Author: Colin Maher

Is It Illegal to Drive Through Parking Lots?

Posted on by Colin Maher

You have undoubtedly had days were sitting in what seems to be never-ending traffic or at a red light is putting a damper on the day. There may be a parking lot off to the side that is tempting you to cut through quickly in an effort to get yourself out of traffic or to avoid an intersection.

While cutting through a parking lot may seem like a simple thing to do to avoid traffic, there are certain restrictions.

While you may not commonly think to ask if it is illegal to drive through parking lots, we answer this question and more below.

Is it Illegal to Drive Through Parking Lots?

In many states, it is illegal to drive through parking lots as a means of cutting through. In Columbus Ohio, trying to avoid a light will result in a 2 point penalty applied to your license if you are found guilty.

While it can be tempting to just sign off on the traffic ticket you are given for driving through a parking lot and submit payment, keep in mind that going to court or hiring a Columbus traffic ticket lawyer to go for you is often the better choice. Working with a Columbus traffic ticket attorney from The Maher Law Firm will help ensure you get the best result possible.

Is it Illegal to Drive Through a Parking Lot to Avoid a Traffic Light?

Regardless of whether the light is green, yellow, or red, cutting through a parking lot to avoid a traffic light can result in a traffic ticket.  Because this ticket can result in 2 points on your license, it is important to fight against tickets whenever you receive them. Accumulating 12 or more points over a 2-year period, you face a license suspension, reinstatement fees, retaking your driver’s license test, higher insurance rates, etc.

Please be aware that there are plenty of other uncommon traffic violations in Ohio like driving below the speed limit to the point of impeding traffic as well as wearing headphones while driving.

Is it Illegal to Drive Through a School Parking Lot?

Whether you cut through a store parking lot or a school parking lot, you still run the risk of receiving a traffic ticket. Typically, the only time you can cut through a parking lot without the risk of receiving a ticket is when law enforcement has directed you to do so.

Connect with a Traffic Ticket Attorney in Ohio

When it comes to uncommon questions like is it illegal to drive through a gas station parking lot, you may find yourself with more specific questions relating to your own situation. If you or a loved one has received a traffic ticket in Columbus Ohio, reach out to a Columbus traffic ticket attorney from The Maher Law Firm for assistance.

For a free and confidential phone consultation with an experienced Columbus traffic ticket attorney call The Maher Law Firm today at 614-205-2208 or contact us online.

Is verbal assault a crime in Ohio?

Posted on by Colin Maher

Being charged with assault of any type can be a major concern. Facing an assault charge after a verbal altercation can bring extra confusion, especially if it is not something you are familiar with.

A common assumption is that assault charges need to include some physical aspect to them, but assault charges can result from a verbal altercation as well.

Below we answer a few questions related to verbal assault-type crimes in Ohio.

Is Verbal Assault a Crime in Ohio?

According to Section 2903.22 of the Ohio Revised Code (ORC), verbal assault (also known as menacing), occurs when one person knowingly causes “another to believe that the offender will cause physical harm to the person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family.”

This kind of verbal assault can be based on “words or conduct of the offender” that are directed at or identify an organization, corporation, or any kind of association that the other person is employed by or that they belong to.

In the simplest terms, menacing and verbal assault refers to verbal threats of harm regardless of the intention to carry out said threats.

In Ohio, menacing is considered a fourth-degree misdemeanor.

A fourth degree misdemeanor in Ohio can result in the following penalties:

  • Up to 30 days in jail
  • Fines up to $250
  • Probation and fees
  • Counseling

To read more on misdemeanor penalties in Ohio, see our page here.

Is Racist Verbal Assault a Crime?

As previously discussed, verbal assault is considered a crime in Ohio. That can also include racist verbal assaults where another person believes that the offender will cause physical harm to the person, their property, or their immediate family.

Verbal assault that is racially motivated can also be considered ethnic intimidation according to Section 2927.12 of the ORC. This section lays out that an individual violates Section 2903.22 (see above) by “reason of the race, color, religion, or national origin of another person or group of persons” is subject to increased penalties i.e. misdemeanor of the fourth degree becomes a misdemeanor of the third degree.

Is Verbal Assault on a Cop a Crime?

