The acronym DUI is short for "driving under the influence," which means that someone is operating a motor vehicle while under the influence of alcohol or drugs. An OVI, or "operating a vehicle impaired" charge, means essentially the same thing to the point where they are often used interchangeably. OVI is the commonly used term in Ohio.
According to one recent study, about 15,035 motorists across the state were arrested for impaired driving in 2022 alone. While this does represent about a 20% decrease from the year prior, it's still a distressing situation and should be treated as such.
In an effort to do precisely that, checkpoints are often set up across the state, particularly on weekends and holidays when people are more likely to drive while intoxicated. Two such checkpoints took place recently in Franklin and Wood counties in August 2023. The results are fascinating and are absolutely worth a closer look.
DUIs, OVIs and More: What You Need to Know
In late August, approximately 1,072 vehicles passed through a checkpoint in Wood County, Ohio. During that time, just two people were arrested for operating a vehicle while intoxicated. During the same period, 994 vehicles went through a checkpoint in Franklin County. Here, just one person was arrested for the same crime.
Again, it's important to note that while these numbers are certainly an improvement over recent years, they still highlight a situation that most people would agree needs to be addressed in the future.
Interestingly, there are many people out there who question the legality of checkpoints like these in the first place. The argument is that under the Constitution, people are naturally protected against illegal searches and seizures by law enforcement. By virtue of the fact that a law enforcement officer is stopping a car at all, essentially for "no reason" other than the existence of the checkpoint, it would therefore make the checkpoint itself illegal.
However, the Supreme Court has previously ruled that the police do not need any type of "reasonable suspicion" to stop someone at a checkpoint specifically when trying to prevent DUI and OVI situations. This is why you tend to see checkpoints crop up all across the country at certain times when, historically, the number of intoxicated or impaired drivers on the road has been particularly high. Super Bowl Sunday is historically one of these "high profile" events, for example. So while you can get cleared of OVI charges in Ohio, arguing the legality of a checkpoint isn't how you do it.
Potter Law: Your Criminal Defense Attorney Bowling Green Partner
At Potter Law, we believe it doesn't matter what type of legal situation you find yourself in - you have rights that deserve to be protected. That's why, in addition to acting as a criminal lawyer Findlay, we also offer drug defense, domestic violence defense, probate services, general litigation, and more to those in the surrounding areas. We have what it takes to fight for your rights and won't rest until we help you achieve the best possible outcome in a legal setting.
If you or someone you know is in need of a DUI attorney Bowling Green provider and isn't sure where to begin, or if you'd just like to speak to an Ohio criminal defense attorney about your own situation in more detail, please don't hesitate to contact the team at Potter Law today.
Source URL:- https://followthelaws.com/recent-ohio-dui-ovi-checkpoints-shed-invaluable-light-on-current-trends/
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It’s illegal to operate a car or truck while under the influence of alcohol or drugs. However, some people may not realize that, if you drive a boat while impaired, you may need the services of an Ohio criminal defense attorney.
In Ohio, intoxicated boating does not fall under automotive DUI/OVI. Instead, there’s a separate Operating Under the Influence (OUI) law with its own set of penalties.
What BUI/OUI Is in Ohio
ORC 1547.11 states that no one shall operate or be in control of a vessel underway, or manipulate water skis or a similar device, if that person is under the influence of alcohol and/or drugs.
A blood alcohol content of 0.08 percent or higher, as shown by a blood or breath test, is definitive proof of impairment. A level less than 0.08 can result in a conviction if other evidence of impairment is also presented in court. For anyone under 21, it’s an offense to operate a vessel with a level of 0.02 or higher.
There are also concentrations of amphetamine, methamphetamine, heroine, cocaine and PCP that constitute being under the influence.
The law applies only to watercraft that are underway. It’s not BUI if the vessel is securely affixed to a dock, the shore or a permanent structure.
BUI Penalties in Ohio
Boating Under the Influence is a first-degree misdemeanor. The penalty depends on whether the offender has prior convictions. This includes not only BUI offenses but also DUI/OVI offenses involving a road vehicle.
The penalty for a first offense is three days to six months in jail and a fine of $150 to $1,000. A judge may suspend the jail sentence and require the offender to complete a drivers’ intervention program.
A second offense occurs when there has been one BUI or OVI within the past six years. The penalty is 10 days to six months in jail and a fine of $150 to $1,000. Again, a judge may order a drivers’ intervention program.
A third offense (or subsequent offense) occurs where there are two or more offenses within the past six years. This can result in a sentence of 30 days to one year and a fine of $150 to $1,000. The judge may also order a drivers’ intervention program.
A BUI offender could also be required to complete a boating safety course. A DUI attorney Bowling Green can help you obtain the least severe penalty for an offense.
