News & Blog

Is It a Refusal if I’m Unable to Blow in the Breathalyzer?

Being physically unable perform a breath test while under suspicion of operating a vehicle while intoxicated (OVI) can stand as a positive defense against an OVI refusal charge.

Stripping out the legalese, a judge can find you not guilty of refusing to do a Breathalyzer if you and your Delaware, Ohio, OVI lawyer can show that you were too ill, injured or incapacitated to produce an adequate breath sample.  This may allow for avoiding the increased penalties involved with a conviction for refusing a breathalyzer when you have a prior OVI offense within a certain period of time.

  • 2017-04-05
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What Is Gross Vehicular Manslaughter While Intoxicated?

Perhaps the best way to explain the alleged offense Ohio calls aggravated vehicular homicide is to define the three words in reverse order:

  • Homicide—taking another person’s life
  • Vehicle—any car, truck, motorcycle, boat with an engine, or aircraft
  • Aggravated—committing a crime like operating a vehicle while intoxicated (OVI), acting recklessly by exceeding a posted speed limit by more than 25 mph, or being negligent by, for example, falling asleep behind the wheel

  • 2017-02-22
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How Long Will I Spend in Jail as a DUI Offender?

One of the primary reasons to hire a Columbus drunk driving attorney is to get help with staying out of a county jail cell.

The following table summarizes the types of jail sentences Ohio courts can impose for operating a vehicle while intoxicated (OVI). Note that avoiding incarceration altogether is pretty much impossible for what judges call a “high test” conviction, even when the defendant has no previous history of driving under the influence.

  • 2017-01-24
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What to Expect if You Get a Second DUI

In Ohio, incarceration and use of an ignition interlock device once limited driving privileges are reinstated become mandatory with a second conviction for driving under the influence of alcohol within a six-year period. So do display of specially designed offender plates and a 90-day “immobilization” (i.e., booting or impoundment) of one’s personal vehicle after s second operating a vehicle while intoxicated (OVI) conviction.

The Franklin County drunk driving attorney with The Maher Law Firm present a full rundown of the penalties Ohio imposes for multiple DUIs on this webpage. Five things worth noting about a second OVI/DUI case are:

  • 2016-12-31
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Hit and Run in Ohio: What You Need to Know

Ohio requires every driver involved in a crash to stop and remain at the scene. This is true even for drivers who do not cause wrecks. Committing a hit and run violation can result in serious jail time and a mandatory license suspension, so understanding the rules and consequences is essential.

Leaving the Scene of an Accident Ohio

Ohio treats leaving the scene of a traffic accident as a serious offense. Even the victim in a traffic accident can be charged with the offense that state statutes call stopping after an accident if he or she takes off after a crash without first speaking with police. As a Columbus Ohio traffic defense attorney, here is what Colin Maher of The Maher Law Firm tells drivers they must know.

  • 2016-12-21
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Domestic Assault and Battery Charges

Ohio state statutes group domestic assault and battery under the label “domestic violence.” Further, no clear distinction is made between “assault” and “battery.” In states where a legal difference is recognized, battery involves making contact with another person. An assault can occur with or without contact.

Although most violations of domestic violence laws are prosecuted as misdemeanors, penalties can be severe. Because accusation of assaulting a family member or a romantic partner who share your house can stem from a misunderstanding and or self-defense, hiring a Columbus, Ohio, criminal defense attorney as soon as a charge is filed is very important.

  • 2016-11-10
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Should I Consider a Plea Bargain in My DUI Case?

The short answer is yes, you should consider a plea bargain in your DUI case.

That being said, you should never agree to admit to being guilty of any criminal offense or traffic violation until you consult with an experienced Columbus DUI attorney. The prosecutor who offers to reduce a charge from what Ohio statutes calls operating a vehicle while intoxicated (OVI) may not be looking to lower potential penalties. Rather, he or she may just want to resolve the case while securing what amounts to a conviction. Do not agree to anything without first consulting an experienced DUI attorney in Columbus.

  • 2016-11-01
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Repeat Reckless Driving Charges

Racking up more than one reckless driving charge within a 12-month period puts an Ohio driver at risk for a month or more in jail. Losing a license to a 12-point violation is also a possibility, and paying hundreds of dollars in fines is a given.

A Brief Overview of Reckless Operation

A first conviction for the offense that Ohio state laws refer to as reckless operation is treated as a minor misdemeanor, punishable by a fine of $150. Even though it is called a “minor” misdemeanor, it is more serious than the typical traffic offense as indicated by the four-point license penalty.

  • 2016-10-23
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Juveniles’ Constitutional Rights

Under the U.S. Constitution and the laws of Ohio, children and teens enjoy many of the same protections against illegal arrests and unfair trials that adults do. This is important because even a conviction for an offense as seemingly minor as underage possession of alcohol or disorderly conduct can cost a young person valuable educational and employment opportunities.

  • 2016-10-19
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How Far Over the Speed Limit Is Considered ‘Speeding’?

Anything over the speed limit is speeding.

This is neither a philosophical maxim, nor a statement of physical principles. It’s the law.

Ohio state statutes designate speeding as a prima facie offense. In plain English, this means that a police officer who clocks you going even one mile over a posted speed limit can pull you over and write you a ticket.

  • 2016-09-29
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What if I’m Charged With a DUI in Another State?

The name of the charge varies, but each state enforces a law that is equivalent to Ohio’s prohibition on operating a vehicle while intoxicated (OVI). The legal limits for blood alcohol concentration are identical -- .08 for adults older than 21; .04 for commercial truck and bus drivers -- no matter where you travel in the United States. Penalties vary, as do provisions regarding boating while impaired, having a very high BAC, driving under the influence of alcohol while younger than 21, and driving while under the influence of drugs.

  • 2016-09-21
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Charges for Receiving Stolen Property

Ohio law enforcement considers receiving stolen property an act of theft and fraud. That is, even though a person accused of receiving stolen property did not steal anything or illegally deprive anyone of anything of value, the legal system treats the person as a thief or a perpetrator of fraud.

What Counts as a Crime?

Here is what section 2913.51 says specifically about the alleged offense: “No person shall receive, retain, or dispose of property of another knowing or having reasonable cause to believe that the property has been obtained through commission of a theft offense.”

  • 2016-09-15
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Traffic Ticket and DUI Penalties for Commercial Drivers

Most Ohio traffic laws apply equally to all drivers. Whether you are in your own car or behind the wheel of a semi, you must obey posted speed limits, stop at red lights, and stay in your lane unless you signal and wait until the way is clear before moving over.

  • 2016-08-26
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Will I Do Jail Time for Drunk Driving?