Under Ohio law, assault in general that involves a “peace officer or an investigator of the bureau of criminal identification and investigation” will be considered a fourth degree felony.

Being charged with either a misdemeanor or felony can be concerning, especially when the penalties associated with these charges can be life-changing.

Consulting with a Columbus criminal defense attorney can be beneficial as they can help show your innocence, provide insight into your situation, and help you understand the law surrounding assault.

What Should I do if I am Accused of Verbal Assault?

If you are accused of verbal assault or menacing, it’s important to understand right away that it is a serious matter. Since verbal assault is considered a fourth-degree misdemeanor in Ohio, you should not take this accusation lightly.

Reach Out to an Experienced Ohio Criminal Defense Attorney

Here at The Maher Law Firm, Colin Maher has over ten years of experience handling a wide range of criminal and traffic cases throughout central Ohio including DUI, domestic violence, weapons offenses, and assault charges. Treating each case with priority and care, Colin is here to help.

Reach out today for a free and confidential phone consultation at 614-205-2208 or by filling out our online contact form.

Are Camera Speeding Tickets Legal in Ohio?

Posted on by Colin Maher

Traffic camera usage has seen a steady increase from the early 90s into the mid-2010s. By 2021, about 344 U.S. communities were using red light camera programs specifically, according to public information tracked by the Insurance Institute of Highway Safety (IIHS).

With traffic camera usage being a recent topic addressed by the Ohio Supreme Court, now is a great time to answer a few questions for drivers who may be facing speeding tickets related to traffic camera usage and what that means for them in Ohio.

Are There Speeding Cameras in Ohio?

Yes, there are speeding cameras in Ohio.

They are not everywhere, but certain cities and municipalities choose to use them.

Are Camera Tickets Enforceable in Ohio?

Ohio has been using camera tickets for traffic violations since the early 2000s. But many people still have questions about their enforceability, payment procedures, and impact on driving records. Currently, there are over 20 cities in Ohio that rely on camera tickets to enforce traffic rules. 

One of the most common questions about camera tickets is whether they are enforceable in Ohio. The answer is yes. Failure to respond to a camera ticket or appear in court can lead to driver’s license suspension. This means that you can’t renew your license or register a new vehicle until you’ve paid the fines and other associated fees. Unpaid camera tickets can also lead to higher insurance premiums upon renewal.

Are Traffic Cameras Legal in Ohio?

In 2004, Ohio passed a law that allowed cities to install red-light cameras and speed cameras to issue tickets to drivers who violate traffic laws.

The legality of traffic cameras in Ohio is not solely based on the state law but also on individual city ordinances and court rulings. While Ohio law allows traffic cameras, it does not require their use, and it allows each city to set its guidelines and procedures for the cameras. Some cities in Ohio have chosen to remove traffic cameras altogether, such as Garfield Heights, which cited the high cost of operating and enforcing them.

Traffic camera tickets in Ohio face many legal challenges, including citing the violation without the driver’s identity, violating the equal protection and due process clauses, and contradicting the city’s own traffic codes.

Can You Get a Traffic Ticket from a Camera in Ohio?

Traffic cameras can be used for the purpose of detecting traffic violations, as laid out by Section 4511.093 of the Ohio Revised Code, with certain stipulations.

Stipulations laid out include that a local authority “shall use a traffic law photo-monitoring device to detect and enforce traffic law violations only if a law enforcement officer is present at the location of the device at all times during the operation of the device and if the local authority complies with sections 4511.094 and 4511.095 of the Revised Code.”

Traffic cameras can also not be used to enforce or detect traffic violations on interstate highways.

For further information regarding how Ohio state law may apply to your speeding ticket from a traffic camera, be sure to reach out to The Maher Law Firm for more specific assistance.

Can I Ignore a Camera Speeding Ticket?

Ignoring a camera speeding ticket may not be your best option. If you ignore the ticket, the fine will increase, and your driving record will be negatively affected. You can even receive a court summons, which will cost you more in legal fees and time. When the ticket arrives, it’s best to pay it or dispute the ticket.

If you’re not sure whether or not the ticket is valid, it’s best to dispute it in court. You may even end up avoiding the ticket altogether if the ticket was not issued correctly. To dispute the ticket, you’ll need to go to court. You can dispute the ticket by presenting evidence that the camera didn’t function correctly, that the speed limit signs were not clear or visible, or that you were not driving the car at the time of the violation.

