suhrelaw | August 14, 2017 | OVI Defense
Being arrested for an OVI in Ohio is the same as what you know as DUI or driving under the influence. The State of Ohio changed the penalties and definitions almost 20 years ago and made the new title Operating Under The Influence or OVI for short. Basically it is the same thing.
How can you get an OVI?
OVI in Ohio can be charged when the officer believes he or she has probable cause that you consumed drugs or alcohol and it impaired your ability to operate a motor vehicle. Operate means to move or have cause movement. You do not have to be caught driving to get charged with an OVI. The state can charge you two ways: because they believe you are under the influence or if you submit to a blood, breath, or urine test and that result is over the limit.
How can you beat an OVI or DUI charge?
You can avoid a conviction by having your lawyer negotiate with the prosecutor to have the charge reduced. Your lawyer can also attack the stop, the detention, field sobriety tests, arrest, and any statements you made. If your lawyer can exclude evidence from the state’s case they might not be able to prove you guilty beyond a reasonable doubt.Your lawyer can also make arguments against the breath test machine or improper collection of blood and urine.
Can you expunge an OVI or DUI in Ohio?
No. An OVI or DUI in Ohio may not be able to be sealed or expunged. First of all it is a traffic offence under section 45 of the revised code. No offenses can be sealed under this section. Also, the statute that authorizes sealing or expungement of records in Ohio specifically does not allow DUI or OVI convictions to qualify. If your case was dismissed or you were acquitted then you do qualify.
Can I be offered diversion or treatment in lieu of conviction on an Ohio OVI charge?
In most cases no. However, Vandalia Municipal Court is unique in that it allows diversion on OVI cases. There are some exceptions and it is always up to the discretion of the prosecutor, probation, and the judge. Exceptions include: high breath tests, cases with an auto accident, defendants with prior convictions for DUI or a felony, CDL license holders, child endangering, companion felony charges arising from the same incident like a gun charge or drugs. If your lawyer can get you diversion you have to plead guilty to the OVI in court and then you must pay about $550 in supervision fees and sign the contract with probation saying you will not reoffend. If you stay out of trouble for one year then the court will dismiss the case and you will not be sentenced, but the case is not eligible for expungement.
Where is Vandalia Municipal Court located?
The court is located at 245 James Bohanan Dr., Vandalia, OH, 45377. Their phone is (937) 898-3996. On November 8, 2005 Cynthia M. Heck was appointed sit as the judge in Vandalia Municipal Court in Ohio. She is currently still serving.