First, understand that getting pulled over for suspicion of driving under the influence of drugs or alcohol can subject you to being detained in a medical facility or police station. Even if police do not charge you with an offense, they are allowed to hold you for breath, blood, and urine testing, questioning, and safety considerations. If you have reason to think you will get charged, one of your rights is to contact a Delaware, Ohio, drunk driving attorney for advice and representation. Exercising that right can save you from unintentionally disclosing information that a prosecutor could use against you at trial.

  • 2016-08-09
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Underage Drinking Defenses

Since I practice criminal defense law in Columbus, OH, I know that city, county, state and Ohio State University police enforce underage drinking laws vigorously. Combine a large population of college students with a long list of regulations on the purchase, possession, and consumption of beer, wine, and liquor, and you have all the ingredients for a seemingly never-ending docket of cases involving alcohol and alleged offenders who are under the age of 21.

The best defense against an underage alcohol charge will depend on the nature of the charge and the facts of the situation. The most common underage drinking cases involve accusations of

  • 2016-08-02
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Will I Have to Have an Ignition Interlock Device After Multiple DUIs?

Yes. A second conviction within six years for the offense Ohio law calls alcohol-related operating a vehicle while intoxicated (OVI) carries a mandatory penalty of using an ignition interlock device. The duration of using the device is set by the judge who issues the penalty. Also be aware that the in-car breathalyzer is just one part of the sentence for a multiple DUI offense.

Even a first-time conviction for driving under the influence of either alcohol or drugs can bring the following penalties:

  • 2016-07-28
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What Are the Rules for Alcohol Consumption on the Water in Ohio?

Every law regarding alcohol use on land applies to alcohol use on the lakes and rivers of Ohio. In a sentence: Individuals older than 21 can drink on the water, but they cannot take the wheel while legally drunk.

In a paragraph: Boat operators can face charges for boating while intoxicated (BWI). Boat passengers can be arrested for underage drinking. Any person aboard a boat or riding a personal watercraft can be charged with public intoxication and disorderly conduct. Serving people younger than 21 on the water can bring alcohol-related charges, as can using a boat to illegally transport alcohol into Ohio from a neighboring state or Canada. Because some Ohio waterways are under federal jurisdiction, including Lake Erie and parts of the Ohio River, some alcohol-related cases are heard in U.S. federal courts.

  • 2016-07-25
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What is the Difference Between OVI and DUI?

OVI stands for operating a vehicle while intoxicated by beer, wine, liquor, or any of the drugs classified as Schedule I or Schedule II by the federal Drug Enforcement Administration. Those drugs include marijuana, methamphetamines, cocaine/crack, heroin, and prescription painkillers known as opiates and opioids.

  • 2016-07-05
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How is BAC Determined?

Ohio police officers have four ways to measure a suspect’s blood alcohol concentration (BAC):

  • Portable breath testing device
  • Breath testing device in a clinic, hospital, or police station
  • Blood tests
  • Urine tests

State laws and court rules restrict the conduct and interpretation of each test. Trial judges should not allow prosecutors to present results from prohibited or poorly conducted tests when seeking a conviction for operating a vehicle while intoxicated (OVI), being drunk in public, or other alcohol-related charges. Hiring a Pick-away County drunk driving attorney will allow you to make sure you do not suffer unjust penalties based on poorly administered or misused BAC tests.

  • 2016-06-16
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Your Rights During a Sobriety Test

You have the right to remain silent.

You have the right to protect yourself from providing evidence that may incriminate you.

Taken together, these constitutional protections give you the right to refuse to perform field sobriety tests and to decline requests to provide breath, blood, and urine samples while in custody for suspicion of driving under the influence. A few restrictions on exercising your right to refuse chemical alcohol and drug testing exist under Ohio law, but you can always raise legal challenges to how such assessments were performed and analyzed with the help of an Ohio sobriety test attorney.

  • 2016-05-25
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Will I Lose my License if I Can’t Pay a Speeding Ticket?

A court-ordered driver’s license suspension is a possibility if you do not pay the fine for pleading guilty to or being convicted of speeding in Ohio.

Under the traffic laws of Ohio, drivers ticketed for speeding do not automatically face a license suspension. A series of decisions and actions, however, can end with the loss of driving privileges for an indeterminate period.

  • 2016-05-11
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Defenses to a Reckless Driving Charge in Ohio

Reckless operation also referred to as reckless driving is now call operation in willful or wanton disregard of the safety of persons or property.  The charge can carry serious penalties but is poorly defined. This fact makes contesting a reckless charge with the help of a Columbus reckless driving attorney worth considering.

  • 2016-05-04
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How a Drunk Driving Lawyer Can Benefit You?

A Franklin County drunk driving attorney can begin working for you within hours of your arrest for operating a vehicle while intoxicated (OVI). In fact, starting the defense as soon as possible can be essential when the arresting Ohio police officer has given you an administrative license suspension.

Working closely with a lawyer who has years of experience helping DUI/OVI suspects during the period between arrest and sentencing is also important for ensuring that the prosecution can prove its case. Substantiating a charge for driving under the influence of alcohol or drugs is often difficult, and weaknesses in the evidence often lead to having a case dismissed or to prosecutors agreeing to accept a plea to a lesser offense.

  • 2016-05-01
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What to Do If You Are Suspected of a Hit and Run

Do not hesitate to contact a Columbus, Ohio, criminal defense attorney if police accuse you of leaving the scene of an accident. Penalties for hit and run, which state statutes refer to as “fleeing the scene of an accident,” can be harsh, rising to as much as three years in jail when the crash resulted in another person’s death. Even a hit-and-run collision that only inflicts vehicle damage can lead to a 180-day jail term, a lengthy driver’s license suspension, and large fines.

  • 2016-04-21
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DUI Fines and Penalties in Union County Ohio

Union County, OH, DUI attorney Colin Maher summarizes the penalties and fines for operating a vehicle while intoxicated (OVI) on this webpage. If you want even more detail, you can download extensive charts prepared for the Garfield Heights Municipal Courts, which operate in Cuyahoga County but follow the same rules as Union County courts.

  • 2016-04-12
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Consequences of Disorderly Conduct in Ohio

The criminal consequences of disorderly conduct in Ohio can be severe in relation to the actual offense. The law is also quite broadly written and interpreted, putting school children at particular risk for arrest and criminal punishments.

  • 2016-03-25
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How Long Will My License Be Suspended After an OVI Conviction?

Losing the ability to drive without restrictions is one of the harsher penalties for operating a vehicle while impaired (OVI) in Ohio. One reason for this is that an administrative license suspension or a court-ordered suspension applies to any commercial driver’s licenses a person holds and to their personal license. Losing a CDL can mean losing one’s job.

