Opinions on upcoming DUI case please...
Administrator
Join Date: Apr 2007
Location: Australia
Posts: 211,602
hi BeHappy
I would include all the things you've mentioned here when you plead your case with your lawyer, or before a judge.
I would not drive on a disqualified licence.
Sure, some people may be lucky and never get caught, but others do get caught and it can make the situation much worse.,
Trying to beat the system, to beat 'The Man', was what I lived for for 30 years as a drinker and drug taker.
It's a lot easier to try and work with the system.
I would include all the things you've mentioned here when you plead your case with your lawyer, or before a judge.
I would not drive on a disqualified licence.
Sure, some people may be lucky and never get caught, but others do get caught and it can make the situation much worse.,
Trying to beat the system, to beat 'The Man', was what I lived for for 30 years as a drinker and drug taker.
It's a lot easier to try and work with the system.
Member
Join Date: Dec 2015
Location: Dallas Texas
Posts: 579
Behappy1, defiantly google the specifics of a restricted DL in Ohio. I like to know a head of time the laws I might or might be breaking. 
Make sure your car is 100% legal.
I'm not a lawyer but consideration is usually given to single mothers.
Make sure your car is 100% legal. I'm not a lawyer but consideration is usually given to single mothers.
Member
Thread Starter
Join Date: Apr 2016
Posts: 992
Thank you!! Maybe this should be put in another thread. But does anyone know anything about an MVR?? In going through my termination paperwork it says that I have 13 points on my MVR. I called my attorney, he looked up my license and said I have 0 points. I had a speeding ticket in 03 when my sister went in to labor 2 months early.
From my understanding and research the 13 points are from this DUI. I haven't even been to court yet or no verdict has been made. How can this be? That's like them being the judge, jury and prosecutor. I have zero clue what my case will bring, but based on the 13 points they're assuming I'll be fully charged with everything.
Anyone have any experience in this?
Also, my SUV is all good as far as being 100% safe, lights, signals all working etc. I'll talk to my attorney this week and run all of this by him as far as my driving.
From my understanding and research the 13 points are from this DUI. I haven't even been to court yet or no verdict has been made. How can this be? That's like them being the judge, jury and prosecutor. I have zero clue what my case will bring, but based on the 13 points they're assuming I'll be fully charged with everything.
Anyone have any experience in this?
Also, my SUV is all good as far as being 100% safe, lights, signals all working etc. I'll talk to my attorney this week and run all of this by him as far as my driving.
Mini Novel Post Writer
Join Date: Jun 2013
Location: Maine
Posts: 3,649
Hi Behappy1, I'm wondering if Ohio is like Maine. We have to deal with two separate entities. You may too in Ohio.
The DMV (or BMV) decides if your suspension is upheld. It's a hard case to win. Basically, in order for the suspension to be overturned something has to have gone awry like the breathalyzer not being properly calibrated or the officer who administered the test not being current with their certification to administer the test. That rarely happens. If you refused the test and the officer can prove that you did (which is what happened with me) you're basically SOL. Driving is a privilege, not a right. Whatever the outcome, this affects your MVR (motor vehicle record) regardless of what happens in court which is separate.
Court is for the actual charges (OUI, DUI, whatever it's called in your state) and any other charges if there was an accident. This is where fines and sentencing occur.
Many in this state say this is double indemnity but hey, it keeps people who would otherwise chance it off the roads.
Most of the time.
The DMV (or BMV) decides if your suspension is upheld. It's a hard case to win. Basically, in order for the suspension to be overturned something has to have gone awry like the breathalyzer not being properly calibrated or the officer who administered the test not being current with their certification to administer the test. That rarely happens. If you refused the test and the officer can prove that you did (which is what happened with me) you're basically SOL. Driving is a privilege, not a right. Whatever the outcome, this affects your MVR (motor vehicle record) regardless of what happens in court which is separate.
Court is for the actual charges (OUI, DUI, whatever it's called in your state) and any other charges if there was an accident. This is where fines and sentencing occur.
Many in this state say this is double indemnity but hey, it keeps people who would otherwise chance it off the roads.
Most of the time.
Member
Thread Starter
Join Date: Apr 2016
Posts: 992
Will this be changed once I do go to court?? Say it's reduced?? Certainly they can't leave it the way it is on the MVR if the courts reduce it can they? I had no idea this was even going on a separate report!
Mini Novel Post Writer
Join Date: Jun 2013
Location: Maine
Posts: 3,649
That's where I'm gray. I don't know if the impact can change based on the court outcome. It would be nice if it could. I know that soberaccountant had the DA even remove the refusal because of the good work he was doing. I highly doubt that will be true here. Try doing some Google searches. That's what I've done. Or call your lawyer.
You're not alone. I wish we lived closer.
You're not alone. I wish we lived closer.
Member
Thread Starter
Join Date: Apr 2016
Posts: 992
Me too LB!! I had no idea about this MVR or even what it was until my termination paperwork. Didn't even know this was a battle that I'd have to face too. This is on my list to dig into tomorrow! I'll let you know.
