OVI in OHIO

[magik5]

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

Hello,

I am in NE Ohio. I was pulled over after leaving a bar around 2:30 am. I was stopped by a OSHP, a very nice man at that. I was given the SFST's ( pen follow, line walking, and standing on one foot), and from my own judgement, I'd say I failed 2 of the 3. I was placed under arrest and put nicely into the back of the cruiser.

The officer certainly helped me out by allowing me to contact my girlfriend to come and take my vehicle. I was then driven to the OSHP station in NE Ohio, and submitted to a breath test.

I blew a .144

My citation has checked off OVI - 4511.19 AH (possibly, I can't make out the last two marks.

It also has checked off "Other Offense" - marked lanes - 4511.33

In the remarks section the officer wrote ".144 - NO PRIORS"

Accompanying criminal charge checked-NO , and 'Total # of Offenses : 2'

I must appear in court on Tues.

I have never done anything as stupid as this and I want to be responsible for my mistakes.

I have never been to court before, nor do I have a clue on how to plea when I appear there on Tues.

My question is -- what happens if I plea GUILTY - I totally feel that I am guilty of this and should be responsible for my actions. Should I plea a NO CONTEST - or does that just pretty much say I am guilty. Or do I want to plea NOT GUILTY ??

People who I have spoken to (friends, family) had told me to hire a lawyer. I do not have that type of money. So do I ask for a public defender ?

What should I expect from the judge in my type of situation ( no priors, cooperative) . I would also like to be able to have WORK and SCHOOL privileges. I know under Ohio laws (Administrative license suspension) I am going to lose my license for 90 days from the time I was arrested.

I just really want to be able to go to work but school is out until Aug ( a week after my 90 days would be up). I don't want to hire an expensive lawyer.

Any guidance would be very helpful and appreciated.

[FlyingRon]

The second charge is a "failure to drive in the marked lanes".
The other is the OVI. You'll lose your license for some court determined time and pay between $200-1000 in fines. You could spend some time in jail (3 days minimum). Restricted licneses are available after a hard suspension time as determined by the judge. You have other hoops to jump through for the restricted.

If it is important to you, get a lawyer.

[fatamerican]

the fact that you were cooperative doesn't get you any breaks. if you were uncooperative then you'd have a bigger problem. the fact that he hit you with the additional charge of failing to stay within marked lanes shows you're not getting any slack. maybe a lawyer could get the failure to stay within marked lanes thrown out & get you 3 days in the driver intervention program instead of the 3 days in jail. to me DUI is a big deal. if you don't have money for a lawyer i'd recommend you get a PD or borrow money.

[magik5]

Hello again and thanks for the replies.

Yes, the charge of 4511.19 A2 - I found out is a 'per se' charge on the low tier end of failing a BrAC test.

I got in contact with some people I know who have OVI's.

I should be able to get by with a PD, and they maybe able to get me work privileges on Tues.

If I bring a work schedule from my General Manager do I have a better chance of them being granted. I really want to be able to work more so I can pay the fines.

I also heard about the 3 day driver intervention program you're speaking of. Will the PD help me obtain that ?

I too think OVI is a big deal.
let me tell you why it's a big deal to me...

When I had to break this to my mother, she cried. she thought she had taught me better than to be irresponsible like this. She said I was lucky I did not kill anyone, or even myself.

I felt like a huge disappointment to the woman who sacrificed so much to make mine better, and all I could do was say 'I'm sorry'.

But thanks again for the guidance and advisement.

[FlyingRon]

Originally Posted by magik5

I should be able to get by with a PD, and they maybe able to get me work privileges on Tues.

PD's are for people who are indigent and can not afford an attorney, not for people unwilling to pay for private counsel.

Hopefully these people giving you the free legal advice were convicted in the same court as the one you will appear. The license sanctions are entirely discretionary on the individual judges in Ohio.

If I bring a work schedule from my General Manager do I have a better chance of them being granted.

You will almost certainly have to show them to get the restricted anyhow.

I also heard about the 3 day driver intervention program you're speaking of. Will the PD help me obtain that ?

I too think OVI is a big deal.
let me tell you why it's a big deal to me...

A lawyer will.

If your PD request is turned down, get a private lawyer. Ask mommy to loan you the money if you don't have it.

[magik5]

I fell that I may be indigent..

I have a part time job, that I make seven dollars an hour.
I attend college, most of my money goes to support that.

I make average about less than nine thousand a year, does that prove that I could not afford a lawyer that will end up costing about two thousand ?

If I am able to obtain a PD, am I able to hire a lawyer after ?

I feel the only way to actually for me to be able to afford a lawyer would be to make an appeal to my grandmother. That's one of the last thing I'd like to do.

I plan to bring my work schedule and my doctors appointment cards.

I know it seems as possibly I come off as a spoiled kid or something to that extent and I'm trying to do whatever to avoid the consequences of my actions. I understand that I did wrong, it was a mistake - why do I not deserve a second chance ?

Thanks again for your insight and I honestly appreciate you advice from the 'other side' of the fence. Everyone I've talked to has been on the arrested side. The advice I have received here is more from the prosecutor/judge point of view and I feel it give me a more realistic idea of what I am up against.

Thanks again and Good day.