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Was told Ohio ALS fine ($475) was waived & terminated... it wasn't

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ryansmith

Junior Member
Hi,

I was accused of OVI, which was reduced to Physical Control. I do wish I would have proceeded to fight in court because I was well within the margin of error, but that is another story.

When my attorney presented me with the plea deal, I asked him several questions. one question I asked was if the fee associated with the ALS would be waived and terminated, as I was aware that this fee is often waived and terminated. He misinformed me by saying that there would be no fine with the reduced plea.

I would really like to ask the court for consideration of waiving and terminating the ALS fee, and explain my reasoning for this. I am not sure what the best way to do this would be. The few people I have talked to said it would be possible to file a motion. Another person said write a letter to the judge explaining the situation.

Additionally, I had good reason to justify this waiver as I appealed the ALS within five days of arrest as the arresting officer would not let me see or read Form 2255 prior to signing.

And I haven't spoke to my attorney since the pre trial. He has been unreachable by phone and hasn't replied to the two emails I have sent him and it's been almost two months since.

Thank you or any help!
 



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