Mini Novel Post Writer
Join Date: Jun 2013
Location: Maine
Posts: 3,649
Originally Posted by LadyBlue0527 
Many in this state say this is double indemnity but hey, it keeps people who would otherwise chance it off the roads.
Member
Join Date: Sep 2009
Posts: 709
Behappy, Ohio is the 41st strictest drinking and driving state in the nation. Meaning, 40 states are stricter. I don't recall having an issue with the MVD -- I just had to be cleared by the court to reinstate my license. You might be assigned to a probation officer -- I was. That really sucked. Looks like you lose your license for 3 months in Ohio.
https://wallethub.com/edu/strictest-...-on-dui/13549/
https://wallethub.com/edu/strictest-...-on-dui/13549/
Member
Join Date: May 2010
Location: USA
Posts: 13,560
We have talked about this some. In my state, Your MVR will reflect the suspension. It will not reflect your actual charges until you are convicted. If your attorney gets this moved down to a non moving violation, that is what it will reflect. Your MVR will still reflect the suspension, and that will not change at all based on what happens in court. A separate entity that controls that.
In my state, you would be required to carry what is called an SR-22 to keep your license, which is basically a copy of your insurance to the state. If you were to cancel, they would send an SR-26 letting the state know that happened, and the state would suspend your license. You would also likely be required to have an Ignition Interlock for a period of 1 year which you will have to pay for.
There will likely be insurance issues with your personal insurance depending on your carrier as some carriers do not accept clients who need SR-22 b/c they know why. If that happens, simply switch carriers to one who will file it for you. As far as being on commercial insurance for a fleet, there will also be issues. I would be forthcoming and take your MVR with you once this is all settled to any job interview. The reason I say this is b/c many employers hire an employee based on what they are told. They don't have their MVR in front of them yet. They then add them to the commercial insurance, the carrier runs the MVR and comes back that they will not carry them as a driver, and the employee then loses their job. I literally see this happen all the time. So I would be honest and up front once you go to court and have this sorted out with any job prospect that you may be a driver on their commercial policy.
This is not legal advise, and I am just letting you know what I see here in the state which I reside. You can get a lot of information speaking to the DMV for your state, and by speaking to a qualified auto insurance manager once you have went to court. Just my .02
I do know of one Personal/Commercial carrier that does not rate or consider suspensions on an MVR. That is in my state, not sure how it is in yours. However, their commercial product is very expensive, so it's doubtful that you would interview with someone who has them as a carrier due to the high expense of an already expensive product.
I hope any of this helps.
In my state, you would be required to carry what is called an SR-22 to keep your license, which is basically a copy of your insurance to the state. If you were to cancel, they would send an SR-26 letting the state know that happened, and the state would suspend your license. You would also likely be required to have an Ignition Interlock for a period of 1 year which you will have to pay for.
There will likely be insurance issues with your personal insurance depending on your carrier as some carriers do not accept clients who need SR-22 b/c they know why. If that happens, simply switch carriers to one who will file it for you. As far as being on commercial insurance for a fleet, there will also be issues. I would be forthcoming and take your MVR with you once this is all settled to any job interview. The reason I say this is b/c many employers hire an employee based on what they are told. They don't have their MVR in front of them yet. They then add them to the commercial insurance, the carrier runs the MVR and comes back that they will not carry them as a driver, and the employee then loses their job. I literally see this happen all the time. So I would be honest and up front once you go to court and have this sorted out with any job prospect that you may be a driver on their commercial policy.
This is not legal advise, and I am just letting you know what I see here in the state which I reside. You can get a lot of information speaking to the DMV for your state, and by speaking to a qualified auto insurance manager once you have went to court. Just my .02
I do know of one Personal/Commercial carrier that does not rate or consider suspensions on an MVR. That is in my state, not sure how it is in yours. However, their commercial product is very expensive, so it's doubtful that you would interview with someone who has them as a carrier due to the high expense of an already expensive product.
I hope any of this helps.
Member
Join Date: Dec 2014
Posts: 295
I don't agree that this is ALL your fault. The penalties for a first offense DUI are ridiculous and, as you can see, burden a lot of people who had nothing to do with it. It isn't right.
Best of luck. So much is going to depend on the judge/ jury, and attorney you have. DUIs are pretty common these days and with nothing else on your record I don't think it looks that bad.
Best of luck. So much is going to depend on the judge/ jury, and attorney you have. DUIs are pretty common these days and with nothing else on your record I don't think it looks that bad.
Member
Join Date: Nov 2014
Location: Los Angeles
Posts: 133
Originally Posted by Venecia
All good questions for your attorney, who best knows the penalties for the precise charge you got, state laws, court expectations in your jurisdiction.
I hope everything works out well for you, Behappy.
I hope everything works out well for you, Behappy.
Member
Join Date: Sep 2009
Posts: 1,122
Sorry if this has been said already as I did not read all the comments; however I am a dui counselor in the state of California and know how difficult this process can be for my clients.
In my state, after 30 days you can get a restricted license that only allows you to drive to work. After you have enrolled in a dui program you are eligible to get an IID, or ignition interlock device, which will allow you drive anywhere at any time so as long as you are sober.