  • 2016-03-15
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How to Fight a Disorderly Conduct Charge

“Disorderly conduct” is a catch-all misdemeanor charge, with fairly broad and vague definitions. The overarching principle of the law is that it prohibits anyone from “recklessly” causing “inconvenience, annoyance, or alarm to another” through these specific actions:

  • 2016-02-26
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Ohio OVI/DUI First Offenses

Don’t make the mistake of thinking that just because this is your first offense for Driving Under the Influence (DUI) also known by the updated acronym OVI – Operating a Vehicle Impaired – that the judge will go easy on you.  Even a first offense could mean jail time, substantial costs, a mandatory driver’s license suspension, and reinstatement fees.

  • 2016-02-17
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Tips on Preparing For A Trial

Your attorney will help you prepare for trial, but there are some preparations that defendants can make that can mean the difference between success and failure on trial day.

  • 2016-02-15
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Disputing Your Ohio Traffic Ticket

If you receive a traffic ticket and just turn around and pay that ticket, you are pleading guilty to the offense you were accused of committing. This is the case even if there may be circumstances or mitigating facts that would allow you to prevail and not have the guilty plea, and the resulting points on your record.

  • 2016-02-02
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What Families Can Do to Prevent Underage Alcohol Consumption

Preventing underage alcohol consumption should begin at an early age. It begins with the adults around the children modeling positive behavior. That means if you as the parent drink, don’t drink too much or too often. If you have a problem with drinking, get help.

  • 2016-01-07
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How to Avoid Adding Points to Your License

Aside from the obvious (don’t get traffic tickets), there are a number of ways to avoid adding points to your driver’s license. Accumulating points on your driver’s license can be costly in a number of ways. Most traffic violations come with points, and if you accumulate 12 or more points in a two-year period, your driver’s license will be suspended. Insurance companies regularly check your driving record and if you have added points to your license in the last year, chances are you will be charged a higher rate for insurance.

  • 2015-12-22
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What Happens if I’m Charged with a Third DUI?

If you already have two convictions for drunk or drugged driving offenses on your record, a third arrest for driving under the influence in Columbus, Ohio, puts you at risk for a lengthy jail sentence and thousands of dollars in fines and fees. You could also find yourself without a personal driver’s license and commercial driver’s license for a decade.

  • 2017-03-21
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Can Breath or Blood Test Consent Be Withdrawn?

Yes, you can stop taking part in breath, blood, and urine testing procedures after you have started. That simple answer requires a good deal of explanation, however, particularly because failing to do everything a police officer asks you to do can have serious legal consequences.

Implied Consent and Fifth Amendment Rights

When it comes to testing suspected drunk and drugged drivers, Ohio police act on the principle of implied consent. This means that simply getting into the driver’s seat can subject a person to all kinds of field sobriety tests and laboratory analyses of your breath, blood, and urine samples unless the person clearly states that he or she does not consent to those procedures.

  • 2017-02-15
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How a DUI Attorney Can Get Your Charges Dismissed

As a DUI attorney practicing in Central Ohio, I use three main strategies to convince prosecutors and judges to dismiss a charge for the offense that state statutes call operating a vehicle while intoxicated (OVI):

  • Challenging the way field sobriety tests were conducted and interpreted
  • Challenging how breath, blood, and urine samples were collected and analyzed
  • Negotiating a plea to a less-serious charge that carries a less-severe sentence

  • 2017-01-17
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Ohio Criminal Offense Penalties

The surest way to learn what penalties you may face when charged with a crime is to consult with a Columbus criminal defense attorney. Your lawyer will use their knowledge of state statutes, local ordinances, and experiences with helping defendants in similar circumstances to give you a clear picture of what a conviction or plea deal could mean.

  • 2016-12-27
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Out of State Drivers and DUI

Visitors to Ohio are subject to the laws of Ohio. When it comes to driving under the influence of alcohol or drugs, this means that anyone found operating a motor vehicle with one of the following blood alcohol concentrations will be arrested and charged immediately:

  • .08 BAC for anyone older than 21 and driving a personal vehicle
  • .04 BAC for anyone driving a commercial vehicle
  • .02 BAC for anyone younger than 21

Ohio police and Highway Patrol officers also specifically test suspected intoxicated drivers for the following drugs:

  • 2016-11-24
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5 Questions to Ask Before Hiring a Columbus Criminal Defense Attorney

You have hundreds of choices for criminal defense attorneys in and around Columbus, Ohio. Hiring the one who is best able to advise and represent you can make all the difference between avoiding an unfairly harsh penalty and serving a maximum sentence.

The Maher Law Firm understands we won’t be the right defense lawyer for every potential client. Still, we want every individual who gets charged with a crime in central Ohio to receive the best defense available. To help make sure that happens, we outline five types of questions every criminal defendant should ask an attorney before hiring him or her.

  • 2016-11-08
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5 of the Most Common Traffic Violations

Leaving aside drunk and drugged driving, the five things most likely to draw the attention of a local traffic cop or a Highway Patrol officer are speeding, following too closely, making improper lane changes, operating with faulty equipment, and running red lights. We’ll take brief looks at what getting ticketed for any of these can mean for an Ohio driver below.

  • 2016-10-25
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What to Do if a Cop Pulls You Over Under Suspicion of Drinking

An arrest and trial for driving under the influence can create almost as many problems as a conviction for what Ohio state statutes call operating a vehicle while intoxicated (OVI). The officer can make an administrative license suspension that works just like a court-ordered suspension and applies equally to the suspect’s commercial driver’s license. Also, the arrest can appear on the suspect’s driving record even if no conviction results. That will translate into higher insurance premiums and the possible loss of job opportunities that require driving company vehicles.

  • 2016-10-23
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What Types of Prescription Drugs Can Cause a DUI Charge?

Ohio laws that prohibit operating a vehicle while intoxicated (OVI) apply equally to diving under the influence of alcohol or drugs. The category of drugs, of course, includes prescription medications, so taking a wide range of otherwise perfectly legally and safe drugs can put an Ohio driver at risk for arrest and conviction. If you find yourself in this difficult situation, consider reaching out to a Columbus, Ohio OVI defense attorney, who understands how to handle cases involving prescription drug use.

  • 2016-10-17
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What Are the Hit and Run Laws?

Ohio law makes leaving the scene of an accident a criminal/traffic offense. Even a person hit by another driver must stop. Failing to do so can bring a jail sentence, criminal fines, a lengthy driver’s license suspension, points, and a court order to pay restitution. If you find yourself accused of committing the violation that state statutes call “failure to stop after an accident,” you should contact an experienced Columbus, Ohio, hit and run defense lawyer to explore ways to avoid those harsh punishments.

