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Michele A. Smith Law Office, L.L.C.

Traffic Law  From illegal U-turns to DUI, if you have been cited for violating a traffic law and would like to learn more about your legal options, including your right to go to court to fight the ticket, you should contact our office for representation as more serious offenses like reckless driving or leaving the scene of an accident can impact your driving privileges.  Having an experienced attorney on your side can help ensure that your legal interests are protected to the fullest extent possible.

DRIVING WHILE IMPAIRED

Ohio drunk driving cases are referred to as either OVI (operating a vehicle while intoxicated), DUI (driving under the influence of alcohol), or OMVI (operating a motor vehicle while under the influence, impaired, or intoxicated). Drunk driving arrests trigger two separate concerns: the court case and the Bureau of Motor Vehicles case.

OMVI / OVI law makes it a crime for any person to operate a motor vehicle while having any amount of alcohol or drugs in their system,  or a combination of drugs and alcohol in their system,  that impairs the individual’s physical or mental abilities to an appreciable degree. Since this traffic offense does not require proof of any specific amount of alcohol in your system you don't have to take a breath, urine, or blood test to be charged, and convicted, of this offense.

Drunk driving (DUI) laws makes it illegal to operate a motor vehicle with a specific level of alcohol in your system, .08% BAC as determined by blood, breath, or urine testing. A DUI charge has nothing to do with the alcohol interfering with the driver's physical or mental abilities. A DUI charge is based on body chemistry and if you test at .08% BAC you will be charged with DUI.

The sanctions and penalties for each of these offenses depend upon the individual’s prior criminal record, traffic record, prior convictions, level of alcohol in their system, results of the field test, and other specific facts of the individual case. Punishment for an Ohio DUI / OVI conviction may include jail time, fines, suspension of driving privileges, possible impounding of license plates, immobilization of forfeiture of the vehicle, or even seizure of the vehicle.

Since Ohio law prohibits a person from expunging a DUI conviction from his or her criminal record it is important to have an experienced attorney represent you in a DUI charge.   Please call our office at 419-502-2002 if you have been charged with impaired driving.

UNDERAGE DRINKING AND DRIVING

Law enforcement officers can file charges against any driver under 21 who has a blood alcohol concentration (BAC) of at least .02% but less than .10%.  If convicted of operating a motor vehicle after underage consumption (OMVUAC), you face the following penalties:

·        60-day and not more than two-year license suspension.

·        Three days in a certified alcohol and drug addiction program.

·        Four points will be assessed to your driving record.

·        A remedial driving course must be completed before your driver license will be reissued.

What parents should know

·        Alcohol-related crashes are the leading cause of teen-age deaths.

·        You cannot give alcohol to your children’s friends under 21 years of age under any circumstances, even in you own home, even with their parent’s permission.

·        You cannot knowingly allow a person under 21 to remain in you home or on your property while consuming or possessing alcoholic beverages.

Prevention is the key

Parents’ attitudes and behaviors about alcohol influence the attitudes and behaviors of their children.

·        Talk to your children about alcohol and the law.

·        Be at home when your children have a party and don’t provide alcohol or allow drinking.

THE POINT SYSTEM FOR TRAFFIC VIOLATIONS

In Ohio, points are assigned to your driving record for various traffic violations. The points assigned are either 2, 4 or 6 depending upon the severity of the offense.  In Ohio during a 2 year period the Bureau of Motor Vehicles can look back for points assessed and if the total goes up to 12 points during this time period your license will be suspended.  To find out how many points you have on your Ohio driving record you can order a driver abstract from the BMV by mail or in person at a local deputy registrar license agency.

If you want to get credit against the total amount of points charged to your Ohio driving record you can take an approved driver improvement course to obtain a two point credit as Ohio law allows that an 8 hour remedial driving course can be completed to grant a two point credit to Ohio drivers who have at least two, but less than twelve points, charged against their Ohio driving record within a two year period.  The remedial course can be completed once every three (3) years and a maximum of five credits can be granted within a lifetime. The BMV notes though that the driving class does not delete or remove any points from your Ohio driving record it does credited you 2 points against your accumulated point total.