If, your state has not mandated this device, you can ask the court of conviction to grant this privilege to you. You can do this by putting yourself on the court docket by contacting the court's admin dept.
It's not cheap and I suggest you shop around but it will grant you your driving privileges back. It's also important to note that you absolutely cannot drive a vehicle that does not have an IID installed and if caught blowing any BAC while operating a vehicle with an IID installed you will be charged with a felony.
Also, I want to let you know that after you served your probation time and took care of all outstanding fines, you are eligible to have your dui conviction expunged, which means employers can't find it in a background check.
However, if you drink and drive again, the expungement is removed and it is that much harder, if not impossible, to have a second dui expunged again.
It's really important that you maintain your sobriety and if you do so this dui conviction will get easier/solved in about 3-4 years. In the meantime, get an IID.
In my state, after 30 days you can get a restricted license that only allows you to drive to work. After you have enrolled in a dui program you are eligible to get an IID, or ignition interlock device, which will allow you drive anywhere at any time so as long as you are sober.
If, your state has not mandated this device, you can ask the court of conviction to grant this privilege to you. You can do this by putting yourself on the court docket by contacting the court's admin dept.
It's not cheap and I suggest you shop around but it will grant you your driving privileges back. It's also important to note that you absolutely cannot drive a vehicle that does not have an IID installed and if caught blowing any BAC while operating a vehicle with an IID installed you will be charged with a felony.
Also, I want to let you know that after you served your probation time and took care of all outstanding fines, you are eligible to have your dui conviction expunged, which means employers can't find it in a background check.
However, if you drink and drive again, the expungement is removed and it is that much harder, if not impossible, to have a second dui expunged again.
It's really important that you maintain your sobriety and if you do so this dui conviction will get easier/solved in about 3-4 years. In the meantime, get an IID.
Member
Thread Starter
Join Date: Apr 2016
Posts: 992
How ironic is this?? A guy that I worked with and I are friends on FB. Yesterday his wife posted pic's of them with a group in a car on the way to a concert. They all had red solo cups full. In hand! They all had that excited and drunk look and were posting pic's and stuff that were out of character for their sober selves. I'm sure it wasn't mt dew in the cups.
I spent most of yesterday going through my finances, budget, cobra insurance and just starting to figure out which direction I want/need to go as far as employment. I have court next week and have a call in to my attorney today. I have zero clue what I'm looking at right now. I feel like my life is one of those snow globes that has been shaken. Where everything is swirling around with no idea how it will land or if it will fall into place.
I was thinking about my friend on fb and how that ONE red solo cup can turn his entire world upside down. From the pic's, it looks like they had an awesome time at the concert and made it home safely.
I spent most of yesterday going through my finances, budget, cobra insurance and just starting to figure out which direction I want/need to go as far as employment. I have court next week and have a call in to my attorney today. I have zero clue what I'm looking at right now. I feel like my life is one of those snow globes that has been shaken. Where everything is swirling around with no idea how it will land or if it will fall into place.
I was thinking about my friend on fb and how that ONE red solo cup can turn his entire world upside down. From the pic's, it looks like they had an awesome time at the concert and made it home safely.
Member
Join Date: Dec 2014
Location: Somewhere in California
Posts: 1,136
Originally Posted by uncorked
Behappy, Ohio is the 41st strictest drinking and driving state in the nation. Meaning, 40 states are stricter. I don't recall having an issue with the MVD -- I just had to be cleared by the court to reinstate my license. You might be assigned to a probation officer -- I was. That really sucked. Looks like you lose your license for 3 months in Ohio. https://wallethub.com/edu/strictest-...-on-dui/13549/
Member
Thread Starter
Join Date: Apr 2016
Posts: 992
I am about to lose my mind. Attorneys office just called. Attorney injured his knee and cannot be there on Monday. Court is continued until October. I don't know what to do except just drive and say its for work. I cannot do this until October. I can't. I was a million percent banking on the fact that this would be over on Monday. I will not be at the mercy of my parents any longer. My kids can't even get their permits until I have my license. It HAS to be with a licensed parent.
I will seriously go crazy. I spoke with my attorney a few days ago and he was going for "time served" with the loss of license but for work as well as treatment that I'd went too.
My parents cannot keep doing the 16 trips at minimum a week that they are doing to run my kids around. I can't even get to the grocery store or to pick up my sons rx legally.
I will seriously go crazy. I spoke with my attorney a few days ago and he was going for "time served" with the loss of license but for work as well as treatment that I'd went too.
My parents cannot keep doing the 16 trips at minimum a week that they are doing to run my kids around. I can't even get to the grocery store or to pick up my sons rx legally.
Mini Novel Post Writer
Join Date: Jun 2013
Location: Maine
Posts: 3,649
I'm sorry to hear all of this Behappy, I feel for you and totally understand the frustration!
Wow, that's a big jump in timeframe. He can't make it on Monday, June 27th so nothing until October?
I would ask to make an appointment to speak with him directly some time next week.
Wow, that's a big jump in timeframe. He can't make it on Monday, June 27th so nothing until October?
I would ask to make an appointment to speak with him directly some time next week.
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