Does a DUI prelim HAVE to be held within 5 days?

What is the name of your state? Ohio


My friend just got a DUI because some kids were throwing eggs at him and then cut him off and hit the breaks and he rear ended them because he couldnt see well out of the windshield because of eggs and couldnt stop in time. The cop asked him if he had any drinks and he told him a couple while watching the football game. Anyway to make a long story short he blew a .1 and .08 is legal in Ohio.

Okay now there is this on his suspension form...

The suspension lasts at least until the person's initial appearance on the charge, which must be held within five days after the person's arrest, and the person may appeal the suspension at the initial appearance. (Sec. 4511.191(A), (C), and (D).)


Does this mean the appearance MUST be held within 5 days or it's thrown out? And also the officer wrote the wrong date on the ticket because the time was in the am and he still wrote downt he previous days date. Does any of this give him a shot of getting out of it. I felt bad and thought I would look around for him because hes a good kid and didnt deserve this. He is getting an attorny for the DUI and to press charges against the kids for the eggs and kicking out his drivers side window after he hit them.

Thanks ahead of time

... a friend of mine has that exact same question ! the arresting officer directed her to appear at a court that lacked jurisdiction over her. she appeared nonetheless and was told that the transferee court would contact her. interestingly, the secretary who sent her home did so before court was in session (she arrived 30 minutes early). she therefore never legally made an appearance (though the secretray did note on the file that she was present).

she is currently waiting to be summoned by the transferee court and five days has lapsed since the arrest. ORC 4511.196 states that, "the person's initial appearance ... shall be held within five days of the person's arrest ...". Was Your Friend Able to Get Rid of the Charges ???

Thanks. Monkey111 :-)