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derenda · May 9, 2009, 06:33 AM

I was arrested this weekend for ovi and child safety seat I wanted to know what is the difference between ovi and dui and dus. Also can I be charged with child indangering if it was not put on the ticket I was giving or am I only being charged with the two offense that I mention

tickle · May 9, 2009, 07:30 AM

OVI, or driving while intoxicated, DUI, or driving under the influence and DUS, drivng while under suspension.

Let me get this straight, you were driving intoxicated, with your child in the car with you and not in a child safety seat ? Right ?

If child endangerment was not on the ticket, it should have been. It was certainly child endangerment if you had your child with you while driving drunk.

What State are your from ?

I hope they throw the book at you.

Tick

Fr_Chuck · May 9, 2009, 07:34 AM

Yes the DA can add the charge latter if they want to.
Also family and children services can come in with their own investigations also.

The difference is in the state you live in ( if in the US) and the specific way the laws are written, some states don't have some names, So it is a matter of definition within your state law and how appeal courts have ruled on those laws.

But yes, in my book you would have been charged, but some states may require a grand jury to file that charge, while the officer can do the traffic tickets.

derenda · May 9, 2009, 07:35 AM

Well the ticket is for someone else and it was in Ohio

derenda · May 9, 2009, 08:24 AM

She just was charged didn't sit in jail and which is the most serious offense ovi dui or dus

Zazonker · May 9, 2009, 09:00 AM

Avoid testifying in court if at all possible. You will alienate any jury with your double talk. If you really would like someone here to be able to help you, tell us the real situation and try to write in sentences so we can understand what you are saying.

There are a lot of people here who would love to help you, but you need to do your part first by accurately describing your problem.

derenda · May 9, 2009, 12:15 PM

OK she was driving home on the freeway and she was pulled over for swaring lanes and she was drinking yes they had her do a breathe test and she was over the limit her kids were in the car the state parole give her a ticket for ovi and child safety seats and swearing lanes and she has never been in trouble so what can she expect when she goes to court

rainacidbeer · May 9, 2009, 12:31 PM

The 1st step is to call a lawyer asap,I got this information from another site.You want to act quickly to help yourself with the court and also to save your license.

OVI Arrests in Ohio

If you are arrested for OVI in Ohio, you will face two cases: a court case and an administrative case in the Ohio Bureau of Motor Vehicles. At the Ohio Bureau of Motor Vehicles case you will be at risk for losing your license and the ability to drive. This suspension can be contested, protecting your right to drive while you are in court defending your case. However, you have a limited amount of time wherein you can appeal this automatic suspension, so it is important to contact an attorney to help you with your Ohio OVI case as soon as you are arrested.
Basic Consequences for First Time Offenders

The circumstances surrounding your OVI arrest will determine the extent of your consequences. However, these are the typical consequences you will face when you are arrested for your first Ohio OVI:

* Jail time of at least 3 days or a 3-day intervention program
* Fines between $200 and $1,000
* Possible impounding of license plates
* Possible immobilization or seizure of vehicle

If you are facing a second or third arrest, you will have even stricter consequences.

Sunflowers · May 9, 2009, 01:48 PM

Originally Posted by rainacidbeer

The 1st step is to call a lawyer asap,I got this information from another site.You want to act quickly to help yourself with the court and also to save your license.

OVI Arrests in Ohio

If you are arrested for OVI in Ohio, you will face two cases: a court case and an administrative case in the Ohio Bureau of Motor Vehicles. At the Ohio Bureau of Motor Vehicles case you will be at risk for losing your license and the ability to drive. This suspension can be contested, protecting your right to drive while you are in court defending your case. However, you have a limited amount of time wherein you can appeal this automatic suspension, so it is important to contact an attorney to help you with your Ohio OVI case as soon as you are arrested.
Basic Consequences for First Time Offenders

The circumstances surrounding your OVI arrest will determine the extent of your consequences. However, these are the typical consequences you will face when you are arrested for your first Ohio OVI:

* Jail time of at least 3 days or a 3-day intervention program
* Fines between $200 and $1,000
* Possible impounding of license plates
* Possible immobilization or seizure of vehicle

If you are facing a second or third arrest, you will have even stricter consequences.

And don't be surprised if you get a visit from Children's Protective Services as well. Call a lawyer Monday!

tickle · May 9, 2009, 01:52 PM

In Ontario there is zero tolerance for this type of behavior, and thank god for it. Driver's license is taken away on the spot (you leave in the police cruiser and your car is towed).

artlady · May 9, 2009, 02:03 PM

Originally Posted by derenda

ok she was driving home on the freeway and she was pulled over for swaring lanes and she was drinking yes they had her do a breathe test and she was over the limit her kids were in the car the state parole give her a ticket for ovi and child saftey seats and swearing lanes and she has never been in trouble so what can she expect when she goes to court

She can expect that the judge will read her the riot act and I have every faith that the judge will also use every means at his disposal to see to it that this never happens again.That means prosecuting her to the fullest extent of the law.Driving drunk is bad enough,driving drunk with children is outrageous!

Zazonker · May 9, 2009, 02:06 PM

I did a quick search of the applicable Ohio laws on child endangerment just to let you know what she may be looking at (before seeing and attorney). This would be in addition to the OVI.

The child seat law itself carries a fine of up to $100 - that would be if nothing else happened.