  • 2016-09-27
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Understanding the BMV Point System in Ohio

In Ohio, the penalties for most traffic violations include points system that the Bureau of Motor Vehicles (BMV) puts on the driver’s record. Racking up 12 points in a two-year period results in a suspension that lasts 6 months. Once that six month BMV license suspension is over, you must completely retest to get your license back and take a full day course at the BMV.

The rules regarding how penalty points are assessed are largely the same for people who drive their own cars and for commercial drivers. CDL holders do face a particular risk from accumulating penalty points, however.

How Many Points are on My License Ohio

Any driver’s license suspension that gets imposed in Ohio applies to each type of license a driver holds. This means that losing your own personal license to a 12-point suspension will also cost you your CDL. While limited driving privileges can be retained while under suspension, no one can operate a commercial vehicle while his or her Ohio-issued CDL is suspended. As a consequence, getting your license suspended often translates into losing one’s job.

How Ohio Assesses Penalty Points

Pleading guilty to, or being found guilty of, one of traffic violations or crimes listed below places points on your license.

Traffic Violation Points
Operating a Vehicle While Intoxicated (OVI)/Drunk or Drugged Driving 6
Hit-Skip/Leave Scene/Hit and Run 6
Driving With a Suspended or Revoked License 6
Drag Racing/Street Racing 6
Fleeing an Accident Scene/Eluding an Officer or Traffic Stop 6
Vehicular Assault 6
Driving Without a Vehicle Owner’s Consent 6
Vehicular Homicide 6
Reckless Operation/Reckless Driving 4
Operating a Vehicle After Underage Alcohol Consumption/Underage DUI 4
Speeding by 30 mph Over Limit 4
Speeding in a Commercial Vehicle 4
Running a Stop Sign 2
Dropping Items on a Highway/Unsecured Load 2
Disobeying or Interfering With an Officer’s Order 2
Disregarding a Traffic Light 2
Railroad Crossing Violation 2
Disregarding Traffic Signs 2
Hit-Skip on Private Property 2
Driving While Not Carrying Your License 2
Prohibited U-Turn 2
Speeding 2
Slow Speed 2
Following Too Closely 2
Driving the Wrong Way on a One-Way Street 2
Driving Left of Center 2
Crossing a Yellow Line 2
Failure to Yield to a Pedestrian or Blind Person 2
Failure to Yield to an Emergency Vehicle or Funeral Procession 2
Failure to Stay Within Marked Lanes 2
Failure to Yield Right of Way 2
Improper Passing 2
Stopped School Bus Violation 2
Failing to Maintain Assured Clear Distance 2
Improper Backing 2
Driving on a Closed Highway 2
Failing to Signal a Turn or Lane Change 2
Failing to Maintain Control 2
Physical Control (Alcohol-Related) 2
Driving on a Temporary Permit Without an Adult in the Vehicle 2
Curfew Violation While on Temporary Permit 2
Failing to Use Child Restraint 2

How Long Do Points Stay on Your License in Ohio?

Each set of points stays on the penalized driver’s Ohio BMV record for two years. The record is public information, like a criminal or arrest record. Insurance companies and employers will be able to access it if they want. Also, penalty points assessed against out-of-state drivers often transfer back to the person’s home state.

Can You Remove Penalty Points From Your Ohio Driving Record?

How to get points off your license in Ohio? There is no sure way to remove points from your driving record in Ohio aside from requesting a court to reopen already resolved cases.  The BMV will allow a two point extension on your Ohio driver’s license following successful completion of a state-sanctioned remedial driving course (allowing for 14 points prior to suspension). Drivers can only enroll in such a course once every three years, and only five times over their lifetime.

How Can You Appeal a 12-Point License Suspension?

Drivers can work with a Columbus, Ohio traffic violations lawyer to appeal a points suspension within a short period of time after notice of the suspension is sent from the BMV. It is very important to have your current address on file with the BMV so you can receive notice of potential suspensions.

What Is Required to Reinstate a Suspended Ohio Driver’s License?

Drivers who lose their license to a 12-point suspension must apply to the BMV for reinstatement by paying an extra fee, taking a remedial driving course, obtaining a proof of SR-22 insurance establishng full insurance coverage for the following 3 years, and retaking the complete licensing exam. Having a CDL reinstated can also require passing the full battery of tests and repaying the testing fees.

The best way to avoid a 12-point license suspension is to keep points off your license from the beginning. Contest every ticket as though your license depends on it. To discuss options for challenging a traffic ticket for speeding, driving under suspension, or even drunk driving, call The Maher Law Firm at (614) 205-2208. You can also reach out to a Columbus, OH, traffic violations lawyer by filling out this contact form.

  • 2016-09-19
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How Multiple DUI Offenses Can Stack Up Against You

Receiving a first conviction related to driving under the influence of alcohol or drugs increases your risk for subsequent DUI-related convictions. The cycle can be difficult to break because the increasingly harsh penalties for multiple DUIs leave people with fewer options to avoid suspicion and to exercise their rights to avoid incriminating themselves. These realities make working with an experienced Columbus, Ohio, multiple DUI offense attorney essential to avoiding an initial conviction.

  • 2016-09-13
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Do Penalties Escalate for a Higher BAC?

Yes. Having a high blood alcohol concentration (BAC) when you are pulled over for suspicion of operating a vehicle while intoxicated (OVI) will subject you to harsher penalties, especially, but not only, when it comes to jail time.

That one-sentence answer hides a lot of complexity. What counts as OVI? What is a “high BAC”? Do legal BAC limits differ for different drivers? What penalties become more severe as BAC increases? How is BAC even measured?

Here are brief answers to each of the questions. You can learn more and request representation from an experienced Madison County, OH, drunk driving lawyer by calling The Maher Law Firm at (614) 205-2208 or filling out this contact form. An initial case consultation is free, and lead DUI/OVI defense attorney Colin Maher charges clients a flat fee.

  • 2016-08-16
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Offenses You May Not Know Are Criminal Charges

Even as an experienced Columbus, Ohio, criminal defense attorney, I occasionally find myself surprised and amused by a BuzzFeed or Cracked-type list of weird laws that include entries like “Elephants wearing top hats are prohibited” and “No person shall give alcohol to fish.” But—and, again, as a criminal defense lawyer—I know that many Ohioans run afoul of the law unintentionally simply because they do not realize certain statutes exists.

  • 2016-08-04
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5 Reasons Why You Should Fight a Traffic Ticket

Fighting a traffic ticket often makes sense even when you can afford the fine and would prefer to avoid the hassle of appearing in court. Speaking with an experienced traffic lawyer Columbus can help you perform the cost-benefit analysis. Short of a legal consultation, here are five of the most important reasons that support a decision to contest a citation for anything from making an unsafe lane change to speeding and reckless operation.

