go across the street and sit in one of the courtrooms in HCMC and you will see that I am correct about this.

1) DUIs are not felonies - they are misdeamenors.
2) They arent regularly dismissed. Have they been dismissed, i'm sure. But they have become so regular that its basically cut and dry what you will get, especially for first time offense unless there are some special circumstanced. For this i can see why having a lawyer may not be necessary, but as i said before the peace of mind was worth every dime.

G Man