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Happy Friday to you, Ohio.
Before you popped the cork on another fun summer weekend, we wanted to hit you with our weekly reminder to drive safely. As always, the police are on the lookout for drunk drivers, so designate your driver now.
This weekend is Krusty Fest in Cleveland. We thought that would mean a checkpoint for sure, but there are none scheduled. That said, expect saturation points around Whiskey Island, downtown and Lakewood.
Central Ohio will be a little more active. We know of two checkpoints on Friday night.
Lancaster will have one on East Main Street, just east of Graceland Drive from 9 pm to 2 am.
West Jefferson will have on on Route 40 from 9 pm to 1 am.
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It’s been a hot, hot summer, but there’s still plenty going on around Ohio.
We like to party at the Ohio OVI Blog, but we also like to designate our drivers. Let’s dive into some details about checkpoints for this upcoming weekend.
There are plenty of fun parties going on around Cleveland the next few days, including Scene’s Fourth Annual Ale Fest at Lincoln Park (not the loud band, the nice park). This means there will likely be saturation points throughout Northeast Ohio. We also know of two checkpoints in NEO.
Euclid is going to have one Friday night. It will be held near Interstate 90, but they did not release exact times.
Cleveland will have one as well. It will likely be on Saturday around W. 116 (we’d originally said W. 117). We have heard the time yet. We’ll keep you updated.
There’s plenty going on in Columbus as well. We don’t know what, because we haven’t been invited to anything. That said, there’s a checkpoint in Columbus Friday night. It will run from 9 pm to 3 am on Refugee Road, east of Courtright Road.
Finally, there is also a checkpoint in Port Clinton tonight starting at 10 pm. It will be on Perry Street and it runs through 1 am.
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OK, OK, it’s Friday night already. Please stop banging on the doors of the Ohio OVI Blog executive offices asking where our next post is. We’re running a little bit behind. We were busy commenting on some Facebook posts of old college friends.
But we’re here now and better than ever. Well, we’re here anyway.
Here’s what we know: There will be a checkpoint in Clark County tonight. We were not given details on time or location.
Here’s what we think we know: The checkpoint in Parma we had originally said was this weekend likely isn’t this weekend. We don’t have any further details on that right now, but we’ve been trying to find out more.
Here’s what we don’t know: Is there a checkpoint in Columbus this weekend? Maybe. We’ve heard from some Facebook commenters that there is, but we haven’t heard anything for sure.
Here’s some advice: If you like the sauce, designate a driver before you hit the town. Do it.
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Need an attorney for a personal injury, workers’ comp or OVI/DUI case? Try the fine folks at Taubman Law. They know what they’re doing.
In Ohio there are two instances where you can be given a breat 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.
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Happy Friday Ohio.
With December officially here and a little break between Thanksgiving and Christmas we weren’t expecting many checkpoints this weekend. We have heard about one, however, in Parma. It will be from 9 pm to 1 am tonight on Ridge Road. As always, our advice is you designate a driver early if you’re going to go paint the town.
That’s all for now. We’ll update you if we hear anything else.
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Happy Turkey week, Ohio. As we mentioned last week, the upcoming holiday means a lot of travel, which means that the Ohio State Highway Patrol and local police offices will be out in full force to ensure safety.
Keep this in mind as you head out to stuff yourself full of turkey, gravy and eggnog. If you enjoy your holiday with a few adult beverages, designate a driver.
Here’s what we know about the checkpoints throughout the state so far.
Cleveland will be having a checkpoint Wednesday night. It will be from 10 pm to 3 am on Ontario at Carnegie Avenue.
Clark County will also have two checkpoints on Wednesday. The first will be from 2 pm to 8 pm on North and Center. The second will be along US 40 from 8:30-midnight.
Euclid will have one Wednesday night as well. That one, too, we will post details on as we hear more.
Middletown will have a checkpoint Wednesday night from 11 p to 3 am. It will be along Route 4.
More than 1.6 million Ohioans will be traveling for Thanksgiving weekend, and the Ohio Highway Patrol announced today that they would be setting up saturation points and extra patrols across Buckeye land. Here’s some more details on that, if you’re interested.
The moral of the story, as always, is party safe. If you run into an issue and need a DUI attorney, contact Taubman Law.
Have a great holiday. Don’t forget to share your holiday season with the Ohio OVI Blog by liking us on Facebook.
OK, Ohio, let’s get down to business this week because we have a lot to discuss. This week marks the beginning of a three-week crackdown on intoxicated drivers. We will be updating this post constantly throughout the next three days, and we already know of several checkpoints.
Here are the details we have. We have called everywhere we usually do in Central Ohio and Northeast Ohio. We are still waiting to hear back on several areas (including Summit County).
Aurora – Will have a checkpoint on Saturday night. Details will be released Saturday morning.
Berea – Will have a checkpoint Friday night on Bagley Road from 9 pm to 2 am.
Butler County – Will have on in West Chester Township on State Route 747 on Friday. It will be 10 pm to 4 am.