Implied Consent
ORC 1547.111 is an Ohio implied consent law that applies to boaters. Anyone who operates a vessel, water skis or a similar device is automatically deemed to have given consent to a test if arrested for BUI. These could be tests of blood, breath or urine to determine alcohol or drug content.
A person who is arrested and refuses to test is prohibited from operating a vessel or water skis and from registering a vessel for a period of one year. If the person is the owner of the vessel being operated, the registration certificate and tags will be impounded for one year.
If you’ve run afoul of the law, Skip Potter is criminal lawyer Findlay and criminal defense attorney Bowling Green who can fight for you to obtain the best possible result.
Sources
Ohio Boat Operating Laws | Ohio Department of Natural Resources (ohiodnr.gov)
Ohio's Drunk Boating (BUI) Laws and Penalties | DuiDrivingLaws.org
Source URL:- https://sites.google.com/view/potterlawoffice33/home
In order to be convicted of an Ohio DUI offense, not only must you have blood levels above legal limits for alcohol or drugs, but you also must be “operating” a “motor vehicle.” In order to better understand what this entails, you need to know how to define these two terms correctly.
What Is a Vehicle?
Unde Ohio Revised Code Section 4511.01, a vehicle is anything motorized that has the goal of transporting or drawing someone on a highway. The only motorized vehicle that is not considered a “vehicle” by this definition is a motorized wheelchair or similar personal assistive device, including a personal delivery device or “micro-mobility device.”
Under this law, smaller vehicles, such as motorized bikes and golf carts, fit in the definition. You can also be convicted of a DUI, also known as an OVI (operating a vehicle impaired), if you are operating a boat or ATV. Thus, if you are under the influence, opting to take a motorized bike or golf cart is not safer or in line with the law. You still stand the risk of being convicted of a DUI.
What Is “Operating”?
Second, in order to be convicted of an OVI, you must be operating the vehicle. The state’s law indicates operating is causing or having caused the vehicle to move. Sitting in the vehicle, without the keys in the ignition or the intention of driving is not considered operating.
The best way to define the operation of a vehicle in this regard is through movement. If the vehicle does not move, you are likely not operating. There are additional offenses that can apply here, though. You could be in “Physical Control of a Vehicle Under the Influence,” which is still a crime and may still require the help of an Ohio criminal defense attorney, but it has lesser penalties.
Proving DUI/OVI in Ohio
If you are charged with this crime, it is the prosecution’s job to prove that you are both “operating” and that the thing you were operating was a “vehicle.” By working with a DUI attorney Bowling Green and Findlay area residents can improve the chances that they can get the charges dismissed by finding fault in the prosecution’s case. It is actually difficult to prove blood levels accurately, and often technicalities happen that cause the case to be dismissed, and an Ohio criminal defense attorney can help you find these.
A conviction of a DUI/OVI crime in Ohio brings stiff consequences. Through the help of a criminal lawyer Findlay residents can reduce their chances of a conviction, thus reducing the risk of hefty fines and other legal penalties.
In addition, with these charges you don’t have a lot of time to make a decision. You must appear before the courts within five days, so you need to decide whether you will plead guilty or fight your charges. To decide, it’s always best to at least consult with an attorney. Choose the top criminal defense attorney Bowling Green and Findlay offer to improve your chances of success in your cast, and act quickly so you don’t miss this important window. Reach out to the Skip Potter Law Office to schedule a consultation to discuss your case now.
Source URL:- https://lawsect.com/ohio-dui-what-is-operating-a-vehicle/
On April 4th, 2023, it became illegal in most situations for drivers in Ohio to use or even hold a phone or other electronic device.
The state unveiled a public awareness campaign to draw attention to the strengthened distracted driving laws. The campaign encourages drivers to ‘Lock Your Screen Before You Rock the Road,’ and use slogans such as ‘Phones Down. It's the Law’ on marketing materials.
If you have used a phone or another electronic device while in the driver’s seat, you are not alone. Governor Mike DeWine cited research from Nationwide Insurance that found a substantial number of Ohio drivers admitted to using a phone or other electronic device while behind the wheel. More specifically, 42 percent admitted to making a phone call on a handheld device while driving, for example, 25 percent said they’ve texted, 10 have video chatted, and 5 percent confessed to watching a movie or TV.
Still, many drivers are unaware of the law. Others simply can’t resist the temptation of using their phone or electronic device. A recent survey of texts exchanged by 2,060 people behind the wheel reveals the reasons drivers continue to text and what they text about. The most commonly reported text messages included:
“Running late”
“Send me the address”
“Coming home”
“Stuck in traffic”
Clearly, the texts were not a matter of life or death, but texting while driving can be a life-threatening situation. This is especially true when the driver has been drinking.
What the Strengthened Law Means
The new law strengthens an existing law that designates the use of electronic devices or cell phones as a primary traffic offense for all drivers. This boost in designation means that police offices can now pull distracted drivers over as soon as they witness a violation. The previous law prevented officers from pulling over an adult driver for cell phone or electronics use unless the driver committed another primary traffic violation, such as running a red light or speeding. Under the older law, distracted driving was a primary traffic violation for only juvenile drivers.
