Legal Question in DUI Law in Ohio

DUI - no test

I am 45, had no priors for any crime or traffic violation and was picked up for driving under the influence in Ohio on the 4th of July. I refused to take the sobriety test. I have a hearing the 8th of July. What will happen in this hearing if I plead no contest. I am a widower with a 14 year child and am broke trying to get back on my feet so I cannot afford big fines and fees. Can I plea bargain asking to do more community service than usually asked for this offense?


Asked on 7/05/08, 5:59 pm

1 Answer from Attorneys

David Davies Law Office of David H. Davies

Re: DUI - no test

Ohio's OVI (DUI) laws are very severe and complicated. All Courts are required to follow the State laws as to license suspension and jail time. That being said, there is still some variations between the different courts that handle these cases. It would be helpful to know what court your case is going to be heard in.

Your failure to take the breathalyzer test has penalties attached even if you are not convicted of the OVI. Most courts will appoint the public defender to represent you if you cannot afford an attorney. If you go to court on your on and plead not guilty, the Court will schedule a pretrial and at that time you will be able to talk to the prosecutor. The prosecutor will usually be willing to tell you what to expect if you change your plea to no contest or guilty. You would still an opportunity to hire a lawyer if you do not like what you hear.

I have some interesting facts on the issues on my web site "OhioDui.us" Feel free to give me a call if you have any questions.

Good Luck!

DHD

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Answered on 7/07/08, 12:57 pm


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