We don't like to brag at Taubman Law, but occasionally we tip our own hat when we successfully defend one of our clients.
I pride myself at diligently working every OVI/DUI case that comes across my desk. I don’t go into Court one time and simply plea out my client to an OVI. I take these things very seriously. An OVI is always on your record, it can never be expunged and can affect you livelihood. If a person blows high (above .170 in Ohio) and we work at negotiating down the high tier, keeping him/her out of jail, filing motions to suppress, making sure there are no yellow (party) plates, keeping an interlock device out of the car, driving privileges etc.
Attorneys (or at least this one) wish we can beat every OVI/DUI that comes across our desks, but sadly this is impossible. Some people’s past history, the particular situation leading to their arrest how high the BAC was, and many other factors contribute to what a lawyer can and can not accomplish. However, many times the facts involved in the case help reduce the penalties for an OVI and when i do manage to get the OVI reduced the relief on my client’s faces make make it worth practicing law. I thought I would briefly share my last three OVI results since its been quite sometime since I have.
Client 1 – Was pulled over in Portage County for not having properly displayed license plates. She passed two out of three field sobriety tests and choose to blow at the station, where she blew .112. After reviewing the evidence, I filed a motion suppress the stop based on a lack of probable cause. At the day of the hearing, we were able to negotiate a lesser charge. My client still had to do a DIP program but doesn’t have to have an OVI charge lingering on her permanent record
Client 2 - Was driving on 1-480 around 2:30 am and was caught speeding via pacing. My client failed the HGN test but passed the walk and turn and one legged test. He blew in the portable breathalyzer (which you are not legally required to do) and blew a 0.10 After reviewing the evidence, and multiple court appearance, we were able to get the OVI reduced. He was sentenced to a DIP program, AA meetings and community service.
Client 3- My client got into a one car accident and was taken to the hospital. The accident occurred when she hit some ice and lost control of her vehicle. She was subsequently taken the hospital and blood was drawn. Her results came back showing a BAC above .170. In Ohio anything above .170 is automatic jail time. I was able to get the high tier OVI reduced and other charges dropped. She did the DIP program and AA meetings but no jail time.
While results may vary, the one thing that is constant is the hard work you will get at Taubman Law.
While I may defend OVI’DUI’s throughout Ohio, I in no way promote drinking and driving. Designate a driver, if you need a lawyer contact us.
And checkout our new website, we think it’s pretty cool
This Labor Day weekend, troopers were cracking down on drug activity and aggressive drivers. Troopers made 263 drug arrests – more than a 32 percent increase – throughout the holiday reporting period of Midnight on Friday, August 30 through 11:59 p.m. on Monday, September 2. In addition, aggressive driving citations were up more than 67 percent with 3,727 drivers cited and OVI arrests were up nine percent with 762 drivers arrested.
Labor Day weekend is historically known for being a dangerous time on Ohio roadways, and this year was no different. Despite the death of 13 people, who were killed in 11 crashes this year, Ohio experienced a decrease of a fatality when compared to 2012 when 14 people died in 14 crashes. Of those killed, three were attributed to an impaired driver and six were motorcyclists.
“While one fatality is one too many, it is encouraging to see a reduction in deaths this holiday weekend,” said Colonel Paul A. Pride, superintendent of the Patrol. “Ohio’s troopers were out in full force this holiday weekend and their efforts undoubtedly saved lives.”
The Patrol saw a significant increase in safety belt citations – with an increase of over 23 percent when compared to last year. Overall enforcement was up more than nine percent, with troopers stopping more than 29,000 vehicles in which a citation was issued.
For a complete breakdown of the Patrol’s Labor Day enforcement, please visit www.statepatrol.ohio.gov.
With St. Patrick’s Day coming up we are planning an extensive checkpoint list for you this week. In the meantime, however, we want to remind you that drinking and driving isn’t safe and the cops are on the lookout for drunk drivers.
We do that by telling you about a case we had from last St. Patrick’s Day. We had a client who was pulled over in Solon for expired tags. Once pulled over, the police noticed signs of intoxication – I.E. smell of alcohol, glassy eyes and slurred speech. Our client admitted to drinking a beer and subsequently failed the sobriety test.
Taken to the police station, he blew a .175, which put in him in position to receive a Super DUI. As we’ve often mentioned, Super DUIs are quite damaging to your long-term record. Fortunately for our client, after a few court appearances we were able to negotiate the plea to a regular DUI. The client received no time in jail, no yellow plates and was able to get driving privileges within two weeks. Although at Taubman Law we pride ourselves on being able to beat nearly every OVI case we face, sometimes the best result still leaves a mark on the record.
This case is a good reminder for people about their rights. Remember, you never have to perform field sobriety tests. Also, sometimes it is better not to blow in the breathalyzer.
As always, if you have an OVI case you need help with, contact us today to make sure your rights are protected.
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.
Our defendant was pulled over in Vermillion, Ohio, for speeding. After submitting to a field sobriety test and failing, the defendant was arrested and transported to the police station. At the station he refused the BAC and was subsequently charged with an OVI and an ALS suspension for a year.
After three appearances in court, various motions and extensive negotiations with the prosecutors office we were able to get the charges reduced to failure to control (zero points on the license). In addition, we were able to get our client very liberal occupational driving privileges during this time. We are currently working to get the court to drop his ALS suspension four months premature to the year.
Having a legal issue and need client service? Call Taubman Law and let us defend your rights.
We recently helped make sure a client got the best result possible in Garfield Heights Municipal Court. Our client was facing a Tier Three DUI, which is two total OVIs within six years along with a refusal to blow. Needless to say, this was a grave concern for our client, and we worked hard to make sure we presented the best case possible. In the end, the charges were reduced to a first time defense, ensuring our client’s criminal record wasn’t heavily damaged. Moreover, this result will keep insurance rates from skyrocketing.
If you need attorneys who will fight for your rights, contact Taubman Law today. If you would like to start by asking a few questions, email Brian Taubman.