Admitted DUI

[Cross Hair]

What is the name of your state (only U.S. law)? Ohio

My 21 year old son got ticketed for DUI last night, he blew a .14. He was pulled over for weaving by a state patrolman. This is his first driving offense and he has no criminal history. He admitted to the patrolman that he had been drinking, the officer had his car towed and then brought him home. (he still lives with me)

His hearing is Monday, do I even bother getting a lawyer or just have him plead no contest? Does the admission of guilt to the officer during the traffic stop seal his fate?
He is still on my auto insurance, do I need to contact the insurance company or let them find out on their own?

Thanks

 

[Ohiogal]

What is the name of your state (only U.S. law)? Ohio

My 21 year old son got ticketed for DUI last night, he blew a .14. He was pulled over for weaving by a state patrolman. This is his first driving offense and he has no criminal history. He admitted to the patrolman that he had been drinking, the officer had his car towed and then brought him home. (he still lives with me)

His hearing is Monday, do I even bother getting a lawyer or just have him plead no contest? Does the admission of guilt to the officer during the traffic stop seal his fate?
He is still on my auto insurance, do I need to contact the insurance company or let them find out on their own?

Thanks

Why are YOU taking care of this for your son? HE should get an attorney. HE should take responsibility for any and all costs associated. And you should protect yourself -- drop him from your insurance and have the insurance company EXCLUDE him from driving any of your vehicles. He will not have a driver's license for several months anyway.

 

[HorseUrodeInOn]

His admission of guilt will be an important factor in the eventual outcome, but his "fate" will depend on a lot of things other than his admission. Having a lawyer is going to make a big difference and he needs to hire one NOW. Start making phone calls.

 

[Ohiogal]

His admission of guilt will be an important factor in the eventual outcome, but his "fate" will depend on a lot of things other than his admission. Having a lawyer is going to make a big difference and he needs to hire one NOW. Start making phone calls.

Why should OP do anything? It is OP's adult son who is the screw up and should be doing things.

 

[HorseUrodeInOn]

Why should OP do anything? It is OP's adult son who is the screw up and should be doing things.

Well my personal opinion is that she shouldn't but that's between her and her son. Of course there are going to be things she just can't do because her son is an adult but I suppose she can be as involved as he wants her to be, or to whatever extent that she's legally able.

 

[quincy]

If Cross Hair's son hires a good attorney (and his mom/dad can always help with the costs involved in this), he might be offered diversion as a first time offender - although diversion must be court-approved and something the prosecutor in Cross Hair's county is willing to offer. It can depend on the facts of the arrest. See Ohio Revised Code 2935.36 (http://codes.ohio.gov/orc/2935.36).

Cross Hair's son should probably plead "not guilty" on Monday, if he has not been able to line up an attorney before then, and a new hearing will be scheduled. He would then be smart to line up an attorney before the second hearing, to improve his chances of getting the charge reduced, the charge dismissed or the diversion program offered (which, if offered and he meets all terms of the program, will get the DUI discharged and dismissed).

Because Ohiogal is an attorney in Ohio and knows the laws there far better than I, she will also know better if diversion is a realistic possibility given the described facts.

 

[BadDecision]

The need for an attorney and possible outcome really relies on the county and city he was charged in. Judges vary in their punishment greatly in regards to DUI.

Call an attorney for a consult, 1st timers with no accident or other serious charges can generally be handled Pre Se however an attorney that knows how to have fines and so forth minimized is ideal.

DO NOT call your insurance company and tell them

 

[Ohiogal]

If Cross Hair's son hires a good attorney (and his mom/dad can always help with the costs involved in this), he might be offered diversion as a first time offender - although diversion must be court-approved and something the prosecutor in Cross Hair's county is willing to offer. It can depend on the facts of the arrest. See Ohio Revised Code 2935.36 (http://codes.ohio.gov/orc/2935.36).

Cross Hair's son should probably plead "not guilty" on Monday, if he has not been able to line up an attorney before then, and a new hearing will be scheduled. He would then be smart to line up an attorney before the second hearing, to improve his chances of getting the charge reduced, the charge dismissed or the diversion program offered (which, if offered and he meets all terms of the program, will get the DUI discharged and dismissed).

Because Ohiogal is an attorney in Ohio and knows the laws there far better than I, she will also know better if diversion is a realistic possibility given the described facts.

Actually no. He will end up with no driver's license. He will end up spending time in either jail or community based program. He will end up with a couple hundred dollars in court fines. He might qualify for a public defender.

 

[Ohiogal]

The need for an attorney and possible outcome really relies on the county and city he was charged in. Judges vary in their punishment greatly in regards to DUI.

Call an attorney for a consult, 1st timers with no accident or other serious charges can generally be handled Pre Se however an attorney that knows how to have fines and so forth minimized is ideal.

DO NOT call your insurance company and tell them

OP certainly should call her insurance company and see about excluding the drunk from being able to drive her vehicles. Unless of course OP wants premiums to jump astronomically or risk being sued the next time her son decides to be a drunken fool but then hurts or kills someone.

 

[BadDecision]

OP certainly should call her insurance company and see about excluding the drunk from being able to drive her vehicles. Unless of course OP wants premiums to jump astronomically or risk being sued the next time her son decides to be a drunken fool but then hurts or kills someone.

Possibly, or maybe she should take him out back and shoot him. Her defense could be she was preventing inevitable future deaths.

 

[quincy]

Actually no. He will end up with no driver's license. He will end up spending time in either jail or community based program. He will end up with a couple hundred dollars in court fines. He might qualify for a public defender.

So there is no diversion program offered for first time DUI offenses in Ohio? I don't argue the administrative action on the license and I don't argue the fines but I am curious if he can get diversion.

 

[Ohiogal]

So there is no diversion program offered for first time DUI offenses in Ohio? I don't argue the administrative action on the license and I don't argue the fines but I am curious if he can get diversion.

Not in the six counties in which I practice. Others? Possible I guess. But he shouldn't count on it.

 

[Ohiogal]

Possibly, or maybe she should take him out back and shoot him. Her defense could be she was preventing inevitable future deaths.

Actually OP should protect herself from repercussions from the guy's stupidity. If he wrecks while/after drinking, she could lose everything she owns.

 

[Cross Hair]

This is the OP, I am the father, mom has been mostly missing in action for the last 7 years. Also I do not drink so any knowledge I have of OVI laws are what I see in the papers, hence my initial questions, typical knee jerk reaction on my part.

He will be securing his own attorney if he goes that route, he is considering just pleading no contest but personally I would like to see him get some representation, not to try and beat the charge but so things are handled for the best outcome. He deserves to be punished and will accept what the court orders, but he has a good job with good potential and I hope he doesn't lose that due to stupidity, no public transportation where we live or close to his work.

Thanks for the input, I will suggest to him he contacts an attorney.

 

[quincy]

Not in the six counties in which I practice. Others? Possible I guess. But he shouldn't count on it.

Thanks, OG. It is a little different in Michigan.

I still recommend Cross Hair's son consults with an attorney in his area, to see if the attorney can help the son get the DUI charge reduced or, if only on a technicality, dismissed.

With a DUI conviction, the son so greatly restricts his future opportunities, I see that the cost of an attorney would be worth it.

I agree that the son should be dropped from Cross Hair's insurance and he should now be responsible for his own insurance.


edit to add: I just saw your post, Cross Hair. I am glad you plan to suggest to your son that he hire an attorney.