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  1. #1
    mkathyf is offline Member
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    can a dui conviction be appealed 5 years later?

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

    This has been grinding on me for quite awhile and I was just reading over our notes from the following incident:

    5 years ago my son was charged with a DUI (age 20 at the time). Our attorney had requested the tapes, breathalyzer information and officer information. It was found that the breathalyzer had not been calibrated, the officer's license, who performed the test, was expired and, of course, no tapes inside the squad car or in the interview room.

    Anyway, $2,000 later, our attorney said they would lessen the charge to a physical control. He also added that if we want to take it to jury we would probably win, but it will cost us another $2000-$3000. Because my son was returning to college soon, he took the lesser charge. (which really isn't much different than a DUI)

    Anyway, I have always felt that I failed him because of the money. Now that he has graduated from college with a finance degree, he is finding it difficult to secure a career position, because of the DUI on his record.

    So, is there any way he can revisit the case? like an appeal or anything else?
    Had we known this would be such a major road block for the rest of his life, he and I would have come up with the cash.
  2. #2
    Ohiogal is offline Senior Member
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    Quote Originally Posted by mkathyf View Post
    What is the name of your state (only U.S. law)? Ohio.

    This has been grinding on me for quite awhile and I was just reading over our notes from the following incident:

    5 years ago my son was charged with a DUI (age 20 at the time). Our attorney had requested the tapes, breathalyzer information and officer information. It was found that the breathalyzer had not been calibrated, the officer's license, who performed the test, was expired and, of course, no tapes inside the squad car or in the interview room.

    Anyway, $2,000 later, our attorney said they would lessen the charge to a physical control. He also added that if we want to take it to jury we would probably win, but it will cost us another $2000-$3000. Because my son was returning to college soon, he took the lesser charge. (which really isn't much different than a DUI)

    Anyway, I have always felt that I failed him because of the money. Now that he has graduated from college with a finance degree, he is finding it difficult to secure a career position, because of the DUI on his record.

    So, is there any way he can revisit the case? like an appeal or anything else?
    Had we known this would be such a major road block for the rest of his life, he and I would have come up with the cash.
    He has issues -- the likelihood of being able to appeal is slim and none. He could try to expunge his record if he has been a good boy both before and since.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    mkathyf is offline Member
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    thank you. Our neighbor is a judge in the same municipality (in fact, before my son's hearing, he warned us to make sure to check the machine's calibration). I believe we will try to talk to him about the situation.

    Curious...what did you mean when you said "he has issues" ?
  4. #4
    dave33 is offline Senior Member
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    Quote Originally Posted by mkathyf View Post
    thank you. Our neighbor is a judge in the same municipality (in fact, before my son's hearing, he warned us to make sure to check the machine's calibration). I believe we will try to talk to him about the situation.

    Curious...what did you mean when you said "he has issues" ?
    Everybody "has issues", that is not what should concern you. Also, forget about the appeal, you should be investigating how to expunge/seal a misdemeanor conviction in your state.
  5. #5
    tranquility is offline Senior Member
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    The time for an "appeal" has long since past. While there may be other options, I suggest an attorney to discover them.
  6. #6
    mkathyf is offline Member
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    About 2 months ago my son checked with the courthouse to inquire about an expungment. He was told that traffice violations (of any kind) cannot be expunged.
    A few years ago, he was driving my husbands car and was pulled over because the front license plate was missing (originally a florida car). He was given a ticket. It appears on his record and even that cannot be expunged.

    So, it sounds as though he is out of luck. Which is terribly unfortunate. A one-time bad judgment is taking him off the list of some good companies...especially financial institutions. I feel bad for him.
    thanks for your response.
  7. #7
    latigo is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    He has issues -- the likelihood of being able to appeal is slim and none. He could try to expunge his record if he has been a good boy both before and since.
    Have you ever tried to have an Ohio judgment of confiction for OVI sealed?

    And if so, what was the result? From what I can find (being a good boy or not) an OVI does not qualify under ORC 2953.36.
  8. #8
    Ohiogal is offline Senior Member
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    Quote Originally Posted by latigo View Post
    Have you ever tried to have an Ohio judgment of confiction for OVI sealed?

    And if so, what was the result? From what I can find (being a good boy or not) an OVI does not qualify under ORC 2953.36.
    I didn't say sealed. I said expunged. And depending on the actual conviction (she said it was not for OVI but a lesser charge) but didn't state for what exactly he was convicted, it may have been possible. Some crimes are expungeable. Others are sealable. The only appeal available would be a discretionary appeal and I am not seeing ANY cause for a discretionary appeal being accepted for consideration in this case.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  9. #9
    mkathyf is offline Member
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    The lessor charge was physical control....which isn't really much of a lessor charge.
  10. #10
    OHRoadwarrior is offline Senior Member
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    Quote Originally Posted by mkathyf View Post
    The lessor charge was physical control....which isn't really much of a lessor charge.
    It appears to have been a sustainable charge however. All it requires is he be under the influence of alcohol, a drug of abuse, or a combination of them. A field sobriety test or admission of consumption should prove that standard.

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