How to Avoid a DUI

probstlaw1_avoidDUI_feature1

Avoiding a DUI or OVI can protect you from fines, jail time and a whole host of consequences for your future.

If you’ve already had a chance to read our latest blog, then you know that, on average, an OVI conviction in Ohio will cost you roughly $7,000. In addition to the financial consequences of being charged and convicted with an OVI, you may have to face incarceration and license suspension, not to mention the many consequences that an OVI conviction can have on your reputation and record. All in all, you’re much better off avoiding an OVI in the first place.

handcuffs1What can you do to avoid an OVI?

  • Don’t drink on an empty stomach – If you are going to have a drink before getting behind the wheel, the effects will be compounded if you haven’t had anything to eat that day.
  • Follow all traffic laws – An officer has to have a reason to pull you over, and if you follow all traffic laws to a T, you won’t give them a reason.
  • Know where sobriety checkpoints are located – Sobriety checkpoints, also called roadblocks, don’t have to be a surprise. In fact, you can learn where these checkpoints all around Ohio are located by checking roadblock.org.
  • Don’t get distracted while driving – While it may be okay to mess around with the stereo or the air conditioning when you’re completely sober, if you’ve had a drink, your reaction times will be slower and it’ll be much easier to get distracted. If you’ve had a drink, minimize all distractions and put all of your focus on driving.
  • Ensure that your vehicle is in good condition – Again, the last thing that you want is to give an officer a reason to pull you over, such as an expired tag or a taillight that has been burnt out.
  • Keep your license, proof of insurance and registration handy – If you are pulled over, you can give an officer reasonable suspicion to perform a field sobriety test if you are fumbling around for your license, registration and proof of insurance. Make sure these things are always easy to access and handy.

The easiest way to avoid an OVI? Don’t drink and drive.

Although all of the above tips could help you avoid an OVI, the only surefire way to avoid one is not to drink and drive at all. Regardless of how well you are driving, if you’ve had enough to eat or not and if your vehicle is in good condition, when you drink and get behind the wheel, you are at risk for an OVI.
ProbstLawOfficeInc_CTA_1

Don’t face the consequences of an OVI alone.

If you’ve been charged with an OVI in Ohio, the consequences can be severe and life changing; don’t face them alone. Our criminal defense attorney has helped people all over Columbus with many different charges, and we’ll provide you with the experienced representation you need when you need it most. Let our attorney work to protect your rights and minimize the consequences of your OVI charge. Schedule your free consultation with Probst Law Office online today.

 

Can You Afford an OVI?

probstlaw2_OVI_feature2

It’s no secret that getting an OVI can be expensive.

You’ve probably heard a thing or two about just how pricey it can be to be convicted of an OVI, which is what we call DUIs here in the great state of Ohio. However, it’s difficult to truly understand just how much of a financial burden an OVI can be until you’ve actually had one. At Probst Law Office, we believe that knowledge is power, and that’s why we’ve come up with this guide on the true costs of an OVI conviction in Ohio:

Prior to Court:

jail1Bail

The first time you are arrested for an OVI, there is a 72-hour minimum jail time. If you are arrested for your second OVI in 10 years, the minimum jail time is 10 days and the maximum jail time is six months, and for the third time, the minimum is 30 days and the maximum is up to a year. Regardless of how much jail time you are facing, you don’t want to sit in a cell longer than you have to, which means you’ll be looking at bail. On average, bail for an OVI could be anywhere from $150 to $2,000.

Towing and Impound

When you are arrested for an OVI, the officer won’t give you a free pass on leaving your vehicle on the side of the road. It will have to be towed and impounded, and you will be the one responsible for paying for it. Towing and impounding your vehicle could cost $100 to $1,000.

Court Costs

Attorney’s Fees

Having an OVI on your record can make everything from finding a rental home to finding a steady job difficult, and your best chance at reducing the penalties and protecting your record is hiring the right DUI attorney in Columbus. Although fees will vary from attorney to attorney, no one wants to have to pay for attorney’s fees if they don’t have to.

Fines

Fines, just like jail time, are dependent upon how many OVIs you’ve had in the past 10 years. If this is your first offense, you’ll be looking at court fines between $375 and $1,075. If this is your second offense, the fines will be between $525 and $1,625, and if this is your third offense, the fines will be between $850 and $2,750.