What Happens if You Don’t Pay a Traffic Camera Ticket in Ohio?

With a traditional traffic ticket in Columbus Ohio, you can expect to face potential penalties like license points, an increase in your car insurance rates, and even possible license suspensions depending on how many points were already on your license, whether or not you had insurance at the time of the stop, and if your violation could be considered reckless.

A traffic camera ticket differs from a traditional ticket, in most cases. Traffic camera tickets in Ohio, typically are not treated like a regular speeding tickets.  They are often considered civil violations that result in a financial penalty yet do.

How Do I Fight a Camera Ticket in Ohio?

To fight a camera ticket, you will want to fight it just as you would any other traffic ticket. When issued a traffic ticket, you have a few choices: signing and returning the ticket with any payments owed or appearing for the court date that is listed on the ticket. You will also be able to request a hearing.

Once you are issued a ticket and you request a hearing or choose to appear in court, consult with a Columbus speeding traffic ticket attorney before you do anything. They can provide legal insight, help you understand why the ticket was issued, and help take you through the process of fighting the said ticket.

Your attorney will go on to analyze important details surrounding your Columbus Ohio traffic ticket like making sure the citation was correctly filled out and properly filed.

Speak with a Columbus Speeding Ticket Attorney

Speeding tickets are something that you can certainly pay for or try to fight against on your own.  That being said, having the assistance of an experienced Columbus speeding ticket attorney can make big difference.

Columbus traffic defense attorney Colin Maher has handled thousands of cases from minor traffic violations to serious traffic offenses as well as criminal cases. Speeding tickets, whether received through traffic cameras or other means, can quickly add up given the various fines, court costs, insurance rate increases, and other penalties associated with them.

Reach out to Colin Maher today for a free phone consultation. You can contact him online or speak with him directly by calling 614-205-2208.

Does Insurance Cover Hit and Run Parked Car?

Posted on by Colin Maher

A car accident of any kind can be extremely stressful, especially for someone who may be accused of committing a hit and run accident in Ohio. Below, we answer a few questions tied to if insurance covers hit and run parked car accidents and what to do if a hit and run occurs.

For more information on what to do if you are accused of a crime in Columbus Ohio, see our post here.

What Should I Do if Someone Hits My Parked Car?

Following a parked car accident, there are a few steps that drivers can take – both as the alleged driver who hit the parked car and as the owner of the parked car.

  1. Do not leave the scene of the accident. Leaving the scene of an accident will typically count as a first-degree misdemeanor which can result in up to 180 days in jail, a $1,000 fine, and other penalties like a class 5 license suspension for up to 3 years.
  2. Get in touch with the police and seek medical attention if anyone is hurt. Documentation from the accident, both in the form of an official accident report and medical documentation, can be extremely useful evidence later on.
  3. If it is safe to do so, gather as much evidence of the accident scene as possible. This can include taking photos of both vehicles, exchanging contact information with other vehicle owners, and even collecting contact information for any eyewitnesses.
  4. Get in contact with a Columbus hit and run defense attorney. With a working knowledge of the laws surrounding these particular accidents, they can help you throughout the process following the accident.

Keep in mind that under Chapter 4549 of the Ohio Revised Code, all drivers are required to stop at a safe place extremely close to the site of the accident.

If the hit car does not have anyone inside, the offending driver is required to “securely attach” their contact information on the parked car such as:

  • Name and address
  • Name and address of the owner of the vehicle if it isn’t you
  • Registration number of the vehicle
  • Insurance information

For driver’s facing hit and run charges of a parked car, it can be prudent to consult with a Columbus Ohio traffic defense attorney as the penalties for a hit and run can be severe.

Does Insurance Cover Hit and Run Parked Cars?

Ohio is an at-fault state, meaning that the individual who is found to be responsible for a car accident or their insurance company will be held liable for covering relevant damages and losses.

In Ohio, according to Section 4509.51 of the Ohio Revised Code, drivers are required to have a liability insurance policy on their vehicle with a minimum of:

  • $25,000 for property damage per accident
  • $25,000 for personal injury or death per person “in any one accident”
  • $50,000 for personal injury or death of 2 or more people per accident

If an insurance company will cover a hit and run accident, it typically will not exceed the insurance coverage of the at-fault party.

