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Hoping for Help

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by TylerGawronski19, Dec 19, 2018.

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  1. TylerGawronski19

    TylerGawronski19 Law Topic Starter New Member

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    Jurisdiction:
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    Just hoping for help. Mom was pulled over for not using a turn signal, cop did a breathalyzer test and found she was .008% over the legal limit. Did 72hr AA driver invervention as ordered by court. Plead guilty to not using her turn signal and had dui charge dropped. Mom has no criminal and maybe 1 speeding ticket. She got license suspended for 1 year and probation for 2 years. Judge was bias against her from start and treated her significantly worse than other defendants. Gave single time offender maximum penalty. Is there anything we can do to change the sentence? Any help would be appreciated.
     
  2. Highwayman

    Highwayman Well-Known Member

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    It's too late now. Your mother was foolish if she didn't have an attorney. Very foolish.

    If she did, in fact, have one, the questions need to be directed at the attorney.

    Maybe you should be more concerned with the fact that your mother may have a drinking problem and was operating a motor vehicle while intoxicated.

    Having the DUI dismissed was a large gift.
     
  3. army judge

    army judge Super Moderator

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    The potential penalties you could face on a first DUI charge in Ohio depends on whether you took a breath or other chemical test and whether you blew above or below a certain breath alcohol threshold.

    The following applies to 1st time DUI offenders:

    The potential penalties you could face on a first DUI charge in Ohio depends on whether you took a breath or other chemical test and whether you blew above or below a certain breath alcohol threshold.

    “Low Test” OVI

    If you were arrested for an OVI, opted to take a breath test, and blew below a .17, you would likely be charged with a "low test" or "per se" OVI. The potential penalties for a "low test" or "low tier" OVI include:


    (1) 3 days to 6 months in jail: Often, if the minimum penalty is imposed, this mandatory jail time can be served in a certified driver intervention program.



    (2) Six month to three year license suspension: After a certain period of time has passed, the judge might be willing to grant limited driving privileges for work and/or school.



    (3) Fines: $375 to $1075.



    It appears your mother was treated as specified by Ohio law.



    The information on this website explains DUI convictions to you.

    https://www.hg.org/legal-articles/w...or-a-first-offense-dui-in-columbus-ohio-34388
     
  4. mightymoose

    mightymoose Well-Known Member

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    If she got the DUI dismissed she did not get anything close to maximum penalty.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    I hope not. Your Mom got exactly what she deserved for drinking and driving.

    Get her into a program instead of bashing the judge.
     
  6. TylerGawronski19

    TylerGawronski19 Law Topic Starter New Member

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    She hardly ever drinks. It gives her headaches. She had 2 beers and their DD got hammered. She wanted to call an Uber but they refused to go with her and she didnt want them driving. She offered to drive, but she is 5’2 so lower amounts of alc with raise her BAC higher than it will to a bigger person. She wasn’t able to do physical tests because she physically has ruined knees and can’t balance herself on one leg anyways. She has an attorney and he is just as blown away as we are. I’m trying to go to more than just him for help. And don’t ever assume someone has a drinking problem, I asked you about the case, not my mother’s personal life, but on that note, she hardly ever drinks anymore, she drinks more tea than anything, and she keeps her life on as straight of a line as she can. Alcohol has never been a part of her life, but it sure has raped her as much as it could legally. It’s torn her life to shreads, and I am trying to ask people if there is anything we can do. Thank you for calling us stupid, hope you have a good holiday.
     
  7. TylerGawronski19

    TylerGawronski19 Law Topic Starter New Member

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    It was maximum penalty for not using her turn signal. 1 year suspension and 2 years probation for not using a turn signal is the maximum penalty allowed by law.
     
  8. TylerGawronski19

    TylerGawronski19 Law Topic Starter New Member

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    I appreciate the info, but she received the charge for not using her turn signal, not for the dui. It was a 1 year suspension and 2 years probation for not using her turn signal.
     
  9. army judge

    army judge Super Moderator

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    Our work is done.

    If your mother dislikes the penalty pursuant to the plea deal she agreed to, there's nothing she can do about it.

    Live and learn, thread closed.
     

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