Other potential court costs to be aware of:

  • $100 – Penalty Assessment
  • $50 – Alcohol Abuse Education Fund
  • $100  – State Restitution Fund
  • $37 – Jail Cite-and-Release Fee
  • $37 – Breathalizer/Blood Test
  • $500 – License Reissue Fee
  • $375 – Alcohol Awareness School
  • $150 – Ignition Lock

After Court

If all of the other financial penalties were not enough, getting convicted of an OVI can have a range of other impacts on your wallet as well. The cost of insurance, for example, could quadruple for as many as three years after an OVI. Having your license suspended could also make it difficult to get to work, keep your job or even find a new one, so you also have to consider the potential for lost wages.

ProbstLawOfficeInc_CTA_1

Don’t face an OVI alone.

On average, being convicted of an OVI in Ohio will cost you around $7,000. Hiring the right DUI attorney ASAP is essential for your case, and they may be able to minimize or even eliminate the consequences of your OVI charge. Contact us at Probst Law Office today to get started.

 

Don’t Wait to Hire a Defense Lawyer

ProbstLawOfficeInc_Feature_1
When you’re in need of a criminal defense attorney in Columbus, don’t wait to get the representation you need.

Are you facing criminal charges? Whether you’re facing charges relating to a DUI, theft, a white collar crime or anything else, chances are, you’re going to need to find an experienced defense lawyer to represent you. At Probst Law Office, we know that, in the midst of dealing with criminal charges, the very first thing you should do is to call an attorney, but we also know that it can be tempting to try to handle the case on your own, especially if your charges are minor. However, even minor charges can have unforeseen consequences, and it’s important to have legal advice and representation early on in the process. One of the biggest mistakes people make when facing criminal charges is to put off finding an attorney until they have no other option, but there are many reasons to avoid procrastinating when it comes to hiring a defense lawyer:

#1. Your lawyer may be able to negotiate the charges or have them dismissed.

Did you know that you don’t even have to wait until the charges have been formalized to hire a lawyer? Finding a lawyer immediately after you are arrested makes it possible for your defense attorney to either negotiate your charges or have them dismissed altogether before they are even formalized. Once the charges are finalized and the case commences, it’s a lot more difficult to get a dismissal.

ProbstLawOfficeInc_CTA_1
#2. You’ll have an experienced spokesperson on your side.

It’s completely natural to feel defensive and upset when you are accused of something, which makes it all too easy for you to inadvertently damage your own case when you’re telling your side of the story. Hiring a lawyer early on allows you to explain your situation in full and in confidence to your lawyer, who can then communicate with the court and the prosecution for you. This greatly reduces the risk of unknowingly or accidentally damaging your case.

#3. Your lawyer will have more room for bargaining.

Hiring a defense attorney as soon as possible gives you a better chance for a positive outcome because it gives your attorney more room for negotiations. Whether your attorney wishes to negotiate the plea bargain, the authorization of your charges or the charges themselves, the earlier in the process they can negotiate, the easier it will be. Give your attorney the most bargaining power by calling them as soon as possible after an arrest.

Have you been arrested or are you facing criminal charges?

If so, don’t put off hiring a defense attorney or attempt to face the consequences alone. At Probst Law Office, our criminal defense attorney in Columbus will fight for you every step of the way, and the earlier you turn to us, the better the chance you’ll have of getting the outcome you’re looking for. We offer free consultations, and our experienced attorney can represent you for a variety of charges. Turn to a knowledgeable attorney you can trust by turning to Probst Law Office. Schedule your free consultation today.

 

 

Understanding Your Miranda Rights

Most Americans are familiar with the Miranda warnings, often because we hear it repeated in television crime dramas and cop movies.   It’s a staple of the American justice system and rightly so.  Also known as the Miranda rights, this warning is often recited by police upon issuing an arrest. However, these rights are only triggered during a custody interrogation. In other words, police officers are required to advise you of these rights if you are in custody and they are questioning you about the offense in an effort to elicit responses that may be used against your interest.

It is a federally mandated requirement, adopted by the State, that serves two purposes; it protects a citizen who is arrested and in custody from unknowingly incriminating him/herself, and it ensures that any evidence or testimony obtained during the custodial interrogation is not illegally or unconstitutionally obtained

While the exact wording can vary in different jurisdictions, the primary elements are as follows:

 

  • You have the right to remain silent.
  • Anything you say or do may be used against you in a court of law.
  • You have the right to speak with an attorney before speaking to the police and to have an attorney present during questioning.
  • If you cannot afford an attorney, one can be appointed for you.
  • If you decide to answer any questions now, without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
  • Do you understand these rights as I have read them to you?

