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blackshield · Jan 26, 2009, 08:30 PM

Hello,

My friend was arrested this past weekend for a dui. He blew a .095. This is his first dui charge, however he already has 8 points on his license for other traffic violations such as speeding. In Ohio, a dui charge is 6 points. 12 points on his license and his license is suspended for a year. Is there any way to lessen his suspension? Will he be able to get driving privilidges for work? For school? Thank you for your help.

excon · Jan 27, 2009, 06:07 AM

Originally Posted by blackshield

will he be able to get driving privilidges for work? For school?

Hello black:

The DO have special use drivers licenses. MAYBE he can qualify. I should say that I don't know if ALL jurisdictions allow this.

excon

JudyKayTee · Jan 27, 2009, 06:32 AM

Originally Posted by blackshield

Hello,

my friend was arrested this past weekend for a dui. he blew a .095. This is his first dui charge, however he already has 8 points on his license for other traffic violations such as speeding. In Ohio, a dui charge is 6 points. 12 points on his license and his license is suspended for a year. is there any way to lessen his suspention? will he be able to get driving privilidges for work? For school? thank you for your help.

It all depends on the Judge, the DA and your friend's ATTORNEY - he would be foolish, indeed, to proceed without an Attorney. If you use the search feature here you will see that Ohio is tough and will be even tougher because he already has 12 points from other traffic violations. If he consistently receives citations there is a good chance he will be suspended for a period, without privileges. Ohio is - in my opinion - going to attempt to teach him a lesson.

blackshield · Jan 27, 2009, 07:35 AM

He plans on using a public defense attorney because he says he can't afford an attorney.

By law he should loose his license for a year. Can he negotiate losing his license for that length of time by say, paying a larger fine or doing community service?

JudyKayTee · Jan 27, 2009, 07:42 AM

Originally Posted by blackshield

He plans on using a public defense attorney because he says he can't afford an attorney.

By law he should loose his license for a year. Can he negotiate losing his license for that length of time by say, paying a larger fine or doing community service?

He doesn't get an opportunity to negotiate - his PD will do it all on his behalf, attempt to get the "best" sentence for your friend.

The Court in my area doesn't negotiate a drivers license for fines or community service and takes the position that a dangerous driver is just that (a dangerous driver) and should be off the street.

But the PD will be able to advise your friend of all his options. Hopefully the Court will consider this a lesson learned for him and he will either keep his license or it will simply be restricted. He will be advised, of course, that there will be no next time - next time his license is simply gone.

blackshield · Jan 27, 2009, 07:49 AM

His license has already been taken from him.

I ask these questions because I got a dui myself last fall. I blew higher than my friend, but I had no points on my license. My dui was the first time I was in trouble with the law. I received a six month suspension, the driver intervention program at the hotel and fines.

My friend insists that his public defender can "negotiate" with the judge to keep his license from being suspended for a year.

I just never heard of this before and wondered if this had happened to anyone else to avoid getting their license suspended for a year.

twinkiedooter · Jan 27, 2009, 05:22 PM

I worked for a criminal attorney in Ohio. Chances are pretty good that if he's using a PD, he's not going to be getting less than a year's suspension on the license. I don't think you can just pay a higher fine either to get a reduction.

Suggest he start looking at car pools.

blackshield · Jan 30, 2009, 11:13 AM

My friend went to court on Wednesday. With no attorney he went in front of the judge to plea. He pleaded no contest. The judge told him that if he pleaded no contest then he would have to go to jail right away. He asked my friend if he was ready to go to jail right away. My friend said no. Then my friend asked the judge what he needed to plea to keep from going to jail. He told him "not guilty." He did, they gave him a form to fill out and gave him the name and number of a public defense attorney.

Since my friend pleaded not guilty, doesn't this mean he has to go in front of a jury now?

Can his attorney change his plea? If so, does he have to go to jail right away?

Fr_Chuck · Jan 30, 2009, 11:19 AM

First what in the world a No contest, was there a accident for the use of this case in a civil trial? OR was he watching too much Law TV.

But this was a first appearance, if he pleads guilty ( he gets sentenced right then and there)

If he pleads not guilty he goes to a trail, it may be a jury trial, or it may be a trial with just a judge. That is his choice.

Note, it sounds like this judge is also considering making him service Jail time for the offense, in some state there are mandated jail time for DUI offenses.

He needs an attorney, and it would be a lot better not to have a PD.

The losing his license for a year is not part of the court, it is a admin issue with the DMV I believe ( in many states) so any conviction automatically goes to DMV for suspension.
And that is just for the DUI, the points will be an additional issue.

He will really need a good attorney to try and get found not guilty