Ohio's College Students Are Some of
My Favorite Clients.

Unfortunately, They Face More
Serious Consequences Than
Most DUI/OVI Defendants.

Virtually All Ohio Colleges and
Universities Have the Power to Discipline
Their Students For a DUI/OVI.

Above and Beyond Any Punishment
Imposed by the Court.

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DUI & Wright State Students

Wright State DUI Lawyer who Focuses on College Students

When Wright State students are charged with a DUI, it’s important that they discuss their case with a Wright State DUI lawyer before going to court. Unfortunately, students who attend Wright State or other Ohio universities sometimes go to their first hearing in Fairborn Municipal Court without contacting a Wright State DUI lawyer or talking to their parents. These students sometimes plead guilty to the charges against them, having decided that the punishment doesn’t sound too bad, and not wanting to delay the process or spend money on an attorney.  It’s unfortunate because these students probably don’t fully comprehend all the consequences of a DUI conviction.

If a Wright State student pleads guilty to DUI in Fairborn Municipal Court, they face a number of penalties as part of the court’s sentence: (1) mandatory jail sentence at the Greene County Jail or a Fairborn Jail for at least 3 days up to a maximum of 180 days; (2) a mandatory minimum fine of $375 up to $1075 plus other financial sanctions like court costs, costs of the prosecution, and supervision fees; (3) substance abuse treatment at a Wright State DUI treatment facility, Weekend Intervention Program (WIP) or another drug and alcohol treatment facility in Fairborn, Ohio; (4) a mandatory driver license suspension up to three years on a first offense; (5) probation with the Fairborn Municipal Court or one of the other Fairborn area DUI Courts; and (6) installation of yellow DUI license plates on the student’s vehicle that signifies a DUI conviction; and (7) installation of an alcohol breath testing device, called an ignition interlock, on the student’s vehicle.

These are the standard consequences associated with an Ohio DUI conviction and can be imposed on anyone who takes responsibility by pleading guilty to a DUI in Fairborn Municipal court. The court informs every DUI defendant of the potential penalties before a plea, however, Wright State students who retain an experienced Wright State DUI lawyer can usually avoid most of these penalties. While retaining a Wright State DUI lawyer is no guarantee of success, a good defense lawyer can often convince the prosecuting attorney to dismiss the DUI charge by agreeing to a low level charge like reckless operation or physical control. These charges don’t carry the mandatory penalties that are associated with a Fairborn DUI conviction.

A Wright State student who is convicted of DUI will also face a number of ancillary consequences as well, in addition to the sentence imposed in the Fairborn Municipal Court case.  A Wright State DUI lawyer can can explain many of the ancillary consequences of a DUI conviction and the impact they can have on the student’s life. For example, Ohio law does not permit a drinking and driving conviction to be sealed or expunged. That is unfortunate and somewhat unfrair, because most criminal offenses committed in Ohio, even felonies, can be sealed and expunged. But not DUI convictions. That means a drinking and driving conviction will stay on the student’s criminal record for the rest of their life.  A knowledgeable Wright State DUI lawyer understands that and works the case accordingly.

In addition, a DUI conviction can have an impact on a Wright State student’s ability to get a good job upon graduation from college. It’s not uncommon for employers to do background checks on potential employees and it’s not uncommon for employers to deny employment to graduates with a criminal record.  This is one of the reasons that the primary goal for a good Wright State DUI lawyer is to get the DUI dismissed or reduced.  Another example of an ancillary consequence associated with a Fairborn DUI conviction is the probability of increased costs for car insurance. While every insurance company is different, they will often raise a student’s insurance rates for a student DUI conviction, and sometimes, cancel the policy all together. Wright State DUI lawyers can educate their clients about these and other lesser known consequences of a Wright State student DUI conviction.

An additional ancillary consequence of a Fairborn DUI conviction is the six points that will be placed on the student driver’s record. Six additional points may trigger a second license suspension, separate and apart from the Fairborn DUI suspension, if the student already has points on their license. On the other hand, a Wright State DUI lawyer knows that a reduced charge of physical control brings no points and can work the case toward that resolution if points are an issue. Finally, if a DUI convict is ever convicted of a second DUI in the future, the penalties are much more serious. A Wright State DUI lawyer can educate you on the exact penalties for each subsequent student DUI offense, however, there is additional mandatory jail time, higher mandatory fines, lengthier mandatory license suspensions, and even the possibility of prison time for Wright State student with a number of DUI convictions.