What is the Claim Process for Hit and Run Damage?

Following a hit and run accident, an insurance claim will likely be filed by the person who owns the damaged vehicle. If the driver responsible for the damage is known, their insurance company will be contacted and a traffic citation issued much like any other accident.  An insurance adjuster will then look into the accident and any evidence that was provided to determine liability and the amount of liability.

What do I do if I’m Accused of a Hit and Run?

If you are accused of a hit and run accident with a parked car in central Ohio, reach out to a Columbus Ohio traffic attorney as soon as possible.

Defending yourself against accusations requires you and your attorney to review and challenge the evidence of the case including if you were the driver at the time of the collision and if you fled the scene knowing you hit another car.  Be careful not to make any admissions that may later be used against you.

There are a number of serious penalties you face if you are charged with leaving the scene of an accident including jail time, high fines, a mandatory license suspension, and restitution for damages.

Consult With a Hit and Run Defense Attorney

Following a hit and run accident, it is in your best interest to connect with a Columbus hit and run attorney.

Even if you bump or tap a parked car in a parking lot, you could potentially be facing 6 months of jail time should you leave the scene of the accident. If you are facing charges of a hit and run in Columbus Ohio, connect with The Maher Law Firm today.

Attorney Colin Maher has over 10 years of experience providing clients with criminal and traffic defense representation in Columbus Ohio. Feel free to contact him at 614-205-2208 or online for a free and confidential phone consultation today.

How To Deal with Domestic Violence Charges in Ohio

Posted on by Colin Maher

Facing any kind of criminal charge can leave you feeling nervous and worried over the outcome of the situation. Being accused of domestic violence will certainly have you wondering how you can go about dealing with the charges.

While the situation may seem overwhelming, there are steps you and a Columbus criminal defense attorney can take to handle the domestic violence charges you are facing.

Below, we are going to explore how to deal with domestic violence charges in Ohio and how you can handle false charges.

What is Defined as Domestic Violence?

Domestic violence is defined under Ohio state law in Section 2919.25 of the Ohio Revised Code. Per that section, domestic violence is considered to knowingly or recklessly causing or attempting to cause physical harm or someone’s own family or household.

In terms of this section, an alleged act or threat of physical harm has to be made either knowingly or recklessly for the act to be considered a crime.

In terms of who can be considered a victim of domestic violence in Ohio, the law typically acknowledges a number of people who are related to the alleged perpetrator in some way. This can include:

  • A spouse or ex-spouse
  • A child (biological, adopted, or step-child)
  • A parent
  • A significant other who lives with the accused
  • A sibling or other blood relative

Domestic violence charges can come from a number of different people that you might know in your life. So, how can you deal with false domestic violence charges?

How to Deal with Domestic Violence Charges in Ohio

There are a few steps you can take when it comes to how to deal with false domestic charges in Columbus Ohio. Unfortunately, you will find yourself needing to process the difficult situation you have been presented with. The quicker you take immediate action to help defend yourself and your reputation, the better your situation can be moving forward.

  1. Get in contact with a Columbus criminal defense attorney as soon as you can. Working to prove your innocence when it comes to criminal charges can be daunting. Hiring a Columbus domestic violence defense attorney early on will immediately put legal help on your side.
  2. Working together with your attorney, you will want to see about gathering evidence. This can include a list of eyewitnesses who can verify your side of events. You will also want to save any kind of communication like emails, text messages, physical notes, and any other relevant messages.

Your attorney will work to verify any evidence you are able to hand over to them.

  1. If you are facing domestic violence charges, it is quite possible you have been arrested. If so, you will want to follow any conditions of release that you have been given. These may include staying away from certain individuals, family members, and/or locations, possible GPS monitoring, as well as any other conditions imposed by the court.

Penalties for domestic violence charges will depend on individual factors such as the accused person’s history of domestic violence convictions and the severity of the harm or threat of harm.

Domestic violence related charges can range from a 4th degree misdemeanor to a 3rd degree felony. Since domestic violence charges are considered extremely serious violent offenses, connecting with a Columbus Ohio criminal defense attorney is a must.

For more on Ohio domestic violence laws and penalties, see our post here.

