Smith's Law Offices strive to obtain a complete dismissal of OVI charges, resulting in no fine, no penalty, no criminal record, and no court costs. OVI’s involve mandatory minimums, can never be expunged, and can dramatically affect auto insurance rates. Given the risk of these penalties, some clients choose to accept plea offers Smith's Law Offices are able to obtain from prosecutors. Here are some of the options that an experienced DUI attorney may be able to obtain.
The days of assuming a first time OVI will be pled down, especially without legal representation, are long gone. These pleas must be fought for, by arguing the weaknesses of the prosecution’s case and demonstrating mitigating factors. They are not a cafeteria menu to choose from, but rather potential options that an aggressive OVI defense lawyer may obtain for you.
At Smith's Law Offices, our first and primary goal is to obtain a dismissal of any OVI charges. However, we also obtain plea offers that we discuss with our clients, so they can decide what is the best option given their particular circumstances and desires. To enhance your chances of achieving a dismissal of your OVI, or to obtain a plea that is satisfactory to you, contact Smith's Law Offices today.
We provide value-based legal services that are client centered and results driven, as well as free initial telephone consultations. We offer flat fees, payment plans and accept credit cards for convenience.
Contact us now for a free, no obligation, confidential legal consultation to protect your rights today.
An individual charged with an OVI is also often charged with other offenses at the same time. For example, the initial reason the police officer made the traffic stop may result a citation for speeding, going left of center, failure to control, possession marijuana or possession of marijuana paraphernalia, or failing to have the license plate illuminated.
These penalties for these other citations are often only fines with no risk of jail time. Smith's Law Offices may obtain a plea to dismiss the OVI charge in exchange for pleading to these more minor charges.
The definition of Physical Control involves, “being in the driver's position of the front seat of a vehicle . . . and having possession of the vehicle's . . . ignition key or other ignition device,” while under the influence.
This offense is a First Degree Misdemeanor, for which the penalty can range up to 180 days in jail and up to a $1,000 fine. However, the mandatory minimums penalties of an OVI are not required, no points are accessed to the driver’s license, auto insurance rates should not be affected, and no suspension is mandated. Further, it is not a rung in the ladder that would lead to increased penalties for any future OVI charges.
The definition of Reckless Operation involves, operating a vehicle, “on any street or highway in willful or wanton disregard of the safety of persons or property.”
Depending upon certain factors, the penalty can range from a Minor Misdemeanor (maximum of $150 fine) to a Third Degree Misdemeanor (maximum of $500 fine and 60 days jail). It also results in 4 points being assessed to the driver’s license and the court may impose a 6-month to 3-year license suspension. Although it is a moving violation and may affect auto insurance rates, the mandatory minimums penalties of an OVI are not required. It also is not a rung in the ladder that would lead to increased penalties for any future OVI charges.
Disorderly Conduct is frequently referred to as somewhat of a catch-all offense. The definition of Disorderly Conduct states that, “No person shall recklessly cause inconvenience, annoyance, or alarm to another by doing any of the following:
(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;
(2) Making unreasonable noise or an offensively coarse utterance, gesture, or display or communicating unwarranted and grossly abusive language to any person;
(3) Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;
(4) Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender;
(5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender."
Additionally, the definition states that, “No person, while voluntarily intoxicated, shall do either of the following:
(1) In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if the offender were not intoxicated, should know is likely to have that effect on others;
(2) Engage in conduct or create a condition that presents a risk of physical harm to the offender or another, or to the property of another."
Depending upon the circumstances, the penalty can range from a Minor Misdemeanor (maximum of $150 fine) to a Fourth Degree Misdemeanor (maximum of $250 fine and 30 days jail). The mandatory minimums penalties of an OVI are not required, no points are accessed to the driver’s license, auto insurance rates should not be affected, and no suspension is mandated. It also is not a rung in the ladder that would lead to increased penalties for any future OVI charges.
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Rocky River, OH 44116
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Port Clinton, Ohio
South Euclid, Ohio