More immediate trouble looms for Wright State students who are charged with a criminal charge like DUI because of Wright State’s code of student conduct.  Wright State University has the power to bring a disciplinary complaint against Wright State students charged with drinking and driving by charging them with a violation of the code of student conduct. Potential penalties can include probation, suspension and even expulsion, the most serious penalty in the Wright State disciplinary process. This is yet another reason why Wright State students charged with drinking and driving are best served by full consultation with a top Wright State DUI Lawyer.

Depending on the particular facts of the Wright State student’s DUI case, there are many defense strategies that a Wright State DUI lawyer can use to get the best outcome for their student clients. If you are a Wright State student with a student DUI case, you should consider talking to a top Wright State DUI lawyer to see if he can get the case dismissed or reduced to a minor traffic violation. The serious consequences written about above only apply to drivers who are convicted of a Fairborn DUI.  A top Wright State DUI lawyer can often keep a DUI conviction off of the student’s record through the use of many creative strategies, including some of the following DUI defense techniques.

DUI Defense Strategies for Wright State DUI Lawyers:

Wright State DUI lawyers will evaluate the student’s case to see what DUI defenses would work given the facts and circumstances of the particular case. The first issue a Wright State DUI lawyer will evaluate is the reason for the police-student interaction. Did the Fairborn police officer have evidence that the Wright State student was under the influence, or impaired, before the officer stopped the student?  If the officer didn’t have a legitimate belief that the student was impaired, and evidence to support his belief, a Wright State DUI lawyer should file a motion in an effort to get the DUI case dismissed.

A second issue that Wright State DUI lawyers should examine in student DUI cases is whether the Fairborn police officer obtained evidence to change the initial traffic stop into a DUI case. Typically, Fairborn DUI charges originate with a traffic stop unrelated to drinking and driving, like speeding or failure to use a turn signal. During the initial encounter, rather than simply issue a citation, the Fairborn officer may smell alcohol and decide to commence a DUI investigation. It’s important to understand that Ohio law does not allow Fairborn police to do that unless they can articulate specific evidence that supports their suspicion. Experienced Wright State DUI lawyers will likely file a motion to get the DUI case dismissed if the officer lacked reasonable suspicion to elevate the stop to a DUI investigation.

A third issue for examination that may prove beneficial for Wright State DUI lawyers is whether the Fairborn police officer gave the student driver the field sobriety tests correctly.  Field sobriety testing is very common in Fairborn DUI investigations and it’s not uncommon for Fairborn police officers to make mistakes when they administer these tests. They may fail to instruct the student driver how to take the tests or they may err in scoring the student’s performance.  If the officer’s mistakes are significant enough, a Wright State DUI lawyer should file a motion to get the DUI case dismissed or to prevent the field sobriety tests from coming into the case as evidence against the student driver.

Another example of a DUI defense strategy that top Wright State DUI lawyers should evaluate  is whether the are innocent explanations for the student driver’s poor performance on the field sobriety tests. There are many potential issues that may cause poor performance even when the student driver is sober:

  • The field sobriety tests were performed on uneven, sloped or cracked pavement.
  • The field sobriety tests were performed on a wet, slippery surface.
  • The Wright State student driver was distracted by the lights of oncoming traffic or the cruiser.
  • The Wright State student driver was distracted by students and other people watching.
  • The area was dark and it was difficult for the student driver to see.
  • The field sobriety tests were taken in extremely cold or windy weather.
  • The Wright State student driver was wearing inappropriate shoes during the testing.
  • The Wright State student driver was extremely nervous when he took the test.
  • The Wright State student driver was scared and intimated by an aggressive officer or police dog.

If the sobriety testing was impacted by any of these factors, a Wright State DUI lawyer should file a motion to get the Fairborn DUI charge dismissed or reduced to a lesser offense.

Another DUI defense strategy that is available to Wright State DUI lawyers in cases where the student driver takes a breath test is the inherent margin of error in breath testing devices. When the maintenance and calibration of the breath testing machine is perfect and the breath test is given according to the rules, there remains an inherent error rate in the testing.  Even when everything is perfect. Most experts agree that there is an inherent error rate of about .02 for DUI breath testing. While this inherent error rate isn’t a factor where a student driver has an extremely high breath test, if is close to the legal limit, you have a legitimate reason to get the case dismissed or reduced to a minor traffic violation.  Wright State DUI lawyers should look for this issue in each breath testing case, and when it’s present, file a motion to dismiss the Fairborn DUI charges.