Can a Columbus Domestic Violence Defense Attorney Help?

The long and short answer here is yes. A defense attorney can go a long way to helping you deal with domestic violence charges in Ohio. With a thorough understanding of the laws related to domestic violence, a Columbus defense attorney will help ensure that each claim brought against you is thoroughly investigated.

A Columbus domestic violence defense attorney is there to serve as an advisor, ally, and expert legal representation no matter the charges you are currently facing.

Speak with an Experienced Columbus Criminal Defense Attorney

Going through the often complex details and working to clear an accused individual of domestic violence charges can be a long and difficult process. If you need assistance fighting allegations of domestic violence, reach out to The Maher Law Firm.

Attorney Colin Maher has well over 10 years of experience as a Columbus Ohio criminal defense attorney.  You can contact him online or over the phone at 614-205-2208 today for a free and confidential phone consultation.

How Long is Your License Suspended After a DUI Ohio?

Posted on by Colin Maher

When it comes to a DUI license suspension in Ohio, a big question at the forefront of your mind might be how long the license suspension will last. With more than 20 ways for a variety of entities in the state of Ohio to suspend a driver’s license, including if a driver receives a DUI, we know that drivers are keen to understand how quickly they can get back to driving in their everyday life.

Below, we look at the length of time you might expect to have your license suspended and how a traffic attorney in Columbus, OH can help you contest the suspension.

How Long is Your License Suspended After a DUI in Ohio?

In general, license suspensions in Ohio can last from a minimum of 6 months to a year. And there is the potential for that amount of time to extend even longer depending on the kind of license suspension you are facing.

For DUI-related license suspensions, the length of time will differ based on individual factors tied to your DUI. For example, if your license is suspended in relation to your first DUI/OVI conviction, the suspension time will be determined by the court. To reinstate your license, you will have to pay a reinstatement fee and provide “proof of insurance that covers through the length of the suspension.”

If you are looking at a second DUI/OVI conviction, there are guidelines in place for a judge to impose a license suspension that can last from 12 months to 7 years.

Once a driver starts to see multiple DUI convictions, license suspension time can increase alongside other penalties including special plates, mandatory jail time, an interlock device on your vehicle, complete loss of your vehicle without compensation, possible fines, and drug or alcohol monitoring.

One important thing to take note of is the following from Section 4511.19 of the Ohio Revised Code:

“The court may grant limited driving privileges relative to the suspension under sections 4510.021 and 4510.13 of the Revised Code. The court may grant unlimited driving privileges with an ignition interlock device relative to the suspension and may reduce the period of suspension as authorized under section 4510.022 of the Revised Code.”

This lays out that certain types of driving can be permitted during the period of your suspension if permitted by law.  These driving privileges often limit where you can go and at what time.  Typical privileges include work, school, daycare, and medical appointments.  

No matter how long your license is suspended in relation to a DUI conviction, your driving rights will be impacted.  This is especially true for those who drive for a living and need a commercial driver’s license to do so. Unfortunately, privileges are not authorized to be granted while under suspension for DUI/OVI.

For a complete list of Ohio BMV license types and fees, see the official BMV page here.

Appealing a Suspension Placed on Your Driver’s License

Once your license is suspended, you will want to connect with the Maher Law Firm as soon as possible to discuss your options in appealing the suspension. Since most license suspensions are typically handled by the court, it can be especially important for a driver facing a license suspension to work with an experienced lawyer.

The Ohio BMV has its own rules that a traffic attorney in Columbus, OH will understand.

Speak With a Traffic Attorney in Columbus, OH About Your License Suspension

If you are facing a DUI suspension or any other license suspension in Ohio, it’s important that you take immediate action. Appealing a DUI license suspension may be a multi-step process, but the ultimate goal is to keep you on the road so you can continue with your usual activities like going to work and school.

If you need assistance appealing or avoiding a driver’s license suspension, reach out to Colin Maher of The Maher Law Firm today. He takes a realistic approach to help clients through various issues and offers free phone consultations.

Call him at 614-205-2208 or reach out through the contact form today.

Posted in DUI

What Happens When You Refuse to Take a Chemical Test?

Posted on by Colin Maher

Living in Ohio, it is important to understand your rights in relation to driving and the associated laws that might impact how you choose to respond to certain situations such as being pulled over under suspicion of driving under the influence.