Clermont County – Will have one in Miami Township on Friday. It will be on State Route 28 between Old State Route 28 and Buckwheat Rd. It will be from 10 pm to 2 am.
Cleveland – Sent out a press release on August 19 detailing a driver’s license checkpoint happening next week. It looks like it will be Friday the 26th.
Crawford County – Will have a checkpoint this weekend. It will be Friday in Bucyrus on State Route 4. It will be south of the city, but they won’t release the exact location. We expect it will be near the Bratwurst Festival. It will run from 9 pm to 1 am.
Columbus – Will have on on Saturday night. It will be on the west side on West Broad St. at Philipi/Goergesville Rd. It runs from 9 pm to 3 am.
Dayton – Will have one on Friday in Trotwood. It will be in the 4300 block of Salem Ave. near Meadow Drive. It will run from 8:30 pm to 2 am.
Delaware County – Will have one Friday on Route 23, just north of Lazelle Road. This is a major traffic area just north of Columbus. It will run from 9 pm to 3 am.
Garfield Heights – Will have a checkpoint Saturday night on Broadway from 9 pm to 2 am.
Hamilton County – Will have a checkpoint Friday in Cincinnati. It will be on Colerain Road at Blue Spruce Road. It will run from 9 pm to 1 am.
Knox County – Will have a checkpoint Friday on State Route 12, just off South Main Street in Mount Vernon. It will run from 8 pm to 12 am.
Licking County – Will have a checkpoint in Licking Twp on Friday. It will be on State Route 13, just south of the 1-70 exit. It will run from 9 pm to 1 am.
Mahoning County – Will have one Friday night in Goshen Township. It will be on U.S. Route 62, west of State Route 45. It will run from 9 pm to 12 am.
Parma – Will have a checkpoint Saturday night on Ridge Road from 9 pm to 2 am.
Portage County – Will have a checkpoint Friday night on State Route 43. It will be between 10 pm and 2 am.
Streetsboro – Will have a checkpoint Saturday night. Checkpoint will most likely be on State Route 43, Near Milepost 21, At The Aurora/streetsboro Line. This hasn’t been verified but where it was located last year.
Warren County – The Warren County Sheriff’s Department and Franklin Police have announced an OVI checkpoint for Saturday night, August 20th. It will be held on State Route 73 near milepost 3 in Warren County beginning at 11:00pm.
We will continue to post information as it becomes available to us. As always, our recommendation is that you don’t drink and drive. Should you get caught up in a jam, however, we have two law firms ready to defend your rights. In Central Ohio we have Hastie Legal Offices. In Northeast Ohio we have Taubman Law. Both firms know how to protect the rights of those accused of OVI in Ohio.
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Editor’s note: This article is from Attorney Ed Hastie’s article in Columbus’ 614 Magazine, entitled “To Blow or Not to Blow”
The most common question I receive from clients and prospective clients is whether or not they should take a breathalyzer test. Many times this question comes while a client is in the back of a police car or pulled over to the side of the road. Other times a suspected OVI offender must make the decision on their own because no attorney can be reached. Contrary to popular belief there is no set answer. In order to make the decision you need to understand the consequences and effects of refusing a “breath” test.
Let me start with Rule #1. If you aren’t sure whether you should drive, take a f*cking cab! If everybody followed Rule #1, I wouldn’t need to write the rest of this column. Ok, I’ve gotten that off my chest.
In Ohio there are two types of OVI charges, a per se charge and an impaired charge. A per se charge is when a person has a prohibited amount of alcohol in their blood, breath or urine. This charge occurs when a person “blows over.” An impaired charge is when a person’s driving was impaired by the use of alcohol. This type of charge is much more subjective and doesn’t rely on the results of a breath test. Generally you will be charged with both if you fail a breath test. If you understand the difference between the two charges you can make an informed decision about whether or not to submit to testing.
“Oh crap, I’m getting pulled over!”
It’s a common scenario; a client is out drinking and makes the terrible decision not to follow Rule #1. Your driving caught the attention of police and you are getting pulled over. What should you do?
First, pull safely over. Keep in mind officer safety when deciding where to stop. Be courteous at all times throughout your interaction with the police. Yelling and berating a cop is a sure way to exacerbate the situation. When questioned, never admit to drinking. This will be used against you in court. Besides, nobody believes you only had “1 or 2” drinks. Remember, the police officer is gathering information to decide whether to arrest you and to make his case air tight. You are under no obligation to give them any information.
“Step out of the car”
Generally, the police officer will then ask you to step out of the car. This is a key part of your case. Ask the officer “am I under arrest?” If yes, then get out and shut up. If no, tell the officer you would like to remain in your car since you aren’t under arrest. CAUTION: This is likely to upset the officer. Make sure you say this in a calm voice with both hands where the police officer can see them. They will likely ask again. At this point, I would repeat your answer. If they begin to threaten you or continue arguing, I would get out of the car and inform the officer that you don’t intend to answer any questions.