Child endangerment due to driving a vehicle under the influence of a controlled substance, when the child was not injurred is a 1st degree misdemeanor. That carries a jail term up to 6 months and a fine up to $1,000.

On her license, just my opinion, so take it for what it is worth. Between the administrative action and the criminal action, I don't think there is an issue of "saving her license". I think it's gone and the only question is for how long.

Opinion. Driving drunk is a terrible thing. Drunk drivers have ruined the lives of many people. Those who do should be appropriately punished. But, the pendulum has swung too far. Penalties in most states will now totally destroy the life of a convicted drunk driver -- even if he has done no harm to anyone or anything. The penalty should fit the crime. People should not be punished based on what might of happened.

tickle · May 9, 2009, 04:03 PM

Originally Posted by Zazonker

. The penalty should fit the crime. People should not be punished based on what might of happened.

I don't agree with your opinion. The fact is anything can happen and does happen that is why Ontario has a zero tolerance law for people who drink and drive. In fact, new law in Ontario started last Friday, whereby, if you are stopped FOR ANYTHING and the officer even gets a hint that you have been drinking (and driving) then he has been given the right to detain the driver. I think this is fair punishment when it has been proven that even one glass of wine, one beer, is enough to impair driving skills. Too many innocent people have been killed on the roads by DUIs.

Tick

tickle · May 9, 2009, 04:05 PM

Originally Posted by Zazonker

. The penalty should fit the crime. People should not be punished based on what might of happened.

I don't agree with your opinion. The fact is anything can happen and does happen that is why Ontario has a zero tolerance law for people who drink and drive. In fact, new law in Ontario started last Friday, whereby, if you are stopped FOR ANYTHING and the officer even gets a hint that you have been drinking (and driving) then he has been given the right to detain the driver. I think this is fair punishment when it has been proven that even one glass of wine, one beer, is enough to impair driving skills. Too many innocent people have been killed on the roads by DUIs.

What gives anyone the right o get behind the wheel and drive impaired?

Tick

Zazonker · May 9, 2009, 04:46 PM

Tickle, I certainly respect your opinion; I just respectfully disagree with it as two responsible persons can.

Here's one example of why I feel as I do (my own story). I was hit broadside (in a Porsche 911) by a 15 passenger van. The driver was speeding, driving recklessly and ran a red light to hit me, causing my car to impact two others. There were witnesses who verified that he had run the light. I had 3 surgeries and spent 18 months in recovery. It left me permanently disabled (but I am able to get around pretty good now). On a lighter note, I like the blue handicap placard for convenient parking.

The driver was NOT drinking. He was sober. He was not charged with any violation. Had he been drinking, they would have thrown the book at him. To me, sober and causing great damage is worse than drinking and causing none. I know in today's world I'm in the minority for feeling that way.

I do feel that drunk drivers who do no damage should be penalized and penalized severely for violating the law. I just believe that the penalties in most states are more severe than the crime warrants. I don't expect you to agree with me; everyone has a right to their own opinion. By the way, I do drink alcoholic beverages, but I never drive after drinking, even if I've had only one.

artlady · May 9, 2009, 06:14 PM

Originally Posted by Zazonker

Tickle, I certainly respect your opinion; I just respectfully disagree with it as two responsible persons can.

Here's one example of why I feel as I do (my own story). I was hit broadside (in a Porsche 911) by a 15 passenger van. The driver was speeding, driving recklessly and ran a red light to hit me, causing my car to impact two others. There were witnesses who verified that he had run the light. I had 3 surgeries and spent 18 months in recovery. It left me permanently disabled (but I am able to get around pretty good now). On a lighter note, I like the blue handicap placard for convenient parking.

The driver was NOT drinking. He was sober. He was not charged with any violation. Had he been drinking, they would have thrown the book at him. To me, sober and causing great damage is worse than drinking and causing none. I know in today's world I'm in the minority for feeling that way.

I do feel that drunk drivers who do no damage should be penalized and penalized severely for violating the law. I just believe that the penalties in most states are more severe than the crime warrants. I don't expect you to agree with me; everyone has a right to their own opinion. By the way, I do drink alcoholic beverages, but I never drive after drinking, even if I've had only one.

I understand that it is more feasible to grasp the horror of a drunk driver who kills someone as opposed to the sober idiot who does it but its still begs the question ,WHY?

I am walking home from the store the other day,and this fool woman is texting and almost ran me over.I am facing traffic and always aware.She nearly went up on a curb and I yelled *Whoa* and she came out of her texting coma long enough to break and said *oh my goodness,I have to stop texting and driving,ha ha ha *

New bumper sticker.. can you drive any better if I shove that cell phone us your a$$?

I am sorry for your horrible experience and I hope you have continued recovery and good health.

Zazonker · May 9, 2009, 06:43 PM

artlady. Yes, you have some excellent points in your post. While I was tempted to comment farther seeing that we are having an intelligent discussion on the topic, I just realized we've sort of hijacked this thread, so I won't say anything farther at this point.

Thank you for the kind comments. I have put the incident (my accident) behind me and really don't even think about it unless something else triggers it in my memory.

Have a good one!

JoeCanada76 · May 9, 2009, 07:09 PM

Originally Posted by derenda

I was arrested this weekend for ovi and child saftey seat I wanted to know what is the difference between ovi and dui and dus. Also can I be charged with child indangering if it was not put on the ticket i was giving or am i only being charged with the two offense that i mention

Which is it yourself? Or somebody else?