I was recently charged with an Ohio OVI. I was very polite to the officer and did all the field tests and answered all his questions. Once I was arrested i asked to speak with my attorney. I refused the breathalyzer test at the advise of my attorney and due to this my ticket has and additional charge of "2nd OVI it 20 years".
12 years ago i was charged and convicted of an "underage OVI" in the state of Kentucky. It was definitely a conviction as Underage because i blew a .02 on the BAC.
My question is....Can Ohio use this underage OVI as part of their 20 year look back? Under Kentucky Law if i would have been pulled over for OVI they cannot consider a 12 year old underage OVI and charge me as it's my 2nd. They have a 5 year look back and specifically state Underage OVI cannot affect a first time adult OVI. Under Ohio Law an underage OVI can be considered as my 2nd OVI in 20 years. Ohio Law says that i would have to be charged with OVI or Underage OVI as stated in Ohio Revised Code (which i never was 12 years ago) or a charge "Substantially Equivalent" to the Ohio Revised Code OVI law.
I understand that the Ohio and Kentucky underage OVI charge is basically equivalent.........but in my circumstance the underage OVI is being held over me as my 2nd OVI and drastically NOT equivalent to how Kentucky law would view it.
Does anyone know of any other situations like this? And how the Court views this type of scenario?
Thanks!
12 years ago i was charged and convicted of an "underage OVI" in the state of Kentucky. It was definitely a conviction as Underage because i blew a .02 on the BAC.
My question is....Can Ohio use this underage OVI as part of their 20 year look back? Under Kentucky Law if i would have been pulled over for OVI they cannot consider a 12 year old underage OVI and charge me as it's my 2nd. They have a 5 year look back and specifically state Underage OVI cannot affect a first time adult OVI. Under Ohio Law an underage OVI can be considered as my 2nd OVI in 20 years. Ohio Law says that i would have to be charged with OVI or Underage OVI as stated in Ohio Revised Code (which i never was 12 years ago) or a charge "Substantially Equivalent" to the Ohio Revised Code OVI law.
I understand that the Ohio and Kentucky underage OVI charge is basically equivalent.........but in my circumstance the underage OVI is being held over me as my 2nd OVI and drastically NOT equivalent to how Kentucky law would view it.
Does anyone know of any other situations like this? And how the Court views this type of scenario?
Thanks!
