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  1. #1
    Join Date
    Sep 2008
    Posts
    5

    Exclamation OVI Charge Ohio BAC .011

    My question involves criminal law for the state of: OHIO

    The Ohio law states that a BAC of 0.08 is the "legal limit" which appears to be distorted to some degree. I went out and had a beer and an hour later at a different location had another. I shot a game of pool and was travelling to my house, no more than a mile away from both bars. As I was going home I noticed a police officer and I was travelling the speed limit. He promptly tailed me into my neighborhood and as I turned left turned his lights on and came up and told me I had a taillight out. I responded that it would be fixed soon. He had asked if I had had anything to drink that night, so I responded truthfully that I had consumed two beers. He then asked me to step outside the car and we waited, he became impatient and performed a one leg off the ground count one-one thousand to 25 while pointing my toe up and staring at it. He then did a pen test. Following which, two cop cars roll up and surround me, shaking my nerves up a bit. Then he tells me to do a last test heel to heel 9 times. I performed the test and had a misstep which I blame on my anxiousness to go home and forget all of this mess. After that, he told me to turn around because I was being arrested for an OVI. I had explained to him in clear terms that I was not inebriated in the slightest. We went back to the station and I was asked to blow which I gladly accepted and blew a 0.011. This officer asked another if he should write me a ticket for an OVI, which the cop shook his head gleefully. I stayed in the station until my ride arrived.

    I was wondering if this would ever fly in a court of law, I live in a county that is crueland unusual about drunk driving. Any advice? I was considering a public defender would dismiss this case within the next couple of weeks. Also I'm travelling to New York from the 17-28th next week as it is imperative I be able to drive to Cincinnati. Should I make an appeal to get my license back at the initial hearing? I plan to see the most qualified DUI defense lawyer in my area for advice. Thanks for any help.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: OVI Charge Ohio BAC .011

    Your defense is that it's cruel that your county charges people with drunk driving when they have a .11 BAC? That's going to occur in any county. I'm not sure where you're trying to go with this.

  3. #3
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: OVI Charge Ohio BAC .011

    What county?
    Are you sure it was .011 and not .11?
    You should be able to get work privilages at the hearing.
    I'm from Ohio as well and the city where I live has the 2nd highest DUI rate in the state. Some of those cops..YIKES!
    I hope you like our pretty yellow party plates!

  4. #4
    Join Date
    Jun 2008
    Posts
    250

    Default Re: OVI Charge Ohio BAC .011

    Quote Quoting aaron
    View Post
    Your defense is that it's cruel that your county charges people with drunk driving when they have a .11 BAC? That's going to occur in any county. I'm not sure where you're trying to go with this.
    He said he had a .011

    If he did indeed have a .11 he is lying about the amount of drinks he had.

  5. #5
    Join Date
    Sep 2008
    Posts
    5

    Default Re: OVI Charge Ohio BAC .011

    I don't know how many times I have to type 0.011, I can fax you the document if you like. I have recieved no help so far. Tough luck? I hired an excellent attorney. Has anyone heard about anything like this before? Please I need help!

  6. #6

    Default Re: OVI Charge Ohio BAC .011

    Im just taking a guess at this, but im assuming that you received the ticket because you did not meet the standards of a criminal charge, but you may have meet the standards of a ticket. Also, are you of age to drink because that could have played a part in this.

  7. #7
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: OVI Charge Ohio BAC .011

    Quote Quoting jayman
    View Post
    Im just taking a guess at this, but im assuming that you received the ticket because you did not meet the standards of a criminal charge, but you may have meet the standards of a ticket.

    A ticket IS a criminal charge. Probable cause MUST exist for the issuance of a citation/summons as it does for an arrest, there is NO legal distinction.

    He was arrested, but released on a summons to appear.



    Also, are you of age to drink because that could have played a part in this.
    Good question. If he was underage, then zero tolerance is probably the law, there can be NO BAC in a person under 21 while operating a motor vehicle, even .011.

  8. #8
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: OVI Charge Ohio BAC .011

    Quote Quoting meanstreets
    View Post
    I don't know how many times I have to type 0.011, I can fax you the document if you like. I have recieved no help so far. Tough luck? I hired an excellent attorney. Has anyone heard about anything like this before? Please I need help!

    To reasonably ascertain what the law means, it is crucial to read it. I as in OVI, means under the "Influence", that does not necessarily mean alcohol. Were you smoking pot, etc?? Understand, I am not saying you were, but if your driving was "impaired" as in "influenced by" the charge may be substantiated.

    http://codes.ohio.gov/orc/4511.19


    .08 is a rebuttal presumption the person is OVI of alcohol, it does NOT mean THAT level must be found as a BAC??

    If you admitted you had been drinking and were "impaired" in any way, the charge may stick??

    In the meantime, you can read some "case law" yourself. Pay a visit to a library where they have the Ohio Revised Code, look up 4511.19. After it, there will be annotations it, see if any helps in your defense.

    On a reality basis though, you need to hire an attorney who "specializes" in OVI cases, as you have said you did, so this is a wise move.

  9. #9
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: OVI Charge Ohio BAC .011

    To reasonably ascertain what the law means, it is crucial to read it. I as in OVI, means under the "Influence", that does not necessarily mean alcohol. Were you smoking pot, etc?? Understand, I am not saying you were, but if your driving was "impaired" as in "influenced by" the charge may be substantiated.
    Your correct here BOR. This is how the law gets the "outliers" here. Not enought to get them for DUI, but under the influence mean under the under the influence. This is why the DUI rate is so high where I live. (DUI's are saved for the State Troopers DUI check points and the locals use the OVI). There also has been some success in fighting this.

  10. #10
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: OVI Charge Ohio BAC .011

    Quote Quoting gigirle
    View Post
    Your correct here BOR. This is how the law gets the "outliers" here. Not enought to get them for DUI, but under the influence mean under the under the influence. This is why the DUI rate is so high where I live. (DUI's are saved for the State Troopers DUI check points and the locals use the OVI). There also has been some success in fighting this.

    My preliminary research showed that in 2004, the state consolidated ALL such charges into the OVI acronym though.

    Sobriety checkpoints are permitted under Michigan department of state police v. Sitz, that I know.

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