Category Archives: OVI/DUI

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Child Endangerment: OVI With a Child in the Car

It shouldn’t come as a surprise that driving under the influence is conduct that can be considered child endangerment.

 

It’s the responsibility of parents, caregivers, legal guardians, and custodians to ensure a child’s well-being. And, a negligent or intentional act that causes a child to be in danger of mental or physical harm can result in charges of child abuse or endangerment.

Thus, in addition to more serious OVI charges, driving under the influence with a child in the car can also lead to charges of child endangerment.

It’s also possible that being charged with an OVI when children are present can lead to an investigation by child protective services


Child Endangerment can increase an Ohio OVI charge and add in additional criminal penalties. 


Ohio courts can enhance the sentence for operating a vehicle while impaired, or OVI, if a child under the age of 18 is in the vehicle at the time of the offense.

 

OVI and Child Endangerment

 

Under Ohio state law, no person can create a substantial risk to the health or safety of the child by violating a duty of care, protection or support.

The child endangerment statute specifically includes the operation of a vehicle while under the influence of drugs or alcohol within the definition of child endangerment when one or more children under 18 are passengers at the time.

The child-endangerment crime is in addition to the underlying OVI offense, so a drunk driver can be found guilty of two crimes in the same legal proceeding for the same drunk-driving incident. Ohio law provides that the child-endangerment crime under these circumstances is considered a second OVI for punishment and sentencing purposes.

The sanctions associated with OVI and related child endangerment charges are serious. In addition, such charges on your record can make it difficult to find employment and a place to live, as well as the personal challenges related to the remorse and stigma. 


If you or a loved one is charged with OVI or a similar crime, it is important to take the charge seriously. Contact Attorney Mishak today to discuss your options.



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Ohio Cannabis & DUI / OVI Law Overview

Stay informed by brushing up on Ohio’s cannabis and DUI / OVI laws so you’re familiar with the penalties you could face if you’re busted behind the wheel. 


Ohio Cannabis & DUI / OVI Law Overview

No person shall operate any vehicle if, at the time, the person has a concentration of marijuana in their system in the following amounts:

Substance Urine Blood
Marijuana 10 ng/mL 2 ng/mL
Marijuana metabolite 35 ng/mL 50 ng/mL
Marijuana metabolite with other drugs/alcohol 15 ng/mL 5 ng/mL

If a person has obtained a prescription issued by a licensed health professional, it is considered a valid defense; however, a doctor’s recommendation for medical cannabis does not constitute a prescription.

Test: 

Whole blood, blood serum, plasma, breath, urine, or other bodily substance

Penalties:

  • 1st offense: 1st degree misdemeanor, mandatory minimum of three days up to 6 months in jail, an intervention program, or both; judge may suspend jail sentence in lieu of a community control sanction and a driver’s intervention program; $375 to $1075 fine, driver’s license suspension for six months up to three years, driver may apply for IID to reduce period of suspension.
  • 2nd offense (within 10 years): 1st degree misdemeanor, mandatory minimum of 10 days up to six months in jail, sentence may consist of both jail time and house arrest with electronic monitoring and continuous alcohol monitoring; must be assessed by community addiction services provider, $525 up to $1,625 fine, driver’s license revocation for one to seven years, vehicle shall be impounded for 90 day.
  • 3rd offense (within 10 years): Misdemeanor, mandatory minimum of 30 days up to one year in jail, sentence may consist of both a jail term and house arrests with continuous alcohol monitoring, $850 up to $2,750 fine, court shall order participation in a community addiction services provider, driver’s license revocation for two years to 12 years, during which the offender’s vehicle shall be criminally forfeited.
  • 4th and 5th offenses (within 20 years): 4th degree felony, mandatory minimum of 60 days, no more than one to five years’ maximum imprisonment, mandatory participation in a community addiction services provider, $1,350 to $10,500 fine, driver’s license revocation for three years to life, vehicle may be criminally forfeited.
  • 6th offense: 3rd-degree felony, mandatory minimum of 120 days up to five years in jail, $1,350 to $10,500 fine, indefinite license revocation, mandatory participation in an addiction services program, the vehicle may be criminally forfeited.

For more information, please refer to Ohio Rev. Code, Title 45, Chapter 4511.49.

 


Charged with a DUI / OVI in Lorain County? Attorney Mishak can help! Contact him today for a consultation to see how.

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Man Runs Self Over Gets DWI

File this one under Unbelievable.

There are many straightforward ways that a person can get charged with an OVI, DUI, DWI: being pulled over for driving erratically, sobriety checkpoints, or being involved in a car accident.

Then, there are less conventional ways to get an OVI, DUI, DWI, such as riding a horse on the freeway.

Regardless of how you end up being arrested for an OVI, DUI, DWI, your life and mood turn from good to bad in an instant. However, being charged after being hit by your own car, just adds insult to injury.

While this may sound like something out of a reality TV show like COPS or movie like Jackass, it actually happened to a man in Virginia.


 

March 6, 2018 – ALEXANDRIA, Va. (AP) — A northern Virginia man is facing charges including driving while intoxicated and possessing marijuana after a police pursuit in which he ended up running over himself.

Fairfax County Police released dashboard video from Tuesday’s incident showing 30-year-old Isaac Bonsu getting out of his car on a residential street in the Alexandria section, a Washington suburb. But Bonsu apparently forgot to put the car in park and the video shows him running in front of the car and being struck.

Bonsu gets up and continues running. Police say they caught him, unharmed, after a brief foot chase.

Police say they initially pulled Bonsu over Sunday for an apparent equipment violation.

Charges against Bonsu include a third-time DWI, felony hit-and-run, and illegal window tint.

 


Even good people make mistakes.

If you or someone you know has been charged with OVI in Elyria, Lorain, or surrounding areas, fill out the contact info below.

Attorney Mishak understands and will help lessen the impact the OVI has on your life. Let his experience as a former Chief Prosecutor work for you!

Get back on the road to your life again.


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