March 8, 2017

It is the age-old question that lawyers who defend drinking and driving charges get from clients, should I submit to a breath test?  The simplest answer I can give is that there is no one size fits all answer.  Certainly, if you have not had a drink or used any illegal substance than you should likely submit to the tests as they will tend to prove that you are not intoxicated.  For someone on the border however the answer is much more difficult.  The most basic advice I can give is that you should either consent to all testing or none.  The mistake I generally see is people who submit to the field sobriety testing but then refuse the breath test.  In t...

February 24, 2017

For years, it has been the general practice of many of the municipal courts in Cuyahoga County and throughout Ohio to accept pleas of “no contest” from defendant’s looking to resolve their cases.  Generally, this practice was followed by the court inquiring whether the defendant was stipulate to a finding of fact or a finding of guilt and then proceeding forward with entering a finding of guilt and imposing sentence.  However, for serious misdemeanor cases which include drunk driving or “OVI” this practice is not enough and actually requires the resulting conviction to be vacated and replaced with a finding of “not guilty.”

This conclusion has been...

February 23, 2017

DUI/OVI Conviction We Got Reversed and Remanded by the Eighth District Court of Appeals Where The Municipal Court Did Not Properly Take A Plea:

https://www.supremecourt.ohio.gov/rod/docs/pdf/8/2017/2017-Ohio-189.pdf

 

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E.L.

J.S.

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