Legal Question in DUI Law in Ohio

double jeopardy

father-in-law was involved in an accident in Feb. At time of accident he refused blood test for police purposes but hospital said they had to draw blood for medical reasons. Recently all charges such as vehicular assault were dropped IF he pled guilty to DUI(supposedly b/c others didn't want to pursue it). Now there is threat of others involved in accident suing them directly...is this possible? Doesn't this fall under double jeopardy? Also if bac is a factor can they use this even if he refused it at the time? if the others can sue them what can happen? jail time loss of house etc? also what is the time limit the others have to file suit? thank you


Asked on 8/10/03, 3:32 pm

3 Answers from Attorneys
David Weilbacher, Esq. Attorney at Law

Re: double jeopardy

The DUI was a "criminal" action. The other people bring an action are bringing a "civil" action. There is no possibility of jail, but there is a possibility of a money judgment against him. Did he have insurance? Give me a call if you like: 216.241.2500.

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Answered on 8/12/03, 1:56 pm
Joseph Jacobs Jacobs & Lowder

Re: double jeopardy

The people suing him are separate from the criminal proceding. They have two years from the date of the DUI. They can use the conviction against him if he pled guilty. Call me directly if you want:

Joe Jacobs Cell: 216-952-1990

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Answered on 8/11/03, 12:21 pm
Timothy Hess T. Hess & Associates, LLC

Re: double jeopardy

The civil case against him is separate from the criminal case. Similar to OJ being aquitted for murder then losing in the civil case brought against him for wrongful death.

If your father pleaded guilty to DUi, that CAN be used against him in the civil action.

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Answered on 8/11/03, 2:12 pm


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