In terms of being pulled over and asked to submit to a chemical test if you are suspected of a DUI or OVI, you are expected to submit to a test. Under Section 4511.191 of the Ohio Revised Code, the law of “implied consent” requires drivers to submit to tests when lawfully arrested or pulled over.

As outlined by this section of the Ohio Revised Code, the officer must have reasonable grounds to have stopped the driver who they believe to be under the influence of alcohol or drugs.

With an understanding of how Ohio state law can work, it’s time to take a look at what happens when you refuse to take a chemical test.

What Happens When You Refuse to Take a Chemical Test

Let’s briefly outline what can happen when you are pulled over under suspicion of driving under the influence. You may be asked to perform a number of different tasks that include field sobriety tests like the One-Leg Stand test and the Walk and Turn test.

Chemical tests can also be utilized by an officer. They are the most common way to determine a driver’s sobriety. Blood, breath, and urine tests are all considered chemical tests.

So, what happens when you refuse to take a chemical test?

Unfortunately refusing to take a chemical test will result in the immediate suspension of your driver’s license so long as you are properly advised of the consequences of a refusal. This suspension can then be contested at the initial hearing, typically set within five days of the offense in question.

What Happens to Your Driver’s License When You Refuse to Take a Chemical Test

As mentioned above, refusing to take a chemical test will result in your driver’s license being suspended. By refusing a chemical test, your license will be under what is called an administrative license suspension. This kind of suspension, when received for refusing a chemical test for the first time, will last for 1 year.

Under this suspension, you can request a stay (which places a pause on the suspension) or receive driving privileges that let you drive to work, doctor’s appointments, and school.  Keep in mind that privileges cannot be granted for a certain period of time depending on how many prior OVI offenses and/or refusals you have in the past.

If you receive a driver’s license suspension, you should contact The Maher Law Firm, LLC to speak with a Columbus traffic ticket attorney about available options.

How to Win a Chemical Test Refusal

You may find yourself asking how you can approach your suspension after refusing a chemical test. We always recommend connecting with an experienced Columbus Ohio traffic defense attorney like Colin Maher from The Maher Law Firm.  Contesting the suspension requires meeting certain deadlines.  Missing the deadlines will result in the suspension remaining in place.

Speak with an Experienced Columbus Traffic Ticket Attorney

If you find yourself with a suspended license after refusing to take a chemical test, reach out to The Maher Law Firm today. Colin Maher has well over ten years of experience helping clients deal with traffic violations and DUI-related offenses.

Contact The Maher Law Firm today at 614-205-2208 for a free phone consultation.  You can also contact us online.

Is an Aggravated DUI a Felony in Ohio

Posted on by Colin Maher

A DUI (also known as operating a vehicle impaired (OVI)) in Ohio is an offense that is often going to have a range of consequences that vary depending on particular factors. With strict driving laws in Ohio, taking the time to understand what kind of DUI charge you are facing can be extremely important.

Typical penalties that one might expect from a DUI charge can include fines, potential jail time, a driver’s license suspension, and probation among others. Read also: When Does a DUI Become a Felony in Ohio

For an aggravated DUI, you can expect to see more severe penalties based on the circumstances.

Note: The following is not legal advice. It is general information meant to inform. Reach out to the Maher Law Firm today to speak with a Columbus Ohio DUI attorney.

What is Aggravated DUI in Ohio?

While there is no “aggravated OVI” in Ohio, certain circumstances surrounding your case can add to the potential penalties you face.  These aggravating factors can include:

  • Having a high blood alcohol content level (BAC)
  • Child endangerment
  • A DUI that causes death
  • A DUI that causes injury
  • Prior DUI’s

Having a high BAC level that is at least 0.17%, adds to the mandatory minimum penalties you can face.  Those minimums jump to a minimum jail time of at least 6 days, fines that range from $375 to $1,075, and a license suspension of 1-3 years among other penalties.

For more on high BAC level DUIs, see our post here.

With how complex DUI charges can be, it can be especially important to speak with a Columbus DUI attorney as soon as possible. We will be able to help parse through every detail of the investigation to allow for a full understanding of what happened and establish a strategy for your defense.

Is an Aggravated DUI a Felony in Ohio?