  • 2016-08-01
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Medications and Conditions That Cause False Results on Sobriety Tests

Results from sobriety tests performed by the side of the road and in state-certified labs provide key pieces of evidence for charging and convicting Ohio drivers for driving under the influence of drugs or alcohol. Neither the field sobriety tests (FSTs) nor breath, blood, and urine tests are 100-percent reliable, however. Several physical conditions and medications can produce effects that police and lab technicians mistake for signs of impairment and intoxication.

As an experienced DUI defense attorney in Columbus, Ohio, Colin Maher of The Maher Law Firm has helped many clients clear their names after getting falsely and unfairly accused of the offense state law refers to as operating a vehicle while intoxicated (OVI). A few of the physical problems and drug therapies that can confuse sobriety tests have brief descriptions below.

Conditions That Make Passing Field Sobriety Tests Difficult

  • Lazy eye—The first FST, an officer who stops you for suspicion of driving under the influence may administer, is called a horizontal gaze nystagmus. You can refuse to participate. If you agree, the officer will ask you to follow the tip of a small flashlight or pen using only your eyes. Any problems you have with intentionally controlling your eye movements (e.g., lazy eye, strabismus, cross-eye) can be taken as signs you have been drinking or taking drugs.
  • Brain injury—Any sort of head trauma can inflict lifelong difficulties with muscle control, vision, balance, and concentration. While you may be fine to drive, the unique movements and instructions involved with field sobriety tests can stretch your abilities to the breaking point.
  • Inner ear problems—Two of the most commonly administered FSTs require impeccable balance. Any form of ear infection, vertigo, or damage to the fine bones of the inner ear can make walking a straight line heel-to-toe and standing on one leg without swaying or falling impossible.
  • Speech impediments—Officers who make DUI/OVI stops listen closely for slurred words and confusingly phrased or halting responses.
  • Hearing problems—Key to passing field sobriety tests is following verbal instructions exactly. Mishearing what an officer tells you to do and, subsequently, “being noncompliant” can translate into test failure.
  • Bone or joint injury—Performing the walk-and-turn test and the one-leg stand test can be difficult-to-impossible if you suffer from a sprained ankle, injured knee, bad hips, or lower back pain.
  • Arthritis—As with injuries, long-term joint pain and stiffness limits mobility and flexibility.
  • Obesity—Performing the one-leg stand can require significant strength and stamina for even thin people.
  • Old age—See all of the previous items. Also know that tremors and neuropathies (i.e., tingling, numbness) can cause poor performance on field sobriety tests.

Medications That Make Passing Field Sobriety Tests Difficult

  • Prescription pain medications—OxyContin, Vicodin, Percocet, and all combination tablets or capsules containing hydrocodone are classified as opioids, which are chemically very similar to opium and heroin. Even low therapeutic doses of such medications can adversely affect balance, speech, and alertness.
  • ADHD drugs—Ritalin and similar medications taken to control symptoms of attention deficit/hyperactivity disorder contain amphetamines as active ingredients. Using ADHD drugs can make you jumpy and distracted.
  • Antianxiety medications—Xanax and other medications prescribed for emotional and mental disorders can make users drowsy and unable to fully focus their eyes during a close inspection.
  • Muscle relaxants—Taking Flexeril or a similar medication can make you a little too loose.
  • Sleep aids and cough and cold medications—Even mild drowsiness looks like intoxication to many police officers.

Medications That Can Produce False Positives on Blood and Urine Tests for Drugged Driving

Many liquid over-the-counter cough and cold remedies contain alcohol. Therapeutic levels of opioid painkillers, ADHD drugs, and other medications marked as being in Schedules II-IV can register as too high to drive legally. Working with your Ohio DUI/OVI defense lawyer to challenge laboratory drug and alcohol test results is always a wise decision. If you need help fighting a poorly performed or incorrectly interpreted drug or alcohol test, request a consultation by calling attorney Colin Maher at (614) 205-2208 or scheduling an appointment online.

  • 2016-07-26
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5 Reasons Why You Should Fight a Traffic Ticket

Fighting a traffic ticket often makes sense even when you can afford the fine and would prefer to avoid the hassle of appearing in court. Speaking with an experienced Columbus, Ohio, traffic ticket lawyer can help you perform the cost-benefit analysis. Short of a legal consultation, here are five of the most important reasons that support a decision to contest a citation for anything from making an unsafe lane change to speeding and reckless operation.

  • 2016-07-21
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Consequences of Not Paying DUI Fines

Failing to pay any criminal or traffic fine in Ohio will likely cost you your driver’s license. Unpaid court costs and restitution can also prove problematic.

In all instances when a court accuses you of not paying fines or fees, you have the right to a hearing and the right to be represented by a Columbus, OH, criminal defense attorney. Exercising these rights is important because not responding to a notice of delinquent fines can make you subject to arrest and imprisonment for failing to appear.

  • 2016-06-29
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Why Can’t We Legally Drink Until 21?

Why has Ohio enforced a minimum drinking age of 21 since 1988?

The short answer is that lawmakers and safety advocates, with broad support from voting public, wanted to curb drunk driving. A more complete answer points to the need to continue receiving a full allotment of federal highway funds and to the overall poor performance of younger drivers.

  • 2016-06-14
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Why You Should Fight a License Suspension

Five major reasons exist for fighting a driver’s license suspension.

You will lose all driving privileges for weeks or longer.

Ohio law allows drivers placed under suspension to reclaim some limited driving privileges after a fixed time has passed. For a court-issued suspension related to a first-time conviction for operating a vehicle while intoxicated, for instance, the earliest that you can be permitted to drive to and from work, court appearances, or doctor’s appointments would be 15 days. Getting caught driving in the first 15 days will result in you serving jail time.

  • 2016-05-24
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Is it a Good Idea to Request a Trial by Jury?

Each criminal defendant has the right to request a trial by jury so long as they are charged with an offense that carries the possibility of jail time. Choosing to exercise that right depends on several factors that differ from case to case and defendant to defendant. When advising clients on whether to request a bench trial in front of a single judge or before a jury, Columbus, Ohio, criminal defense attorney Colin Maher, the founder of The Maher Law Firm, focuses on the issues of evidence and empathy.

  • 2016-05-10
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When Does a Police Officer Have to Appear in Traffic Court for a Traffic Violation?

When you contest a traffic ticket and insist on your right to a trial, the police officer or state trooper who issued your ticket must appear in court. This requirement exists because your right to fair treatment under law includes allowing you to face and question your accuser. That explanation sounds a little grandiose for something like fighting a speeding ticket, but constitutional rights always apply whenever you deal with law enforcement officers and judges.

  • 2016-05-03
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Avoiding DUI Checkpoints: Your Rights

You do not have to drive through a DUI checkpoint. If you know police will be conducting random stops along your usual route, take a different road. If you spot a roadblock in time, turn around.