“Stand on one leg…”
In an attempt to gather more evidence, an officer will ask you to submit to standardized field sobriety testing (SFSTs). Generally I do not advise a client to submit to field testing. First, you probably aren’t going to pass. These tests are subjective and interpreted by the officer. They are looking for more than just whether you can keep yourself vertical for 30 seconds. Many clients think they have passed when in fact they haven’t. You’ve been drinking and these tests aren’t as easy to pass as your buddies tell you. There is no penalty for not taking the field tests. Unlike refusing a breath test, you won’t lose your license if you refuse field testing. Additionally, refusing gives the police less evidence to substantiate an OVI charge. If they arrest you anyway, you have a much better chance of beating the charge or getting an acceptable plea offer.
“Blow into this”
Finally, you are taken to the station and told to blow into the breathalyzer machine. Should you do it?
You first need to make an honest assessment of how much you have had to drink. If you have seriously had only one or two drinks then you may want to roll the dice. To get a better idea of what puts you over the limit, check out the Drink Wheel at www.intox.com/wheel/drinkwheel.asp. Remember, this can only give you a basic idea. For example, the time I pounded eight airline miniatures on the four hour flight to Vegas would have put me into the failure category. Luckily, I took the advantage of a modified version of Rule #1: I took a limo. That particular trip (after some hot dice), I even took a limo back. Okay, back to reality.
First you must understand the consequences. If you refuse or fail the test you will be placed under an Administrative License Suspension. A refusal gets you a thirty day “hard” suspension (no privileges allowed) and a 1 year “soft” suspension (privileges at the judge’s discretion). Even if you plea to a lesser charge, your license will still be suspended for a year. If you have a prior conviction a refusal will double your ¬¬exposure to jail time. A failure gets you 15 day hard suspension and a 6 month hard suspension. Either way your license is going to get suspended.
Remember, a test removes all doubt. A high test (.17 BAC or above) doubles your minimum jail sentence, and assures “party plates” upon conviction. A breath test is just another strong piece of evidence they will use against you. In a per se charge general evidence of your sobriety and driving won’t matter. Sure, there are ways to prove a test was faulty. However, my experience indicates beating a test is extremely difficult.
Finally, by the time you are asked to take a breath test you most likely have already been charged with the “impaired” OVI. In that case a low test will not save you. The impaired charge is harder to prove. After all, once you’re at the station your goal should be to minimize the damage. Not taking a test will eliminate the per se charge and give the police less evidence with which to convict you. In most circumstances, refusing is the right decision.
“You are free to leave”
After you leave, call an attorney. There will be plenty of time to ponder why you didn’t take a f*cking cab.
For more on the DUI/OVI practice at Hastie Legal, visit our site.
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Things have finally cooled off across the state, giving us all a much-needed break from the heat.
But we’ll tell you what hasn’t cooled off: The Police’s desire to stop drunk driving!
OK, that was probably one of our worst attempts at a transition here at the Ohio OVI Blog, but every post can’t be on par with a David Foster Wallace novel, right? Let’s get down to business. It’s summer and lots of people are out enjoying a few adult beverages. But responsible drivers everywhere are taking cabs and designating drivers to get home safely. We hope you’re doing the same. The police are doing there part to catch drunk drivers, and we’ve heard news on four checkpoints so far for this weekend and into next week.
The first will be in Seven Hills Saturday night. It will be from 7 pm to 1 am at Rockside at Pinnacle Park.
In Central Ohio, we have details on two checkpoints so far.
One is in Millersport (Fairfield County) tonight. It will be on State Route 204, just east of State Route 37. This is near Buckeye Lake.
The other is in Plain City (Madison County). It will also be tonight and will be on State Route 42 near W. Main Street. It will be right by the Der Dutchman restaurant, a place we’re sure you Plain City locals know well.
The last checkpoint we’ve heard about will be in Cleveland. It will be Monday night, but the details have not yet been released.
In other news, we’ve heard that Rover fest – which takes place in Eastlake – will be hopping this weekend. It sold out, and the police will have strong saturation points throughout the area to monitor safety. It’s likely there will also be liquor control mechanisms in place, including undercover agents. If you’re heading out to see Rover (or just to see Ms. Morning Glory), be safe and be smart.
That’s all we have for now. Remember, we keep this blog to warn people of the dangers of drunk driving. But we also want all drivers to know they have legal rights. Should you get mixed up in an OVI or DUI case, we have lawyers who know how to help you. Find out more at the sites for Taubman Law (Northeast Ohio) or Hastie Legal Offices (Central Ohio).
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Hot Friday to you, Ohio. We hope you are reading this somewhere that’s nice and cool.
It looks like there aren’t any checkpoints in Northeast Ohio this weekend – at least none that we’ve heard about thus far. We’ll keep you updated if that changes. As for Central Ohio, we’re still waiting to hear back from all our contacts and will let you know if we hear anything.
In the meantime, people often ask us what cities we call in Northeast Ohio, so we’ve compiled our usual call list so you know.
Stay cool. We’ll post updates if we have any.
We also call Cuyahoga, Stark, Summit and Portage County.
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