 

This warning is issued to you because if you’re being arrested and questioned while in custody, it’s safe to assume you are suspected of a crime.  In times of intense adrenaline and high emotions, you could say things that can later be used as evidence against you in trial. It is always advised to exercise your constitutional right to remain silent and say nothing to law enforcement officers outside the presence of an attorney, as voluntary statements made in the absence of a custodial interrogation can be admissible and used against you in court. You should always ask to consult with a lawyer before speaking to police so that you protect your rights and interests. Invoking your rights does not mean that you are being uncooperative with law enforcement officers. Invoking your legal rights also does not mean that you are obstructing official business or obstructing justice.

If you have been arrested or know someone who has and is looking for legal advice, call Michael Probst today to speak directly with a veteran criminal defense lawyer.

Accumulating Points on Your Ohio Driver’s License

In the state of Ohio, various traffic violations and convictions can add demerit points to your driving record that accumulate over time resulting in larger, more serious punishments.   If you accumulate 12 points on your driving record over a period of 2 years, the courts will impose a 6 month suspension of your driving license.

A suspension like this can cause a serious inconvenience for a working professional, not to mention the penalties you normally face with your insurance provider for diminishing your driving record.  These things can be expensive and it usually takes an experienced Columbus Traffic Attorney to reduce your punishment and clear your points.

Here is a list of traffic offenses that can result in points on your license, based on the Ohio Revised Code 2014.

 

OFFENSE POINTS OHIO REVISED CODE REF
DUI-OVI Alcohol/Liquor/Drugs 6 4511.19A
DR Without Vehicle’s Owner Consent 6 2913.03
Motor Vehicle Felony 6 2913.02
Hit Skip/Leave Scene 6 4549.02/021
Driving Under Suspension/Revocation 6 4510.11 (C)(1)
Drag Racing/Street 6 4511.251
Flee/Elude Officer 6 2921.331 (A) & (B)
Stop Sign 2 4511.43
Traffic Control Lights 2 4511.13-15
Violation at RR Crossing 2 4511.61-64
Traffic Cont Dev/Signs 2 4511.12
Hit-Skip Private Prop 2 4549.03
Vehicular Assault 6 2903.08 (A)(2)
Speed (# in excess of speed) 4/2/0 4511.21
Slow Speed 2 4511.22
Driving Under FRA Suspension 6 4510.16(A)
Following To Close 2 4511.34
Speed (# in excess of speed) 4/2/0 4511.21
Speed Commercial 4/2/0 4506.16
Disregard of Safety 4 4511.20
Disregard of Safety on Private Property 2 4511.201
One Way Traffic Violation 2 4511.32
Driving Left of Center 2 4511.29-30
Failure to Yield to a Pedestrian/Blind Person 2 4511.46-47
Crossing Yellow Line 2 4511.30
Right Side of Roadway 2 4511.25
Crossing Divided Hwy 2 4511.35
Traffic Lanes/Lines/Safety Zone Violation 2 4511.30-60
Failure to Yield the Right of Way 2 4511.41-42
Opposing Vehicular Traffic Violation 2 4511.26
Improper Passing 2 4511.28
Violation When Being Passed 2 4511.27
Stopped School Bus Violation 2 4511.75
Operating without Due Regard for Private Prop. 2 4511.201
Unsafe Operation on Private Property 2 MUNICIPAL CODE
Reckless Operation on Private Property 2 MUNICIPAL CODE
Without Due Regard 4 4511.201
Unsafe Operation 4 MUNICIPAL CODE
Reckless Operation 4 4510.15
Disobey/Interfere Police Order 2 4513.36
Assured Clear Dist 2 4511.21(A)
Violation of Starting/Backing 2 4511.38
Driving on Closed Hwy 2 4511.71
Dropping/Placing Material on Roadway 2 4511.74
Violation of Restriction 2 4510.11
No Drivers License 2 4510.12(A)
Loss-Physical Cont of Vehicle 2 MUNICIPAL CODE
Prohibited U-Turn 2 4511.37
Improper/Prohibited Turn 2 4511.36
Violation of Not Using Turn Signals 2 4511.39
Failure to Turn 2 4511.36
Failure to Control – Auto Accident 2 4511.202
Aggravated Vehicular Homicide 6 2903.06A (2)
Driving Under DUI-OVI Suspension 6 4510.14
Aggravated Vehicular Assault w/Alcohol 6 2903.08
Aggravated Vehicular Assault 6 2903.08(A)(1)
Vehicular Homicide w/Alcohol 6 2903.06(A)(1)
Involuntary Manslaughter w/Alcohol 6 2903.04D
Physical Control – Vehicular Intoxicated 2 Pending Legal Opinion
Impaired Alertness (CDL) 2 4511.79(A)
OVUAC – Underage DUI 4 4511.19B
Failure to Control/Weaving 2 MUNICIPAL CODE
4th DUI-OVI-Felony 6 4511.19/99
No Temporary Permit/No Adult 2 4507.05 F1
Curfew Violation of Temporary Permit 2 4507.05 F2
Curfew Violation of Driving License 2 4507.07 1B
Failure to Yield to a Funeral Procession 2 4511.451
Unsafe Operation Around Emergency Vehicle 2 4511.213
Aggravated Vehicular Homicide with Alcohol 6 2903.06(A)(1)
Vehicular Manslaughter 6 2903.06(A)(4)
Vehicular Homicide 6 2903.06(A)(3)
Failure to Reinstate Drivers License 6 4510.21 (B)
Involuntary Manslaughter 6 2903.04
Driving Under 12 Point Suspension 2 4510.037(J)
Weigh Station Violations 2 4511.121
Vehicle Controlled Substance 6 4506.15-16
DUI-OVI Refusal 6 4511.19(A)(2)
Driving w/o required endorsement 2 4506.03(A)(1)
Unreasonable for Conditions 2 4511.21(A)
Driving Commercial Vehicle While Disqualified 2 4506.15(A)8
Fatality thru Negligent Operation of Comm. Vehicle 2 4506.15(A)9
Driving CMV Without Obtaining a CDL 2 4506.16(D)1
Driving Comm. Vehicle w/o CDL in Possession 2 4506.03(A)1
OVI/BAC .17 or above 6 4511.19(A)(1) f, g, h, i
Unsafe Operation/Passengers 2 4511.51(D)(E)(F)
Obstructed View 2 4511.70
Headphones 2 4511.84
Towing Violation 2 4513.32