The State of Ohio instituted a 6-month grace period in which law enforcement offices will issue warnings to help motorists adjust to the new law. Starting October 4, 2023, begin issuing tickets to any drivers they see violating the law.
Mistakes can happen any time police officers issue tickets, of course, including in cases of distracted driving. You may have a valid defense if there is insufficient evidence to show that you were texting or talking on your phone, for example, which can happen when the telephone company identify the date and time of a call or text, but they cannot say who made the call. This can come into play when other passengers in the vehicle had used the handheld device, for instance. Criminal lawyer Findlay can help you establish whether there was insufficient evidence to pull you over.
There are some instances in which it is not illegal to text or talk while driving. The revised code allows drivers to text or talk with a law enforcement agency, hospital or healthcare provider, fire department, or another emergency agency, for example. Someone driving a public safety vehicle may use a phone or electronic device in the course of their duties, or receiving safety-related wireless communications for emergency, traffic, or weather alerts as long as they don’t hold the phone. The updated law also allows drivers to use a speaker phone or wireless communication device for navigation as long as they don’t:
Manually enter letters, numbers, or symbols into the device
Hold the device with any part of their body
If you have been pulled over for distracted driving, contact Potter Law. Our Ohio criminal defense attorney can help you defend yourself when you have been wrongfully accused. We are the DUI attorney Bowling Green residents rely on for justice; we are also the criminal defense attorney Bowling Green needs for equal protection under the law.
Source URL :- https://sites.google.com/view/potterlawoffice02/home
Ohio law is a complex network of regulations, statutes, and court decisions. Our society would be utterly chaotic without these laws, of course, with rampant crime and unsafe streets disrupting everyday life.
However, the law is not perfect - many laws contain vague language that allows for interpretation. This means there may be subtle variations in how each lawyer or judge understands and applies the law in individual cases. These interpretations benefit the accused in some cases, but benefit the prosecution in other cases.
What is an Attorney?
An attorney has the education to provide legal advices to people and businesses. Also known as a lawyer, an attorney represents people and businesses in court, before government agencies, and in private negotiations.
Criminal defense lawyers focus their time and attention to protecting the rights of defendants; they also help their clients reduce the negative effects that being arrested and charged with a crime can bring.
Most everyday citizens have a cursory knowledge of the law. We all know it is illegal to steal, for example, or to drive while under the influence (DUI). Ohio law is very complex and is constantly changing, though, which makes it hard to understand the nuances of the law and keep up with the changes. What’s more, many crimes are not as clear-cut as they may appear on the surface - and many innocent people go to jail every year because they do not fully understand the law.
Having an attorney skilled in interpreting current law can drastically change the outcome of criminal court cases. Potter Law is the criminal defense attorney Bowling Green residents rely on for an optimal outcome in criminal cases.
Hiring an attorney experienced in handling DUI cases is especially important. Potter Law has a highly experienced DUI attorney Bowling Greenresidents need for a fair trial.
What Does it Take to Become an Ohio Criminal Defense Attorney?
To become a criminal defense attorney in Ohio, someone must earn a bachelor’s degree then graduate from an accredited law school. During law school, law students must complete courses covering criminal and civil procedure, contracts, real property, domestic relations and many other legal topics.
Following graduation, the candidate must pass a test for admission to the “bar,” which is the collective term for all practicing attorneys. This test, known as the bar examination, is a comprehensive test administered by the Supreme Court of Ohio.
To retain their licenses, all attorneys practicing in Ohio must attend and complete 24 hours of continuing education courses, including 2.5 hours in professionalism and ethics, every two years. This ensures that your Ohio attorney is up-to-date on changes in Ohio law.
What is Legal Advice?
When your attorney gives “advice,” they are providing you with a professional conclusion, drawn from many years of study and training along with many hours of research. Attorneys can practice any type of law, but most lawyers concentrate on a few specific areas of the law, such as criminal law. Because the laws are so complex, having an attorney who specializes in practicing specific types of law can improve the outcome of your case.
The Six Amendment gives U.S. citizens the right to defend themselves, of course, but representing yourself may not give you the best outcome possible. Without specific knowledge of current laws, it is possible that you
Lack of training and experience in practicing law leaves you vulnerable to a judgment against you, which may lead to a long jail sentence and stiff fines. People defending themselves in court also tend to get nervous and overly defensive under pressure. Nervousness and lack of training may even cause you to say or do things that might incriminate you.
Clearly, the best thing to do is to hire a good lawyer. For more information or to get the best outcome possible in your court case, consult with Potter Law. Criminal lawyer Findlay has the skills and experience you need.
Source URL :- https://lawssections.com/do-i-need-an-ohio-criminal-defense-attorney/