Legal Question in DUI Law in Ohio

License Suspension

In Medina County, Ohio a friend of mine got charged with a DUI. He was pulled over for no license plate lite. He did a couple roadside tests (alphabet backward, starting at K and leg lifted) but refused the breathalyzer. His license was taken and he now has no occupational privileges and is being told that unless he pleads guilty, he will not get any until this is all over. He has also been told that even if he wins with a jury trial, the judge can still impose the 1 year suspension. It seems that getting an attorney and trying to fight this does no good in this town. Any suggestions...thanks for your help

Asked on 1/05/04, 1:10 pm

2 Answers from Attorneys

Timothy Hess T. Hess & Associates, LLC

Re: License Suspension

He does NOT have to plead guilty to get Occ. Driving priveleges but can apply for them after 30 days of the initial appearance if it is his first refusal. If he wins at trial the ALS for refusal does NOT terminate. If he pleads to the DUI (now dubbed OVI, Operating a Vehivle under the Influence) it will terminate the ALS and the judge will impose a suspension term among other things. It does help to get an attorney, but when it comes down to it, DUI law is so screwed up, attorneys and even judges have difficulty with it.

I practice in Medina Court, feel free to call me: 216-241-1214

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Answered on 1/05/04, 2:03 pm

Joseph Burke Law Office of Joseph T. Burke

Re: License Suspension

Au automatic one-year license suspension is imposed by reason of the refusal to take the breathalyzer.

I strongly suggest that you obtain a local attorney in Medina who practices before this Judge. Medina is accustomed to doing things a certain way.

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Answered on 1/05/04, 2:14 pm

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