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Learn more about if a DUI /OVI affects auto insurance from Shane Herzner of Herzner Law.
  • By: Shane Herzner
  • Published: July 22, 2022

An OVI or DUI conviction comes with severe consequences. Driving while intoxicated poses a danger to you, your passengers, and other people on the road. It also makes you a risk to car insurance companies which is why they try to alleviate that risk by charging increased insurance premiums if you've been caught driving under the influence. Before knowing how a DUI or OVI can affect your car insurance, you must first understand what an OVI and DUI are.  What is an OVI/DUI? OVI stands for operating a vehicle under the influence, while DUI stands for driving under the influence. Being convicted of DUI or OVI means driving or operating a vehicle with a BAC (blood alcohol content) of 0.08% or higher. For drivers under the age of 21, getting…Read More

What Questions And Information Is Someone Who Is Stopped By Law Enforcement.
  • By: Shane Herzner
  • Published: June 28, 2022

First and foremost, folks who are stopped are required to cooperate with the officer if they are asked to exit the vehicle. Sometimes they think they don’t have to, which could be considered obstruction if you remain in your vehicle. So if the officer does ask you to get out of the vehicle, do that. Just make sure that you tell them that you’re not doing any tests. When it comes to questions, they ask you your name or identifying information, you do have to provide them with that, including your driver’s license and proof of insurance, but if they start asking you questions concerning where were you coming from and if you had any alcohol, you do not have to answer those questions. I recommend you not answer them…Read More

Learn more about the difference between OVI and DUI from Herzner Law.
  • By: Shane Herzner
  • Published: June 22, 2022

Is There a Difference Between OVI and DUI in Ohio? DUI (Driving Under the Influence) and OVI (Operating a Vehicle while Impaired) are interchangeable terms, so while OVI is a common term used in Ohio, both DUI and OVI refer to driving under the influence of drugs or alcohol. It is a crime to operate a vehicle while impaired in Ohio. OVI and DUI Defined DUI and OVI refer to the same thing: driving or operating a vehicle while impaired or under the influence of drugs or alcohol. And while most people associate vehicles with cars only, it is essential to note that vehicles include automobiles, bicycles, motorcycles, and even horse-drawn carriages. In Ohio, operating a vehicle while impaired means that you were doing one or more of the following:…Read More

Learn more about what the prosecution has to prove for a DUI or OVI conviction in Ohio from Shane Herzner of Herzner Law.
  • By: Shane Herzner
  • Published: March 21, 2022

For a per se case, all they have to do is prove that you’re over the legal limit, and that’s why I said don’t take these breath tests or chemical tests. For the opinion-based OVI, the 451119(A)1(a), they have to prove beyond a reasonable doubt that you were impaired by whatever amount of alcohol you had in your system. That is a much more difficult charge to prove, especially if you’re stopped for something like speeding or an equipment violation. Suppose you refused to take field sobriety tests. In that case, I think they have a significant challenge in trying to overcome that because they can’t show impairment. They have to show that your ability to drive a vehicle was impaired or that you have dexterity issues, or that your…Read More

Learn more about what exactly is considered an OVI in Ohio from Herzner Law.
  • By: Shane Herzner
  • Published: March 20, 2022

An OVI Operating a Vehicle while Impaired is how it’s defined by statute. The two main OVI sections are what’s known as the 451119(A)(i)(a) charge, the Ohio Revised Code, which is an opinion-based OVI. So, in other words, when you are on scene, and the officer places you under arrest, they are saying based on their opinion, observation, and experience, you were appreciably impaired and should not have been operating a motor vehicle. You are arrested on-scene before you’re allowed to take a breath test, and that’s probably another significant misconceptions about OVIs. So you’re arrested on-scene, and then they will take you back to the station after you’ve been arrested and offer to allow you to take a breath test. If you’ve never been arrested for an OVI before…Read More

what if someone can't remember
  • By: Shane Herzner
  • Published: March 19, 2022

Fortunately, nowadays, it's becoming more and more common for cruiser or body cameras to be present on many law enforcement agencies around here. Let's face it, you're nervous, you may forget details because of the nerves and everything else, and everything happens so quickly. So I don't expect the client to remember everything verbatim or in accurate detail. The good news is these videos will generally capture almost everything we need. Unfortunately, if no cameras are being used, it makes a case much more difficult, but a lot of it will depend on how detailed the police officer is in their report. Sometimes you get police officers that just put maybe a quarter of a page of details, which -- and I think defending the case is very helpful for…Read More

Want to plead guilty.
  • By: Shane Herzner
  • Published: March 18, 2022

I would never suggest pleading guilty because it stays on your record forever. A judge could sentence you up to 180 days in jail, and a judge could give you up to five years of probation. A judge could also suspend your license for up to three years; you need to know how the system works to request driving privileges, and you need to understand how the system works to file motions to get off probation early. It’s probably the worst thing in the world you could do is go in unrepresented. Often, judges will even tell you they won’t accept a plea until you consult an attorney on your case because they understand the severe consequences, mandatory jail time, and mandatory license suspensions, so they don’t want to see…Read More

DUI Herzner
  • By: Shane Herzner
  • Published: March 18, 2022

I’ve been practicing law since 2001. I started my career doing civil contract work and found that the part I enjoyed most about that job was being in a court room. A few years later I was offered a position as an assistant prosecutor for the Hamilton County Prosecutor’s office, which I immediately accepted. During my time as an assistant prosecutor I discovered my love for trial work. After litigating hundreds of cases, I decide it was time for a new challenge, so I left the Prosecutor’s office and started working as an associate in criminally defense firm, where I practiced primarily OVI/DUI defense. I started my own practice in 2013, and I’ve been concentrating on OVI defense since then. What Do You Find Are Some Of The Biggest Misconceptions People…Read More

Standard Penalties For DUI/OVI In Ohio.
  • By: Shane Herzner
  • Published: March 16, 2022

For a first-time offender, if this is your first OVI, first ever in your life, or if it’s a first in ten years, the mandatory minimum for a low-tier test is three days and jail. They consider jail time, but most of the time, a person never does it in jail; they do it in a Driver’s Intervention Program or a Residential Driver’s Intervention Program instead of jail. But the judge could technically send you up to 180 days in jail, yet I’ve never seen that happen for a first-time offender. The overwhelming majority of the time, you get the mandatory minimum, again, unless there’s something egregious about the case. For a low-tier or an A1A case, you’re looking at a mandatory minimum of three days and a driver’s intervention…Read More

after someone is arrested and charged.
  • By: Shane Herzner
  • Published: March 12, 2022

If it's a first offense, the chances are excellent that they'll be released that night. If you are able to find someone to pick you up, the officers will generally release you to a sober person. However, if a person has prior convictions or if they are belligerent with the officers, the officers have the discretion to arrest the person and have them processed to jail. If the person is process in jail, they will have an arraignment at the next available court date, in order for a bond to be set. It's essential as far as the next steps getting in contact with an attorney as soon as possible so that that attorney can put that court case on their calendar. It's not uncommon for me to get a…Read More

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