Robert R. Hart, Jr., Attorney at Law
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Ohio Traffic Law Blog

Assessing your case may help you find the best OVI defense

It can be difficult to know the best way to handle certain situations. If you have been accused of drunk driving, you may wonder how you could possibly escape the predicament without facing severe consequences. Of course, the details of your case could play a major part in how you choose to approach your defense against OVI allegations in Ohio.

Though the prosecution has the burden of proving your guilt beyond a reasonable doubt, your defense presentation could impact the outcomes of your case. Depending on your specific case, you could end up with beneficial results ranging from reduced charges to having them dropped completely. However, the exact outcomes may not be predictable.

It is important to understand the info on your traffic ticket

Traffic tickets can have a greater impact on your life than many people may imagine. Some people may accumulate numerous tickets throughout their driving years and think little of the consequences. On the other hand, you may want to avoid receiving a citation if at all possible. However, if you do receive one, you may also know that tickets can result from mistaken information or for other reasons that make them not entirely applicable.

Additionally, the manner in which an officer obtains information to issue a ticket may not be accurate. For instance, radar guns do not have perfect accuracy, and if you receive a ticket for speeding based on that information, you may have reason to fight against the citation. Really, you can defend against any ticket issued against you if you feel it suits the circumstances.

Jury trial requested in drunk driving case

People in Ohio who have been arrested for and charged with a drunk driving offense may understandably be concerned about their future and what consequences they may face if they are convicted of a crime. While it can be difficult, it is important to remember at this time that they have the right to defend themselves against all charges under the law.

An example of this can be seen in the case of a man who was arrested recently and charged with an impaired driving offense. As reported by The Vindicator, the man who was arrested is a police officer in Niles. It is not known if he was on duty or off duty at the time of his arrest. The incident happened in the early hours on a Friday morning. The defendant did not submit to a chemical test so no blood alcohol content is known.

Can I get limited driving privileges with a suspended license?

If you get your license suspended in Ohio, you are generally not allowed under any circumstances to drive a motor vehicle. There is a possibility that you could get limited driving privileges from the court in some situations. Generally, these limited privileges are restricted to getting to and from work. The purpose is to enable you to keep employment.

According to the Ohio Revised Code, the court has discretion when granting limited driving privileges. Typically, the court can grant you a limited driving license for any reason it feels necessary. However, the law specifically allows for this privilege if you will be driving to court-ordered treatment, work or to take a license examination. In addition, you may be given the right to drive to court for hearings or other required purposes.

I got a speeding ticket based on a radar gun. Do I just pay it?

Are you among the many people living here in Cincinnati who believes that the data from a radar gun is irrefutable? If so, then you may be glad you stopped to read this article.

Before getting into the details, you may want to know that you can challenge the so-called evidence from a radar gun. Like any other piece of machinery, it doesn't always work as intended, but police officers aren't going to tell you that.

FMSCA amendment to clearinghouse in the works

Many people in Ohio hold commercial driving licenses and know that part of the responsibility that comes along with this privilege and this line of work is that they may be under greater scrutiny at times than can drivers who only hold individual or standard driving licenses. One example of this is that the threshold for determining intoxication among a person with a commercial license when driving for work is a blood alcohol content of 0.04 percent. That is half the standard for people in standard passenger vehicles.

In late 2016, the Federal Motor Carrier Safety Administration finalized what it called the drug and alcohol clearinghouse rule. This rule mandated that a special database and process be launched by January 2020 designed to increase oversight on drivers' use of drugs and alcohol. Under this rule, any company or person hiring a commercial driver cannot complete the hiring process until the candidate passes a substance test. Results of these tests are to be submitted to the database.

The walk and turn field sobriety test

Drivers in Ohio who are arrested for drunk driving offenses are generally asked by law enforcement officers to complete a series of tests and actions prior to being officially placed under arrest. These are commonly called field sobriety tests because they take place in the field, at the location of the initial traffic stop. It is important that you understand what officers are looking for with each test and also know what these tests can or cannot do.

One of the tests is called the walk and turn test. As explained by FieldSobrietyTests.org, this test has an accuracy rate of only 66 percent. Before being told to do anything, an officer should first give you detailed verbal instructions and even demonstrate what you will be asked to do.  

School zone restrictions can teach a hard lesson

You won't travel many miles in the greater Cincinnati area before you pass a school campus. While some of those schools are private, nonchartered institutions, many are supported by Ohio taxpayers and fall under the governance of state laws for nearly every aspect of operation, from curriculum to lunch menus.

One important area of concern for lawmakers is keeping school children safe. To that end, schools throughout the state often have a safety zone around them, especially if the schools are situated near passing traffic. If you don't have small children attending classes in one of these buildings, it may not matter to you personally. However, if police pull you over for violating the speed limit in a school zone, it may become very personal.

Seeing red after getting a ticket for running a stop sign?

Heading out on the road is likely a daily occurrence for you. Whether you have to commute to work, take the kids to school or run various errands, you typically find yourself behind the wheel of your vehicle at some point during the day. As a result, you likely also come across various traffic signals and stop signs.

While these signs and signals are in place to help direct the flow of traffic and keep travelers like you safe, you have undoubtedly seen someone skirt through an intersection without fully stopping at a stop sign or cutting it close at a changing traffic light. You may have even done this yourself once or twice while in a hurry. Of course, not fully adhering to traffic signs and signals could lead to a traffic ticket.

Point suspensions and driving school

People who hold Ohio driver's licenses should always be aware of the state's laws concerning points on a person's driving record. It can be easier than some people might think to amass points on a driver's license. Rolling stops at otherwise quiet intersections, speeding tickets and other violations all may put points on a driver's record. Over time, the number of points could cause problems for the driver.

As explained by the State of Ohio Bureau of Motor Vehicles, the state will send out a warning notice to people if they get at least six points added to their record in less than two years. This notice is a hardcopy letter that is sent to whatever address the BMV has on file for the driver. If the number of points on the driver's record continues to increase and reaches 12 in the two years, another notice is mailed out and this one will detail a suspension of driving privileges.

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