In many cases, an aggravated DUI can be elevated to a felony if the above aggravating factors are involved. This means that the penalties an individual can face depending on the specific circumstances involved.

For example, if a driver has prior DUIs and they receive their fourth DUI, they will face a felony offense. The minimum penalties for this scenario include:

  • 60 days in jail
  • A fine of $1,350
  • Forfeiture of the vehicle if it is yours
  • Attending an alcohol and drug addiction program
  • A 3-year driver’s license suspension where you have no driving privileges

For a DUI that results in serious injuries, you can generally expect to face a third-degree felony while a DUI that results in the death of another will generally be a second degree felony. Felony Theft Charge

How Can A DUI Attorney Assist?

Being arrested for a DUI can be a stressful situation. Help ease your worries by speaking with an experienced Columbus DUI attorney. With an understanding of Ohio’s strict DUI laws, they can help guide you through the legal process and the penalties you might be facing.

Should you have questions tied to your DUI charge, a Columbus DUI attorney should be able to answer them.

Speak With an Experienced Columbus DUI Attorney

Are you facing an aggravated DUI charge? If you find yourself in this situation, it is important to reach out to an experienced Columbus DUI attorney from The Maher Law Firm as soon as you can. Attorney Colin Maher has been helping DUI/OVI clients in Columbus and the surrounding areas for well over ten years.

You can contact us online or over the phone at 614-205-2208 for a free phone consultation and price quote.

For more information on our DUI/OVI defense services, see our page here.

Posted in DUI

How Long Do Points Stay on Your License in Ohio?

Posted on by Colin Maher

As a driver in Ohio, you are more than likely aware of the point system that Ohio uses to indicate the severity of different traffic violations. This system assigns a point value to each kind of traffic conviction.

For drivers, this can bring up several questions. Perhaps one of the biggest questions is how long do points stay on your license in Ohio. With over 8 million licensed drivers in Ohio as of 2019, knowing how long points stay on your license can be helpful if you receive a traffic ticket.

Below, we look at how long points stay on your license and some related questions.

If you are facing a traffic violation in or around Columbus Ohio, reach out to The Maher Law Firm, LLC today to speak with a Columbus traffic defense attorney.  They will be able to discuss the potential penalties involved, including the point value should a conviction result.

How Long Do Points Stay on Your License in Ohio?

Each set of points that are issued to a driver will stay on a driver’s license for a period of 2 years. Each incident will result in points ranging from 0-to 6 if convicted.  If you receive points from 2 different incidents, each set of points will be on your license for 2 years from the time of conviction.  Accumulating 12 or more points in any 2-year period will result in a suspension as well as having to re-test to get your license back to valid once the suspension period expires.  You may be able to take a remedial driving course through the Ohio BMV in order to allow for an additional two points prior to suspension.

What Point Value is Applied to Different Traffic Violations?

Different traffic convictions have a certain number of points attached to them. For example, one 4 point violation in Ohio is the operation in a manner that shows disregard for the safety of other people or property also referred to as reckless operation of a motor vehicle.

A 6 point violation is tied to the following:

  • Fleeing or eluding a police officer
  • The failure to stop after being involved in a car accident
  • Driving or operating a motor vehicle while under the influence of drugs or alcohol

For a full list of traffic violations and their point values, see our post here.

How Many Points Do I Need Before I Get a Warning?

Ohio’s point system primarily operates on a 12 point basis. According to Ohio’s BMV site, once a driver “receives 12 or more points on their driving record within a 2 year period”, they will face a driver’s license suspension.

Before drivers hit the 12 points or above the mark, they can expect to receive a warning letter from the Ohio BMV when they accumulate 6 points on their record within 2 years.

In 2019, the Ohio BMV issued 92,726 warning letters.

The warning letter will list the different traffic convictions for the driver and the associated number of points for each.

How Can I Get Points Off My License in Ohio?

The Ohio BMV point system can leave drivers wondering how they can get points off their license. Unfortunately, there is no surefire way to remove points from your driving record.

You can request that the court reopens an already resolved case.  Whether or not this is possible depends on the individual court and the prosecutor.  As previously mentioned, the BMV will allow for a 2 point extension on your driver’s license if you successfully complete a state-sanctioned remedial driving course. This will allow for up to 14 points before your license is suspended.

