Michele A. Smith   Attorney at Law
Michele A. Smith Esquire

Phone 419 502 2002
FAX  419 502 2004

Email: msmithlawoffice
@yahoo.com






1604 E Perkins Avenue
Suite 202
Sandusky, Ohio  44870


Michele A. Smith Law Office, L.L.C.

 

Traffic Law  From speeding to illegal U-turns to DUI, if you have been cited for violating a traffic law and would like to learn more about your legal options, including your right to go to court to fight the ticket, you should contact our office for representation as more serious offenses like reckless driving or leaving the scene of an accident can impact your driving privileges.  Having an experienced attorney on your side can help ensure that your legal interests are protected to the fullest extent possible.

DRIVING WHILE IMPAIRED

Ohio drunk driving cases are referred to as either OVI (operating a vehicle while intoxicated), DUI (driving under the influence of alcohol), or OMVI (operating a motor vehicle while under the influence, impaired, or intoxicated). Drunk driving arrests trigger two separate concerns: the court case and the Bureau of Motor Vehicles case.

OMVI / OVI law makes it a crime for any person to operate a motor vehicle while having any amount of alcohol or drugs in their system,  or a combination of drugs and alcohol in their system,  that impairs the individualís physical or mental abilities to an appreciable degree. Since this traffic offense does not require proof of any specific amount of alcohol in your system you don't have to take a breath, urine, or blood test to be charged, and convicted, of this offense.

Drunk driving (DUI) laws makes it illegal to operate a motor vehicle with a specific level of alcohol in your system, .08% BAC as determined by blood, breath, or urine testing. A DUI charge has nothing to do with the alcohol interfering with the driver's physical or mental abilities. A DUI charge is based on body chemistry and if you test at .08% BAC you will be charged with DUI.

The sanctions and penalties for each of these offenses depend upon the individualís prior criminal record, traffic record, prior convictions, level of alcohol in their system, results of the field test, and other specific facts of the individual case. Punishment for an Ohio DUI / OVI conviction may include jail time, fines, suspension of driving privileges, possible impounding of license plates, immobilization of forfeiture of the vehicle, or even seizure of the vehicle.

Since Ohio law prohibits a person from expunging a DUI conviction from his or her criminal record it is important to have an experienced attorney represent you in a DUI charge.   Please call our office at 419-502-2002 if you have been charged with impaired driving.

 

THE POINT SYSTEM FOR TRAFFIC VIOLATIONS

In Ohio, points are assigned to your driving record for various traffic violations. The points assigned are either 2, 4 or 6 depending upon the severity of the offense.  In Ohio during a 2 year period the Bureau of Motor Vehicles can look back for points assessed and if the total goes up to 12 points during this time period your license will be suspended.  To find out how many points you have on your Ohio driving record you can order a driver abstract from the BMV by mail or in person at a local deputy registrar license agency.

If you want to get credit against the total amount of points charged to your Ohio driving record you can take an approved driver improvement course to obtain a two point credit as Ohio law allows that an 8 hour remedial driving course can be completed to grant a two point credit to Ohio drivers who have at least two, but less than twelve points, charged against their Ohio driving record within a two year period.  The remedial course can be completed once every three (3) years and a maximum of five credits can be granted within a lifetime. The BMV notes though that the driving class does not delete or remove any points from your Ohio driving record it does credited you 2 points against your accumulated point total.