Home Archives 2011 February

Monthly Archives: February 2011

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After a little bit of warm weather last weekend the full anger of winter is back upon us today. As such, our weekly calls to local police stations produced no checkpoints to speak of this week.

That said, they’re coming. Several of the stations we talked to discussed the fact that they were mulling over doing checkpoints or saturation points for the upcoming St. Patrick’s Day.

Of course, even with no checkpoints on the books, we hope you drive safe this weekend. Remember to designate a driver if you’re going to go out and drink.

We’ll see you next week. Remember that if you need an attorney for DUI/OVI you can call us.

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A warm and happy Friday to you, Northeast Ohio. We hope all is well with you as the temperature hits almost 60 degrees today.

The warmer weather means the patios at many local restaurants have opened up and the atmosphere at most places has officially been set to spring break mode. That’s all wonderful, but, of course, that means there will be more drinking and driving this weekend. We did our weekly list of calls to see if any local cities were running checkpoints this weekend due to the weather, but the uncharacteristic warmth seems to have caught everyone off guard. Across the board we heard nos, but be warned: The cops know it’s warm and they know that it means more people are going out. What do we always say? Designate a driver. Do it.

As always, we do not condone drinking and driving in any way. We want you to be sure to designate a driver if you’re out and about this weekend. Should you get caught up in a jam with OVI or DUI, however, we will make sure your rights are taken care of. Feel free to contact us to talk about your options.

Happy weekend. We’ll see you next week.

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At Taubman Law we never condone drinking and driving, but when people are arrested for OVI/DUI we also want to be sure their rights are protected. We recently had a case where a client was pulled over in Berea, Ohio, around 3 in the morning for following too closely. The defendant submitted to field sobriety tests, which he failed. At that time he was taken to the police station where he refused to take the breathalyzer test and received an ALS (academic license suspension) for one year, was charged with OVI and with following too closely. Unfortunately during his arrest he also complicated matters by trying to talk his way out of the situation with arresting officer.

Despite all of this, after numerous hearings – including a motion to suppress, Taubman Law was able to get the charges reduced to physical control (which adds no points on the license. Moreover, a few weeks later a motion was filed to terminate the ALS suspension, and that was granted.

At Taubman Law we are dedicated to helping our clients to the best result possible. If you have been charged with an OVI, don’t take the risk of taking the case on by yourself. Contact us to get the help you need.

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Good Thursday to you, Northeast Ohio. We hope you and your computer aren’t too frozen to enjoy some time with your friends at the Ohio OVI blog.

It looks like the cold temperatures have prevented any checkpoints in the Cleveland/Akron area for this weekend. At least, that’s the case with the police stations we called. As always, however, we still want you to drive safely. Remember, drinking and driving is never a good idea, even if you think the brisk air will wake you up.

That said, last week we challenged you to give us more cities in Northeast Ohio to call during the creation of our weekly checkpoint list. We do a good chunk of the area but would love feedback before the heavy checkpoints start again in the spring. We heard from some of you via Twitter and Facebook, but need more help. Got any ideas? Comment below and we’ll add them to the list (assuming we’re still talking about Northeast Ohio).

That’s all for now. Have a great weekend. If you’re in need of OVI/DUI defense, feel free to contact us.

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Ok, so maybe it won’t be with a vengeance, but some of you may have noticed that we haven’t been doing as much with our Ohio OVI Blog lately. The fact of the matter is, there isn’t much to do. The winter weather has limited the number of drivers on the road and the number of police checkpoints being run.

But, whether you can believe it or not, spring is approaching. Here comes the sun!

With the sun will come, unfortunately, more drunk driving accidents. This means checkpoints throughout Northeast Ohio. Now, we already call more than 25 stations on Thursdays to see if they are running checkpoints, but we’re willing to call more. Have a city/town/county we don’t check that you’d like us to start calling? We’ll add them to the list (caveat: Northeast Ohio only. Sorry, Athens County friends and fans). Comment here or hit us up on Facebook or Twitter (@OhioOVINetwork).

As always, our number one goal is to report public information and keep the streets safe. Drinking and driving is a bad idea. If you drink, don’t drive. That’s the one thing we know.

As we begin to make more calls and expand our presence, we’d also like to reach more people through social media. Our goal: 1,000 followers on Twitter and 1,000 fans on Facebook this summer. If that sounds like something you can vibe with, like us at the top of this page or find us on Twitter (@OhioOVINetwork).

That’s all for now. Have a great weekend.

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Snow. Ice. Snow. Ice. Cold. Are you as tired of it as we are?

Let’s not discuss it any further. The fact of the matter is, the weather has us down, but we’re still trying to go about our business here at Taubman Law. In so doing, we made our regular calls to local police stations to find out if there are any DUI/OVI checkpoints this weekend.

From our calls, it looks as though the snow and ice is also preventing the law from scheduling anything. We couldn’t find an area in Northeast Ohio that was having a checkpoint but, as always, that doesn’t mean you can ignore your responsibility to drive safely. The snow and ice make roads treacherous enough. If you’re going to be out and about having a drink, designate a driver. Trust us, it’s safest that way.

That’s all for this week. Stay warm and dry. If you need us for anything from OVI/DUI defense to workers’ comp claim help, give us a buzz.

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In Ohio there are two instances where you can be given a breath test by a police officer. The first, the portable breath test, is generally administered during the initial traffic stop. Here’s what you need to know: This test is never mandatory and is not admissible in the court of law. Taking this test and failing will only lead to more evidence against you if you’re charged with OVI/DUI. There is no reason to consent to the portable DUI test.

If you fail this test, the officers will arrest you and take you back to the station to do another breath test on an approved device. Currently, there are two approved breath-testing devices in Ohio – The BAC Datamaster and the Intoxilyzer 5000. At this time you will be told you can blow or refuse. A refusal to blow at this point will be an automatic suspension of your license for a year and could have other repercussions if you have a CDL. If you choose to blow and are above the Ohio legal limit of .08, you will be charged with an OVI/DUI and booked. More importantly, if you are booked and have blown above .169 you will be charged with a Super DUI. It’s important to assess your own condition at this point.

Refusing to blow or blowing above the legal limit does not mean that you don’t have a chance to be found not guilty or have your charges reduced.

In the last year we’ve had two situations at Taubman Law where drivers have refused to take the breathalyzer at the station and another case where the driver blew above .169 in the station. We were able to work with each case and ensure the best result possible.

In first one, in Berea, the driver was pulled over for following too closely and submitted to a field sobriety test, which he failed. After a motion to suppress, we were able to get the charges knocked down to a reckless operation, our client was able to get his license back within nine months and was granted occupational driving privileges as soon as the statute allowed.

In another case, we represented a person stopped in Vermillion for weaving and driving erratically. He failed his field sobriety tests and refused to take a breathalyzer. We were able to have his charges reduced to physical control, which carries no points and the client was allowed work privileges.

Finally, in a case where one of our clients blew above .169 and was charged with a Super DUI in Bedford, we were able to work a good plea accommodation. Charges were reduced to regular DUI and the client didn’t have to go through the embarrassment of having yellow ‘party’ plates or having an ignition lock. The client also served no days in jail and received driving privileges.

That’s all for this time. Feel free to ask a question in the comments field or contact me at briantaubman[at]taubmanlaw.net for more information. If you’re interested in my firm, Taubman Law, visit us at TaubmanLaw.net.