Legal Question in DUI Law in Ohio

got a ticket for dui in my own driveway

I was due to get my license back in 3 days. I drove across the street from my house to get a 24 oz. of beer. I pulled back in my driveway and took the keys out of the ignition (this was at night) and a cop gave me a ticket for dui in my own driveway. he said my sticker was expired ( I think someone took it off because even though my license were under suspension i still got my sticker renewed. anyway, i refused to take a breathalyzer and he searched my car for no apparent reason and had it towed. the beer was unopened. this is my 3rd dui. Is this legal and can it be reduced to anything?


Asked on 3/19/06, 2:26 pm

3 Answers from Attorneys

Joseph Jacobs Jacobs & Lowder

Re: got a ticket for dui in my own driveway

Why did he pull you over? There are several mitigating factors that should help you...you were only across the street, and if the plate was not expired, then you could challenge the legitimacy of the stop. You may contact me directly if you like.

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Answered on 3/19/06, 3:40 pm
Willard Hanner Hanner Law Firm

Re: got a ticket for dui in my own driveway

You really need to talk to a lawyer, especially since it's your third DUI. I see from your zip code that you live in New Philadelphia. I assume then that your case is in the New Philadelphia Municipal Court. You may want to contact me directly. I've know Judge Space for thirty-five years. We used to try cases together. My office is in Canton but I'm down in New Philadelphia all the time.

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Answered on 3/19/06, 7:44 pm
David Davies Law Office of David H. Davies

Re: got a ticket for dui in my own driveway

I would agree with Mr. Hanner's recommendation. You definitely do not want to try to go it alone and in your situation, a local attorney is your best bet. If you would like some information on DUI in Ohio you can check out www.ohiodui.us

Good Luck

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Answered on 3/20/06, 10:25 am


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