Criminal Law

Is it a good idea to talk to the cops? Why not?

People ask us all the time whether they should talk to the cops. Think you can talk yourself out of a ticket, ovi, or a domestic violence? This is an interesting 4 part video of a law professor’s lecture. He is pretty entertaining and the information can be useful to many. ENJOY! …….

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Do the police really have to read me my rights?

It happens all the time. A client will walk into my office to discuss a criminal matter and even before I can start the preliminary questioning about the situation, the client exasperatedly proclaims, "the police did not read me my rights." Usually, the client...

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OVI / DUI in Ohio Facts

Ohio drunk driving cases are referred to as Ohio OVI (operating a vehicle while intoxicated), Ohio DUI (driving under the influence of alcohol), or Ohio OMVI (operating a motor vehicle while under the influence, impaired, or intoxicated). All of these acronyms relate...

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Diversion and ILC in Ohio Felony Cases

Most people think that when someone is indicted in Ohio for a felony that there are only two possible resolutions: (1) The person will plead or be found guilty, or (2) the person will be acquitted of the charges. That is not entirely true. Ohio has a couple of alternatives that an attorney could pursue on behalf of a felony criminal defendant. First, the attorney could file a motion for Intervention in Lieu of Conviction (“ILC”). In short, ILC basically allows a person who committed a crime due to their addiction to drugs or alcohol to receive treatment for their substance abuse problems instead of a conviction and prison time. But, ILC is not available for all felony defendants and a given defendant must first be found to qualify for ILC. Ask your attorney whether you qualify (ILC is not available for certain crimes and certain offenders). If the Court accepts the ILC it will then prescribe a particular treatment program for the defendant and suspend the pending criminal action. If the defendant does what the Court demands as far as the treatment goes, the Court will dismiss the charges and the defendant can avoid a felony conviction altogether.

The second possibility is something called “Diversion.” Diversion is similar to ILC in that if the defendant is accepted for diversion and completes a program, then ultimately he or she is not convicted of a felony. The defendant is “diverted” out of the criminal court system and given a chance to accomplish certain goals set by the program. If the defendant successfully completes the diversion program, then the Court will dismiss the charges. However, like ILC, only certain charges and certain types of criminal defendants are eligible for a diversion program.

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DUI / OVI Ohio Penalties

Administrative License Suspension (ALS)
• If you are stopped for drunk driving and you refuse to take the sobriety test, or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC),
the officer can take your driver’s license on the spot, and the suspension begins immediately.
• Depending on previous offenses or refusals, you can have your license automatically suspended for a period of 90 days to five years.
• The administrative suspension is independent of any jail term, fine or other criminal penalty imposed in court for a DUI offense.

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1st Offense
• Administrative License Suspension (ALS) for a prohibited BAC;
• ALS for test refusal = one year license suspension;
• Jail – Minimum of three consecutive days or 3-day driver intervention program;
• Fine – Minimum $200 and not more than $1,000;
• Court License Suspension – 6 months to 3 years.
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2nd Offense
• ALS for one year for a prohibited BAC;
• ALS for test refusal = two year license suspension;
• Jail – Minimum of 10 consecutive days or five days jail + minimum 18 consecutive days of electronically monitored house arrest combined, not to exceed 6 months;
• Fine – Minimum $300 and not more than $1,500;
• Discretionary driver’s intervention program;
• Vehicle immobilization and plates impounded for 90 days;
• Court License Suspension – 1 year to 5 years.
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3rd Offense
• ALS for two years for a prohibited BAC;
• ALS for test refusal = three year license suspension;
• Jail – Minimum 30 consecutive days to one year;
• Alternative sentence – 15 days or Jail + minimum 55 consecutive days of electronically monitored house arrest combined, maximum of one year;
• Fine – Minimum $500 and not more than $2,500;
• Mandatory attendance in an alcohol treatment program paid for by offender;
• Vehicle immobilization and plates impounded for 180 days;
• Court License Suspension – 1 year to 10 years.
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4th or More Offense or Motor Vehicle Related Felony
• ALS for three years for a prohibited BAC;
• ALS for test refusal = five years license suspension;
• Jail – Minimum of 60 consecutive days and up to one year in jail;
• Fine – Minimum $750 and not more than $10,000;
• Mandatory drug/alcohol treatment program paid for by offender;
• Vehicle Forfeiture – Mandatory criminal forfeiture of vehicle operated by offender, imposed by court;
• Court License Suspension – 3 years to Permanent Revocation.

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Contact Us For A Free Consultation

If you have a personal injury, Social Security, or VA Benefit issue please contact the Law Offices of John T. Nicholson and schedule a free consultation today! Please Call us at 1-800-596-1533 or fill out our contact form by clicking the button below.

Law Offices of John T. Nicholson

Beavercreek

4461 Dayton Xenia Road
Dayton, OH 45432-1805
(937) 432-9775
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Cincinnati

2021 Auburn Ave., Suite 105
Cincinnati, OH 45219
(513) 276-4677
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Columbus

1041 Dublin Rd #103
Columbus, OH 43215
(614) 384-5800
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Franklin

8 Stadia Drive
Franklin, OH 45005
(937) 432-9775
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Kettering

5335 Far Hills Ave., Ste. 108
Kettering, OH 45429
(937) 524-5922
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Piqua

430 N Wayne St
Piqua, OH 45356
(937) 325-8500
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Springfield

150 N Limestone St #217
Springfield, OH 45501
(937) 325-8500
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Trotwood

2541 Shiloh Springs Road
Dayton, OH 45426
(937) 524-5922
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Troy

22 N Market St
Troy, OH 45373
(937) 524-5922
Map & Directions

West Chester

7103 Cincinnati Columbus Rd
Cincinnati, OH 45069
(513) 276-4677
Map & Directions

Mailing Address

P.O. Box 41450
Dayton, OH 45441
FAX: 1-800-801-1205

 

 
 
 
 
 

Beavercreek Office

4461 Dayton Xenia Road
Dayton, OH 45432-1805
(937) 432-9775
Map & Directions

Cincinnati Office

2021 Auburn Ave., Suite 105
Cincinnati, OH 45219
(513) 276-4677
Map & Directions

Columbus Office

1041 Dublin Rd #103
Columbus, OH 43215
(614) 384-5800
Map & Directions

Franklin Office

8 Stadia Drive
Franklin, OH 45005
(937) 432-9775
Map & Directions

Kettering Office

5335 Far Hills Ave., Ste. 108
Kettering, OH 45429
(937) 524-5922
Map & Directions

Piqua Office

430 N Wayne St
Piqua, OH 45356
(937) 325-8500
Map & Directions

Springfield Office

150 N Limestone St #217
Springfield, OH 45501
(937) 325-8500
Map & Directions

Trotwood Office

2541 Shiloh Springs Road
Dayton, OH 45426
(937) 524-5922
Map & Directions

Troy Office

22 N Market St
Troy, OH 45373
(937) 524-5922
Map & Directions

West Chester Office

7103 Cincinnati Columbus Rd
Cincinnati, OH 45069
(513) 276-4677
Map & Directions