 

To obtain a copy of your Ohio driving record report, you can request one from the Department of Motor Vehicles.

Often times, the Ohio Bureau of Motor Vehicles will allow you to attend a driving safety course approved by the Bureau to extend the maximum allowed points in a 2 year period from 12 to 14.  If you have excessive points on your Ohio driving record, contact Probst Law today for a free consultation.

Ohio Supreme Court: No automatic sealing of records for pardon

For someone who has been convicted of a criminal offense, there is perhaps nothing more relieving than learning that they’ve been granted a pardon by the Governor, which is defined by the Ohio Department of Rehabilitation and Correction as “an act of grace or forgiveness that relieves the person pardoned from some or all of the ramifications of lawful punishment.”

Interestingly, the Ohio Supreme Court was recently called upon to decide a case examining the extent to which a person can benefit from their gubernatorial pardon.

The case in question involved a Cleveland woman who was convicted of multiple property crimes, including theft and receipt of stolen property back in the 1990s.

In 2007, she submitted a request for a pardon to the Ohio Parole Board, which then voted unanimously to provide a clemency recommendation to Governor. Two years later, then-Governor Ted Strickland issued a pardon to the woman for her property crimes.

Sometime after the issuance of the pardon, the woman attempted to have her convictions sealed in the local courts, arguing that she was entitled to this action as part of her pardon. However, these efforts were denied by the courts.

The woman then filed an appeal with the 9th District Court of Appeals, which affirmed the decision of the lower courts.

Undeterred, the woman pursued the matter all the way to the Ohio Supreme Court, where she argued that the inability to seal her record would essentially negate the benefits of the pardon, as she would still suffer from the lasting negative effects of her prior convictions, including difficulty securing employment, public benefits, housing, etc.

Here, the court disagreed with this argument and affirmed the decision of the lower court, holding that there is no Ohio case law declaring that the sealing of a criminal record must automatically accompany a pardon, and that the Ohio Constitution “expressly contemplates that a record of the conviction and the pardon will be maintained.”

“[A]lthough a pardon grants the recipient relief from any ongoing punishment for the offense and prevents any future legal disability based on that offense, it does not erase the past conduct,” reads the opinion. “In other words, what’s done is done.”

The court also noted that it is within the power of the General Assembly to make automatic sealing of a criminal record a direct result of a pardon, but it has yet to take this step.

Accordingly, the court held that the woman was not entitled to an automatic sealing of her criminal record and must proceed with the process like all other parties under current state law.

If you would like to learn more about expungements/sealing of records, consider speaking with an experienced criminal defense attorney to learn more about your options.