Avoiding a DUI checkpoint really is that simple, but you either need to plan ahead or act quickly and responsibly.

  • 2016-04-30
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Steps to Take When You Are Accused of a Crime You Didn’t Commit

Your best defenses against a false arrest and an unjust conviction are exercising your right to remain silent and insisting on your right to retain quality legal representation.

Police, prosecutors, judges, and juries make mistakes, and the pressure to accept a plea to a lesser offense you also did not commit just in order to end the ordeal of being wrongfully accused of a truly serious crime can become overwhelming. To ensure that you do not get steamrolled by the system, avoid incriminating yourself and work closely with a private Columbus, Ohio, criminal defense attorney who can make your case a top priority.

  • 2016-04-19
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Why Sobriety Tests Are Unreliable

Combinations of field sobriety tests and chemical tests for alcohol and drugs are used to make arrests and secure convictions for operating a vehicle while impaired (OVI). Each set of assessments have reliability issues. A skilled Delaware, Ohio, OVI attorney will know how to probe those weaknesses while mounting a defense against a drunk or drugged driving charge.

When a law enforcement official stops a driver for suspicion of driving under the influence, he or she will ask the suspect to perform several tasks. Refusing the request is within the suspect’s rights, but doing so will likely result in an arrest and administrative license suspension.

  • 2016-04-07
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Are DUIs Only Charged When Alcohol Is Involved?

Driving under the influence of drugs is a criminal offense. Many medications and chemicals categorized as controlled substances can impair balance, coordination, wakefulness, and decision making, so drivers found with high enough concentrations of those substances in their bodies can be charged with operating a vehicle while intoxicated (OVI) in Ohio.

  • 2016-03-22
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Current DUI Penalties and Fines in Ohio

A full breakdown of the penalties people can face in Ohio for driving under the influence of alcohol or drugs appears on this Maher Law Firm webpage. Consequences can include.

  • Jail or house arrest while wearing an alcohol-detecting tracking bracelet
  • Driver’s license suspension for at least six months
  • Complete loss of driving privileges for at least 15 days
  • Criminal fines that start at $375 for a first offense
  • Safe driving courses that cost several hundred dollars and take days to complete while often staying at a hotel
  • Mandatory addiction treatment
  • Use of specially designed and uniquely colored DUI offender license plates
  • Use of an ignition interlock device that is also known as a car breathalyzer
  • Vehicle immobilization by booting or impoundment
  • Vehicle surrender

  • 2016-03-10
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What are the Differences Between Reckless Operation and Physical Control?

Reckless driving or reckless operation is a fairly common traffic offense on Ohio roadways.  The reason it is a common offense is that it can be used as a “catch-all” charge which could include infractions as diverse as passing a school bus, weaving in and out of traffic, failing to yield to an emergency vehicle, extremely excessive speed, and even following too closely or tail gating.  But don’t be fooled, even though it is a common offense, the penalties associated with it can be very serious and have a big impact on your driving record if not your life.

  • 2016-02-25
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Should You Refuse a Breathalyzer if You Carry a CDL?

While you have the right to refuse to submit to a breathalyzer test, refusing to submit to a chemical test of your blood, breath, or urine can earn you a one-year commercial driver’s license (CDL) suspension. As long as you have an Ohio driver’s license of any kind, you use that license under what is known as “implied consent.” In other words, by having the license, you automatically consent to chemical tests if you are suspected of drunk or drugged driving.

  • 2016-02-17
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Can You Get Your License Reinstated Faster?

First, we should be clear with the terms we use. Having your driver’s license fully reinstated is one action, while receiving limited driving privileges while under suspension is another.  Reinstatement involves fully satisfying all requirements in order to get a valid license through the Ohio Bureau of Motor Vehicles.  Getting limited driving privileges involves your ability to drive for certain reasons while your license is not valid.

  • 2016-02-15
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Your Rights As An Inmate

You have legal rights as a prisoner. If you are in prison, it is important to acquaint yourself with those rights and make sure your rights are respected.  

First, the United States Constitution provides rights that are available to you even if you are in prison.

You are to be presumed innocent until proven guilty. The Eighth Amendment to the Constitution prohibits cruel and unusual punishment. When this amendment was initially passed, it was intended to preclude torture or extreme forms of death. The amendment has come to represent prohibitions against any type of inhumane treatment that is contrary to the prisoner’s human dignity, such as inhumane living conditions like rodent infestations, or inadequate toilet facilities. Assault by prison officials could also be an example of cruel and unusual punishment.

  • 2016-01-19
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I Hit a Parked Vehicle and Can’t Find the Owner – Do I Leave?

Hitting a parked vehicle, though embarrassing and inconvenient, could become much more than a nuisance if you simply leave the scene of the accident. If you hit a parked vehicle, you must provide your name, address, and vehicle registration number in a visible place on the vehicle that you hit. If you do not own the vehicle, you must provide the vehicle owner’s name and address.

  • 2016-01-05
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Underage DUI Penalties (Including under 18)

Here are some sobering facts about underage drinking, which may give you some insight as to why the State of Ohio takes this crime so very seriously and enforces underage drinking laws vigorously.  Here are a few facts from the National Institute on Alcohol Abuse and Alcoholism:

  • 2015-12-18
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5 Things to Do After Being Charged With DUI

You must act quickly and consistently to establish and succeed with a defense against a drunk or drugged driving charge. Taking the following five steps when accused of operating a vehicle while intoxicated (OVI) in Ohio will help.

Call a Columbus Ohio DUI Lawyer

Your right to speak with an attorney who focuses on defending people charged with driving under the influence exists from the moment a police officer pulls you over or approaches you at a DUI checkpoint. Exercising that right as soon as possible after you hear that you will be charged with OVI gives you access to helpful advice and representation for enforcing your other rights, including protections against self-incrimination and illegal searches.

  • 2017-03-14
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How to Get a Traffic Ticket Dismissed in Ohio

There is no surefire way to get a traffic ticket dismissed in Ohio. However, working closely with a Ohio traffic ticket lawyer to take the following steps can increase your chances for keeping a traffic conviction off your driving record as well as not having to pay fines and fees.

Contest the Traffic Ticket and Request a Court Date

  • 2017-02-06
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How Do Ohio DUI Penalties Compare to Other States’?

Every state penalizes driving under the influence of alcohol or drugs harshly. Ranking states from lenient to draconian really doesn’t make sense, but it can help to know what you might face if you get convicted of DUI in different localities.

The drunk driving defense attorney with the Maher Law Firm detail Columbus Ohio DUI penalties here. The following chart contrasts a subset of what an intoxicated or stoned driver could expect in neighboring states if he or she has never been convicted of drunk or drugged driving.

