Legal Question in Traffic Law in Ohio
driving to my sick child under suspension
I under suspension and 4 weeks from getting off probation and finally getting my license back,,i had to attend a 8 day remedial course ,,and i did,,I recieved a phone call on thursday around 4:30 pm,,it was my 13 year old daughter ,,she was crying and said she was very ill and had just vomited at the library,,,i couldnt find anyone to take me ,so i made the decision of getting to my daughter on my own,, on the way i was pulled over for speeding ,,by a trooper ,,,i was givin a ticket for dus ,,i finally got to my daughter and had to take her to the emergency room,,she had a high fever and a respitory infection,,and was put on antibiotics at the hospital,,is there any thing i can do to ,,to get out of this ,,,
2 Answers from Attorneys
Re: driving to my sick child under suspension
I would strongly urge you to seek and hire a competent attorney. Assuming that you were charged under the state code, as oppossed to a local ordidance, there is what is known as an affirmative defense. The following is copied from the code.
(B) It is an affirmative defense to any prosecution brought pursuant to this section that the alleged offender drove under suspension because of a substantial emergency, provided that no other person was reasonably available to drive in response to the emergency.
Even if you cannot prove the affirmative defense, it might be possible to work out a plea that you find to be in your best interest.
Good Luck.
Re: driving to my sick child under suspension
You defintely need a lawyer to present your affirmative defense of an emergency...You can either go to trial (probably unnecessary) or your argument should compel the pros. to dismiss at your costs....Whatever the case, a situation like this is usually really easy for an attorney to work out. Most DUS's don't have such good facts.
You defintely need to get out of a DUS though.
Call me directly if you wish:
Joe Jacobs 216-952-1990 216-227-0900
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