Legal Question in DUI Law in Ohio

The other day i was involved in an accident and was charged with OVI but was not givin a breathalyzer. I was not arrested but had to go to hospital by ambulance. Earlier this year i was arrested for child endangerment because i left my daughter in the car while i went in the store. I got 180 days which all but 15 days were suspended under which i have to have "good behavior " for 2 years. My question is how should i plea? I dont want to go to jail if i dont have to.


Asked on 12/03/14, 1:58 pm

2 Answers from Attorneys

Neil Rubin Neil S. Rubin, Attorney at Law, LLC

Plead not guilty.

You are certainly at risk for additional jail time. Since I do not know the details of the OVI arrest I can not comment definitely if there are problems with the stop and/or arrest. But I can tell you that hiring a lawyer ASAP is indicated. Or ask for a public defender if you can not afford one. Do not go this alone.

Read more
Answered on 12/03/14, 2:06 pm
Eric Willison Eric Eastman Willison

In Ohio, much will depend upon what the previous child endangering order said. If it suspended the sentence on condition that you have "no same or similar" offenses, then I doubt that a drunk driving conviction would qualify as an event that would require reimposition of the suspended sentence. But some courts state only that the defendant must be "law abiding" for the two year period, meaning that any conviction (outside of littering or speeding tickets) would qualify for the reimposition of the previously suspended sentence.

Further, you should not plead to any drunk driving charge until an attorney has looked over the case for the strength of the evidence against you and whether or not any or all of that evidence could be suppressed.

Read more
Answered on 12/03/14, 2:07 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Ohio