Typical First-Time DUI Penalties in States That Border Ohio

  • 2017-01-05
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Can I Receive Driving Privileges?

Ohio law allows people to regain limited personal driving privileges after they lose their license due to a criminal or traffic offense. Commercial driving privileges stay suspended for the entire period of a court-ordered or administrative suspension. Working with a license suspensions attorney in Columbus Ohio can shorten the time a person must refrain from driving altogether.

  • 2016-12-24
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Fraud Charges and Their Penalties in Ohio

Ohio law treats fraud as both a kind of theft and as a method for committing theft. Penalties for fraud include jail time, large fines, and restitution. Importantly for anyone charged with fraud, a conviction requires proving to a judge or jury that the accused defendant intended to defraud someone or to steal money or property in a fraudulent manner. Working with an experienced Columbus Ohio criminal defense attorney can help prevent a misunderstanding over ownership or permission to escalate into a criminal record.

  • 2016-11-22
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How to Avoid a CDL Suspension in Ohio

Commercial drivers in Ohio can have their CDLs suspended for dozens of reasons. A long list of criminal offenses, traffic violations, and regulatory lapses that carry commercial driver’s license suspension penalties appears elsewhere on this Maher Law Firm website. When checking out that rundown, note that a first-time suspension raises a commercial driver’s risk for subsequent CDL suspensions.

  • 2016-11-03
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Outside Factors That Can Affect Sobriety Tests

Police, prosecutors and judges in Columbus Ohio put great stock in sobriety tests when making arrests and holding trials on charges of operating a vehicle while intoxicated (OVI). The tests and their results are far from infallible, however. Several factors can influence how each assessment of impairment due to alcohol or drug use is performed and interpreted.

Discussing all the options for an OVI defense will require sitting down with an experienced Columbus Ohio OVI attorney. Here are just a few insights into how sobriety tests done by the side of the road and in a medical facility can produce unreliable and inadmissible information that should not be used to secure a conviction.

  • 2016-10-25
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Alternative Sentences for DUI in Ohio

Ohio law offers few alternatives to jail time for a conviction on the charge state statutes call operating a vehicle while intoxicated (OVI). Most of the penalties that take the place of incarceration are only available to first-time drunk or drugged driving offenders, but a dedicated Union County, OH, DUI attorney will explore all the options for a more-lenient sentence when a conviction or plea deal becomes unavoidable.

  • 2016-10-21
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How Much Jail Time Do Repeat DUIs Warrant?

The repeat DUI attorney in the Columbus, Ohio, offices of The Maher Law Firm know that multiple convictions on the charge that state statutes call operating a vehicle while intoxicated (OVI) can carry severe penalties. One component of such sentences many of our clients understandably worry about is jail time.

  • 2016-10-13
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The Types of DUI and Their Penalties

Ohio police enforce several laws against driving under the influence of alcohol or drugs. The basic offense, and the one most people think about when they hear “DUI,” is called operating a vehicle while intoxicated (OVI). Other anti-drunk and drugged driving statutes and special provisions exist for commercial drivers, drivers younger than 21, boaters who are under the influence, and multiple OVI offenders. Ohio also recognizes merely sitting in the driver’s seat of vehicle while intoxicated as an offense.

  • 2016-09-23
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How Can a Domestic Violence Lawyer Help Me?

Your domestic violence defense attorney will treat you fairly and with respect.

Few people may want to listen to your side of the story after police charge you with threatening or harming someone close to you. As your legal representative, advisor, and ally, an empathetic and ethical Columbus domestic violence lawyer will never prejudge you and will always work to achieve the result that is in your best interest.

  • 2016-09-17
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When You Can Drive if Your License Is Suspended

You have several options for getting back on the road after your license has been suspended. The options available to you depend on why, how, when, and the type of suspension that was issued. In each case, you have the right to seek advice and representation from a Columbus Ohio lawyer who knows all the details and risks of driving under suspension.  The best way to stay on the road is to hire an experienced Columbus traffic attorney any time you are charged with a traffic offense.  Your attorney will be able to advise you of the possibility of suspension or the potential for future suspensions so you can take steps to avoid it.

  • 2016-08-29
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What May Happen When You Refuse a Sobriety Test

Ohio law enforcement personnel use two sets of tests to make arrests and bring charges for operating a vehicle while intoxicated (OVI):

  • Field Sobriety Tests—usually a combination of eye movement tracking, walking a straight line, and standing on one leg
  • Breath, Blood, and Urine Tests—collecting samples for analysis

Most people suspected of driving under the influence of drugs or alcohol have a legal right to decline requests to perform field sobriety tests and to provide samples for lab testing. Exercising those rights can have consequences, however.

  • 2016-08-16
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How You Can Be Wrongfully Charged with Reckless Operation

Section 4511.20 of the Ohio Revised Code states that “No person shall operate a vehicle … on any street or highway in willful or wanton disregard of the safety of persons or property.” The state statute makes a point of not explicitly defining “willful or wanton disregard. That omission represents the number-one reason a driver might be wrongfully charged with reckless operation.

  • 2016-08-03
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Why People Drive Under a Suspended License

Life does not stop. You have to get to work, shop for groceries, take the kids to practice, and attend to dozens of other obligations and errands each week. Driving, for all its traffic-related frustrations, fuel and maintenance expenses, generally makes our lives easier. Sometimes, driving is what makes life livable at all, as when we must rush a loved one to the hospital or head out of town on short notice to attend to a crisis.

  • 2016-07-29
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How to Get Your CDL Reinstated After a DUI

The steps you must take to get your commercial driver’s license back after getting charged with driving under the influence depend on the type of suspension you received. Ohio law allows police to make an administrative license suspension, or ALS, after taking a person into custody for suspicion of operating a vehicle while intoxicated (OVI). An OVI charge that leads to a guilty plea or conviction results in a court-ordered suspension.

  • 2016-07-26
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How a Defense Attorney Can Defend You Against a Hit and Run Charge

Anyone convicted of a misdemeanor for leaving the scene of a car crash in Ohio can get sentenced to six months in jail and lose their driver’s license for up to three years. Criminal fines can also total $1,000, restitution can be ordered, and six points can be put on the offender’s license. Such harsh penalties can apply even if the offense involved nothing more than running into a parked vehicle and then taking off without leaving a note for the owner.

  • 2016-07-08
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Do I Have to Stop at a DUI Checkpoint?

The question “Do I need to stop at a DUI checkpoint?” does not lend itself to a simple yes or no answer. What you can legally do when police set up a station to screen all passing motorists for signs of operating a vehicle while intoxicated (OVI) depends on where you are. Let’s run a few common scenarios.