Source: The Plain Dealer, “Supreme Court rules that a governor’s pardon does not automatically seal records of the crime,” Robert Higgs, Oct. 23, 2013

3 Ziploc bags leave 21-year-old in custody in Ohio

A report was released this week that “Ohio State Highway Patrol troopers seized almost $4,500 worth of marijuana” when they pulled over a young driver and searched his vehicle, which equates to three large Ziploc bags. The young driver was a 21-year-old boy from Canton, Ohio.

The scenario leading up to the arrest of the young adult was a common one. The young adult was driving along Interstate 80 when a patrol officer entered the highway. The officer noticed that the driver did not have a license plate on the front of his vehicle and thus pulled it over.

When the officer approached the vehicle, he noted in his report that he smelled a “burnt marijuana” odor emanating from the inside of the Dodge Charger. The 21-year-old is currently being held at the Lorain County Jail on charges of marijuana possession and trafficking due to the amount

An odor is a suspicion that something in the vehicle created the smell. It is not such an illogical assumption — especially when drugs of some kind are eventually found, right? Sure, it may be logical and definitely more so with the hindsight of knowing what is resting somewhere in the car.

It is important to remember that simply because drugs were eventually found in a vehicle, a residence or even on the person it does not mean that the evidence was properly obtained. Even evidence that seems like conclusive proof cannot be used at trial when obtaining it violates an individual’s constitutional protections.

Source: 10-TV, “Ohio Lawmen Seize $4,500 In Marijuana During Traffic Stop,” March 18, 2013

Our Ohio criminal defense firm handles cases involving marijuana possession or trafficking. Visit our website to learn more about Fourth Amendment constitutional rights involving unreasonable searches and seizures.

Greyhound passenger arrested in Ohio for selling LSD on bus

Drug deals could happen in just about any venue. Generally, those selling the drugs may try to sell their particular type of drug in an area that has people who may be likely to purchase the particular type of drug. Although this may be a general theory, an accused drug dealer who was recently arrested in Ohio took a more adventurous method to sell his particular drug.

The man accused of the drug sales was riding a Greyhound bus as a passenger. The Greyhound bus was traveling through Ohio, with a destination city in Iowa — but the bus was stopped short of its destination. While the bus was traveling through Ohio, local Ohio state troopers arrested the passenger who was allegedly dealing drugs pursuant to an anonymous tip.

The anonymous tip alerted police to a man who was a passenger on the bus and who had a red box, and was allegedly selling drugs on the Greyhound bus. It was alleged the passenger was attempting to sell the drug LSD to Greyhound bus passengers as they boarded the bus in Ohio. The Ohio state police boarded the bus, identified the man described in the anonymous tip, arrested the man and confiscated the man’s personal possessions. Amongst the man’s personal possession was a red box that contained 144 doses of the drug LSD.

Following the arrest of the alleged drug-dealing passenger, the man was taken to a local Ohio jail. The man has been charged with drug possession of LSD and drug trafficking of LSD. It was reported the confiscated LSD had a street value of $725.

Source: WDTN, “Drug tip leads to arrest suspected LSD dealer,” David Robinson, Aug. 21, 2012

  • Our firm handles cases such as drug trafficking and sales and provides information for individuals who have been accused of a related offense.

Ohio massage parlors never got adequate notice, hearing postponed

Every person accused of committing a crime has the right to defend against the charges. Part of this right is not only that people have a chance to defend, but that they have the appropriate amount of time in which to build a meaningful defense.

Eight massage parlors in Ohio were recently shut down after they were accused of promoting prostitution. The parlor owners were charged with sex crimes when their establishments were shut down after a raid was conducted on May 30. A hearing to address the closures was scheduled for Monday, June 18 but the parlor owners only received notice of the hearing on Thursday or Friday, only a few days before it was set to occur.

A weekend was considered insufficient time under Ohio law to prepare for the hearing and it was rescheduled for 9 a.m. next Monday, June 25.

As a part of the hearing, 15 of the men accused of soliciting prostitution at the parlors will testify about what they observed while at the establishment. Each of these individuals could be granted immunity if it is determined that what they say during their testimony is truthful.

The result of the hearing could mean that the closing of the parlors permanently or temporarily. During the remainder of the time until the hearing, the temporary restraining order will remain in place and the parlors will stay closed pending the judge’s decision.

Although the media has already made their conclusions as to what occurred at the massage parlors, none of the accusations have been proved in a court of law. The owners of these establishments rely on the income and every day that they remain closed is one more day without income. If your livelihood is on the line, you will want to defend against charges that could put a permanent end to your business.

Source: vindy.com, “Hearing on massage parlors is postponed,” Ed Runyan, June 19, 2012