If you are looking to appeal a 12 point license suspension or the number of points added to your license, working with a Columbus traffic defense attorney should be your next step.

It is extremely important to contest each and every traffic violation in an attempt to avoid points being added to your record.  The more points you accumulate, the harder it is to avoid points moving forward (your prior record will be held against you).

Speak With a Traffic Defense Attorney

With strict Ohio laws tied to serious traffic violations like OVI/DUI, you might find yourself dealing with a situation where points stack up quickly.

Colin Maher of The Maher Law Firm, LLC is a Columbus Ohio traffic violation attorney who has over 10 years of experience handling traffic and criminal cases. To get a free quote in relation to your case, reach out to him now at 614-205-2208 or contact him online today.

What Happens When You Turn Yourself in For a Bench Warrant?

Posted on by Colin Maher

As an individual who may know that they have a bench warrant out for their arrest, there can be a number of questions racing through your mind. From wondering about potential consequences for missing the court date that resulted in the warrant to what to do next, you might be feeling stressed.

If a bench warrant has been issued for you, you might be thinking of turning yourself in. So, to help give you a general idea of what turning yourself in can mean, below we will take you through the question of what happens when you turn yourself in for a bench warrant in Columbus, Ohio.

Note: This is not legal advice. It is general information to help answer questions regarding bench warrants. Speak with a criminal defense attorney from Maher Law Firm about your specific case for advice and assistance.

What Is a Bench Warrant?

A bench warrant is a warrant that is issued by a judge under specific circumstances. If you fail to appear in court as ordered, a judge can issue a bench warrant.

A bench warrant essentially directs local law enforcement to bring you into custody. They will bring you before the court and judge to speak on why you failed to appear in court initially.

If you have failed to appear for a court date, reach out to a Columbus criminal defense attorney from The Maher Law Firm as soon as possible. We know the procedures that surround bench warrants and can assist you throughout the process.

Is It Better to Turn Yourself In For A Warrant?

Following a bench warrant being issued for you, you might consider turning yourself in. There is no definitive answer on whether or not turning yourself in is better than being brought in by law enforcement.  That being said, turning yourself in can make the process a bit quicker.

By turning yourself in, you are essentially cutting out the middleman – law enforcement. When you turn yourself in, you will typically do so at the closest police station or the local sheriff’s office. Turning yourself in can mean that you are booked quicker and, on your way to potentially being released quicker as well.

If you currently have a warrant, reach out to a Columbus criminal defense attorney now.  They may be able to approach the judge to see about canceling the warrant. A new court date will then be set in this case.

How Long Do You Go To Jail For Failure To Appear?

If a bench warrant is issued for a failure to appear, you may face remaining in jail while the case is pending. The possible jail time depends on what your initial charge was, the facts surrounding the allegation, and the court’s schedule.

According to Section 2937.99 of the Ohio Revised Code, failure to appear can be a fourth degree felony if your initial charge was a felony and you were out on a recognizance bond (released upon signed promise to appear).

If your appearance in court was for a misdemeanor charge and you were out on a recognizance bond, the failure to appear can be considered a first degree misdemeanor.

Possible jail time for a fourth degree felony in Ohio is 6-18 months and 180 days for a first degree misdemeanor.

Does Turning Yourself in Reduce Your Sentence?

There is no guarantee that turning yourself in will reduce your possible sentence. Turning yourself in can indicate your willingness to resolve the bench warrant in a timely manner and that may be taken into consideration by the court, judge, and other parties involved in your case.

Before turning yourself in, consult a Columbus Ohio criminal defense attorney. They will be able to guide you through your different options in regard to your initial case and the bench warrant itself. 

Reach Out to A Criminal Defense Attorney

If a bench warrant has been issued for you, you will likely wind up appearing before a judge at some point whether you turn yourself in or not. Should you decide to turn yourself in, it can be helpful to seek the advice and representation of a Columbus criminal defense lawyer.

They will be able to guide you through the process of how and where to turn yourself in, whether or not you can expect to spend time in a holding cell, and what kinds of questions you might be asked once you turn yourself in.

You can contact Columbus criminal defense attorney Colin Maher of The Maher Law Firm online or over the phone at 614-205-2208 for a free phone consultation.