  • 2016-06-21
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Charges for Arson in Ohio

Chapter 2909 of the Ohio Revised Code makes it a crime for any person to use fire or explosions to “knowingly … cause, or create a substantial risk of, physical harm” to a building, person, piece of property, or vehicle. An alleged arson offense could also be treated as vandalism or terrorism, and, depending on the target and the amount of injury or damage inflicted, the purported criminal act can be prosecuted as a high-level misdemeanor or a felony. Jail and stiff fines are always possible, making hiring a Columbus, Ohio, criminal defense attorney a must when charged with arson.

  • 2016-06-02
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Can I Get a DUI on Private Property in Ohio?

To answer the title question directly: Yes.

In more lawyerly language, the accusation of dunk or drugged driving results from suspected use of intoxicants rather than the location where a driver attracts the attention of a law enforcement officer. As a result, Ohio police have the authority to make arrests for driving under the influence on private property. This means that Ohioans have been charged with operating a vehicle while intoxicated (OVI) in parking lots and driveways, on golf courses and unpaved access roads, stadiums and fairgrounds.

  • 2016-05-17
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When is an Ignition Interlock Device Required?

Any conviction or guilty plea for operating a vehicle while impaired (OVI) in Ohio can lead a judge to order the offender to use an ignition interlock device. This is true in cases involving alcohol and/or drugs. The penalty becomes mandatory for an alcohol-related OVI after a second offense within six years. Individuals with multiple drug-related or alcohol related OVI offenses on their record are also likely to be required to use an ignition interlock.  House Bill 469 proposes making ignition interlock mandatory for every alleged offender, even on the first offense.

  • 2016-05-05
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Can I Be Charged with DUI if it’s an Emergency?

Avoiding a DUI charge once an Ohio law enforcement officer asks you to perform field sobriety tests is difficult in many scenarios. The officer can be predisposed to interpret any stumble, stammer, or errant eye movement as evidence you were drinking or using drugs before getting on the road. Ironically, arguing that you were not can heighten the officer’s suspicion that you were.

Of course, if you, a friend, or a family member is experiencing an emergency in your car or at the place you were trying to reach, you are likely to answer a police officer’s questions in a confused manner and to have trouble doing things like perfectly walking a straight line heel-to-toe. Claiming that the emergency is why you committed a purported traffic violation that caught the officer’s attention or failed the field tests will do you little good.

  • 2016-05-01
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What Can Happen if a DUI Causes Injury to Another Person?

Expect to face severe criminal charges and a civil personal injury or wrongful death lawsuit if you get charged with inflicting injuries while driving under the influence of alcohol or drugs. All courts, law enforcement personnel, and insurance companies in Ohio take accusations of operating a vehicle while intoxicated (OVI) seriously and will strive to maximize penalties against a driver they believe to be at fault. Hiring a Columbus, Ohio, DUI lawyer when that happens is essential.

  • 2016-04-29
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Should I Talk to My Child About Underage Drinking?

Teenagers must know that buying and using alcohol before they reach the legal age of 21 can have serious and long-term criminal consequences. Even if simple possession of beer or carrying fake ID get prosecuted as misdemeanors, having any kind of criminal record can jeopardize educational and employment opportunities. In fact, simply getting charged with any kind of alcohol-related offense is considered a violation of many schools’ student code of conduct. Expulsion and loss of scholarships are real possibilities for committing what most people may consider youthful indiscretions.

  • 2016-04-14
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How to Fight a Speeding Ticket

Fighting a speeding ticket in Columbus, Ohio, is relatively straightforward and often successful. The process does require commitments of time and money.  It is often beneficial to hire speeding ticket lawyers like those from The Maher Law Firm to help.

  • 2016-04-05
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What Constitutes OVI in Ohio?

Issuing and proving a charge for driving under the influence of alcohol or drugs in Ohio takes a combination of reasonable suspicion, field sobriety test (FST) results, and laboratory test results. The last type of evidence provides the strongest grounds for penalizing a person for operating a vehicle while intoxicated (OVI).

  • 2016-03-17
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Habitual DUI Offenders: How a DUI Offense Attorney Can Help

As you might guess, subsequent DUI offenses can incur steeper fines and penalties, and can quite possibly decrease any leniency the judge might have been inclined to show in sentencing.  An attorney who is skilled and experienced in defending clients against multiple DUI offense charges may be able to help you avoid or mitigate some of these penalties.

  • 2016-02-28
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Human Error During Field Sobriety Tests

All three of the standard field sobriety tests an officer in Ohio will administer are subject to human interpretation, and therefore subjective in nature and open to human error. In addition to possible errors in interpretation of the tests, there are a number of variables that could impact how well you perform the tests which have nothing to do with whether you have been drinking or not.

  • 2016-02-23
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Consequences for Boating While Intoxicated in Ohio

In the United States, alcohol use is the number one contributing factor in boating deaths according to the United States Coast Guard statistics. In addition, alcohol use is among the top five contributing factors in boating injuries and accidents. Due to this safety concern, officials are on the lookout for those boating under the influence.

  • 2016-02-17
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What are the Differences Between Theft and Robbery?

Theft is when you deprive the owner of goods or services without authority to do so. The charge is elevated to robbery when the theft occurs with violence, or threats of violence. For an in depth look at the crime of theft and its penalties, see our blog on theft here.

  • 2016-02-10
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Traffic Violations You Don’t Know You’re Committing

The more years between driver’s ed and your current age, the more likely we are to forget some of the rules of the road that could get us ticketed by an attentive law enforcement officer. Here are some reminders of traffic violations that we tend to get sloppy about.

One good reminder and one we often see other drivers violating is the use of a handheld mobile device while driving. You are also not allowed to drive while using headphones.

  • 2016-01-12
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Should You Hire a Columbus Traffic Ticket Lawyer?

According to a 2012 news article in The Columbus Dispatch: “showing up in court almost always pays off. A review of more than 4,500 tickets issued in work zones around the I-71/670 interchange and on I-270 found that more than 93 percent of people who went to court (or had an attorney go to court for them) instead of mailing a check or entering a credit-card number online walked away with reduced or dismissed fines. Court officials say such statistics are a real-world glimpse at how the judicial system operates, not only for construction-zone speeding tickets but for all kinds of minor traffic offenses.”

  • 2015-12-22
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What Can Happen If You Don’t Stop When Police Tries to Pull You Over

There are many possible consequences for not stopping when a cop signals you to pull over. None of them are good.

One possible consequence is that a high-speed chase ensues when you fail to stop after being signaled by a law enforcement officer. The risks here include losing control of your automobile and hurting yourself and/or someone else, including the police officer. It is quite possible that an innocent bystander gets in the way, and you cannot avoid hitting them. Now charges that may have been relatively minor, such as a traffic violation, are major.

  • 2015-12-18
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