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  #1  
Old 11-30-2005, 08:21 PM
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Join Date: Nov 2005
Posts: 16
Unhappy

A second DUI less than 3 yrs


What is the name of your state? OHIO,

Hello Guys...
I just received my second DUI ,I was speeding 26 over the limite didn't cause an Accident or anything,but I refused to blow .
Well,today I went to court ,the judge just scared me ,she said do you understand you can get 6 months in jail and $1000 in fines,do you want to proceed,or get an attorney.I mean I don't have any money to get one,since I make over $40 k a yr.
I have a continuous til friday.
I mean there is no way I can come out with money,they impounded my car.
She also said if we find you guilty we can take your plates for 90 days.
The problem I have 2 cars on my name,if they take them I can't get to work my wife can get to school,basically I am screwed,I can loose my job.
Was she just being harsh ?can she really send me to jail for 6 months?
Please advice what should I do ?
Help will greatly be appreciated
Thanks
  #2  
Old 11-30-2005, 08:29 PM
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Join Date: Nov 2005
Location: The Firey Dance of Love!
Posts: 12
Quote:
Originally Posted by TIZI
What is the name of your state? OHIO,

Hello Guys...
I just received my second DUI ,I was speeding 26 over the limite didn't cause an Accident or anything,but I refused to blow .
Well,today I went to court ,the judge just scared me ,she said do you understand you can get 6 months in jail and $1000 in fines,do you want to proceed,or get an attorney.I mean I don't have any money to get one,since I make over $40 k a yr.
I have a continuous til friday.
I mean there is no way I can come out with money,they impounded my car.
She also said if we find you guilty we can take your plates for 90 days.
The problem I have 2 cars on my name,if they take them I can't get to work my wife can get to school,basically I am screwed,I can loose my job.
Was she just being harsh ?can she really send me to jail for 6 months?
Please advice what should I do ?
Help will greatly be appreciated
Thanks

Two DUI's in 3 years? You're about to discover the warmth of Bubba

Last edited by m martin; 12-01-2005 at 12:05 AM.
  #3  
Old 11-30-2005, 09:11 PM
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Join Date: Oct 2005
Posts: 1,289
you really should get a lawyer.
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  #4  
Old 11-30-2005, 09:55 PM
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Join Date: Nov 2005
Posts: 16
Thanks for you reply,I know I need a lawyer I wish I have the $$,but I don't.
I don't think they will lock you up for 6 months for a second DUI,do they ?

I have another question,does any1 know whather they will issue you with special plates if I get a privileges ?
Thanks alot
  #5  
Old 11-30-2005, 10:19 PM
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Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
Two in three years doesn't matter.

Under Ohio's new DUI law the judge is correct. HOWEVER, she didn't tell you everything.

Not only is she MANDATED to do all of what you listed, but the state can also confiscate your auto.

And your excuses won't work. It's the law. PERIOD!
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  #6  
Old 12-01-2005, 10:14 AM
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Join Date: Jan 2005
Location: North Florida
Posts: 1,625

BigMistakeFl


You can get a lawyer, you just have to beg, borrow the funds, or sell something to do so. You really don't have a choice in the matter, unless you just want to take whatever is handed to you, and comply with "Lets Tango's" post above.

When I was arrested, my vehicle was to be impounded for ten days. We have three cars, one for my wife, another for my son and one for me. My PO asked which one should get the "boot". They did not intend to impound all three.

Find a way and hire a lawyer.
  #7  
Old 12-04-2005, 11:30 PM
Member
 
Join Date: Nov 2005
Location: Murfreesboro,Tennessee
Posts: 62
Quote:
Originally Posted by TIZI
Thanks for you reply,I know I need a lawyer I wish I have the $$,but I don't.
I don't think they will lock you up for 6 months for a second DUI,do they ?

I have another question,does any1 know whather they will issue you with special plates if I get a privileges ?
Thanks alot
O.k..
How many DUI's have you had in the last 20 years?
Thats what Ohio is going to look at. They dont go by 5 years anymore in Ohio.
I'm from Akron myself. The new law goes back 20 years.
If you got a Super DUI. Then your going to do some big time.

Also Ohio now Issues Orange plates for Multiple Offense DUI's.
Columbus has those operators. Your not going to get those back.
So theres no proving your inoccent. And your car is probably gone.
They can lock you up for 1 year on a second offense. Maybe more now.
Ohh Dude you refused to blow.
Your in bigger trouble than i thought. You shouldnt have refused.

Now there going to revoke your DL. Under Ohio law they automatically take those operators and you wont get them back.
Shouldnt have refused that BAC.
They can also sentence you to more time too.

Last edited by shawnintennesse; 12-04-2005 at 11:42 PM.
  #8  
Old 12-05-2005, 12:12 AM
Member
 
Join Date: Dec 2005
Posts: 340
DAM is MADD headquatered in OHIO .... I am against drunk driving but that is rough.....
  #9  
Old 12-05-2005, 09:55 AM
Member
 
Join Date: Nov 2005
Location: Murfreesboro,Tennessee
Posts: 62
Quote:
Originally Posted by RedemptionMan
DAM is MADD headquatered in OHIO .... I am against drunk driving but that is rough.....
MADD sure is.
And there all over that state house. When you refuse to blow in Ohio , They almost always automatically revoke you.
They dont tell you how bad your in for. Till you start getting paper from Columbus.

First off your not under just one suspension. There is the A.L.S suspension.
Thats where they,ve taken your plastic DL on the spot. And your tags. No matter whos name there in. Then they can possibly take the vehicle and seize it.

A key provision of Ohio’s DUI law is administrative license suspension (ALS). Under the law (effective September 1, 1993), any motorist stopped for drunk driving who refuses to take the sobriety test or whose test results exceed the legal limit of .10% Blood Alcohol Concentration (BAC) will have his/her license taken administratively on the spot, with suspension effective immediately. Depending on previous offenses, the ALS period can range from 90 days to five years.

If a person is stopped and arrested for driving under the influence of alcohol and either fails or refuses a blood alcohol or chemical test, the officer seizes the offender’s drivers license on the spot, serves notice of suspension and sends the offender’s drivers license to the Bureau of Motor Vehicles (BMV).
Second offense: Fine—$300 to $1,500; ALS for one year for .10% BAC or above; ALS for test refusal is a two-year license suspension; Jail—minimum of 10 consecutive days or five days plus minimum of 18 consecutive days of electronically monitored house arrest (EMHA), up to a maximum of six months; Discretionary driver’s intervention program; Vehicle immobilization and plates impounded for 90 days; Court license suspension is one to five years.

And theres also the new law passed in Ohio where they can go back 20 years on you.
Also forgot to add. That DL will be suspended under the A.L.S. Then a second suspension from the DUI itself. Which will cause a revokation. That will be for the term of the one year to indefianate. Plus you still have 6 points from the last DUI. That places you at 12 points.
Again youve lost your right to drive in the state of Ohio. If they do let you have them back. You will take all 3 parts of the road test.
And possibly a hearing in Columbus.
Lets just say his operators are gone..

Last edited by shawnintennesse; 12-07-2005 at 01:25 AM.
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