Another DUI defense technique that Wright State DUI lawyers should consider is whether the Fairborn police officer followed the rules when giving the student driver a breath test to determine their blood alcohol content/concentration (BAC). There are many rules and regulations the Fairborn police must follow in administering a breath test to a student driver. In fact, there are hundreds.  For example, the breath testing device used by the Fairborn Police Department must be tested, certified and calibrated regularly. If it’s not, a Wright State DUI lawyer should file a motion to dismiss the DUI charge or a motion to prevent the prosecutor from using the breath test in court. In addition, Ohio law requires breath testing operators to hold valid certifications to operate breath testing machines.  If they don’t, a Wright State DUI lawyer should file a motion in an effort to get the charges dismissed or reduced to a minor traffic violation.

Wright State DUI Lawyer Reviews

Google review for Jeremiah Denslow, Wright State DUI lawyer: “Jeremiah is the go to DUI defense attorney anywhere near Dayton, Cincinnati, or Columbus. If you want results, he’s the guy you should call first.”

Google review for Jeremiah Denslow, Wright State DUI lawyer:  Jeremiah has been great for me. He currently represents me on some fairly serious issues and he’s been able to accomplish everything I’ve asked. He works hard, communicates often and treats me like more than just another client. Obviously, from his reviews here, I’m not the only one who feels this way. If you’re looking for a defense lawyer anywhere in Ohio, give Jeremiah Denslow a try.

Avvo review for Jeremiah Denslow, Wright State DUI lawyer: “Jeremiah is a terrific DUI lawyer. As a former Ohio assistant prosecuting attorney, he has a tremendous amount of experience. I felt confident when I chose him as my DUI lawyer because he was ranked highly online and recognized by Super Lawyers, AVVO and the National Advocacy for DUI Defense. All that, yet he has proven to be better than advertised. I am extremely pleased with my decision to hire him.”

Google review for Jeremiah Denslow, Wright State DUI lawyer: “Jeremiah is a one of a kind attorney. I’d highly recommend him. He has a reputation for helping college students on alcohol related charges. He’s compassionate, educated, and he gets results.”

Google review for Jeremiah Denslow, Wright State DUI lawyer: A year ago I was facing some pretty serious criminal charges. I have to say it was one of the scariest times in my life. I had no idea who to call to represent me. I’ve used some attorneys in the past that I felt just took my money and didn’t really fight for me. I am so glad I made the right call. Jeremiah is very confident and knowledgeable which is so important when selecting an attorney. He has represented me on 3 separate cases and they all had positive outcomes. I highly recommend Jeremiah for any type of case.

Message from Wright State DUI Lawyer, Jeremiah Denslow

JeremiahDenslow2

Hello, my name is Jeremiah Denslow and I’m an Ohio lawyer who focuses on DUI and criminal defense. I am licensed to practice in all courts in the state of Ohio. I travel to colleges like Miami University, Bowling Green, University of Dayton and Wright State representing college students charged with drinking and driving and other criminal offenses. If you are a Wright State student and have a DUI case, you would benefit by talking to a Wright State DUI lawyer. In 2016, I was able to get the majority of the charges against my clients dismissed or reduced. While past success is not a guarantee of future success, and it’s unethical to guarantee results in any individual case, my goal in each case is a dismissal or reduction. I run my practice using a straight forward formula for success: (a) I focus my practice on DUI and criminal defense; (b) I only take cases in Ohio; and (3) I accept a limited number of clients. As you can see, it’s an extremely focused practice with a limited number of cases. This means I have more time and attention to devote to each client.

If you are a Wright State student with a Fairborn DUI case, give me a call. I’m a Wright State DUI lawyer and you can reach me at 937-242-6400 or 1-844-DUI-DUDE.

The Wright State University Student Disciplinary Process

In addition to the regular legal process that plays out in the Fairborn Ohio DUI Municipal Court, or another Fairborn-area DUI Municipal Court, a Wright State student may face discipline from the college as well. Students with DUI cases should consult with a Wright State DUI lawyer if contacted by the university. The Wright State University Student Code of Conduct prohibits many types of student behavior including drug use, hazing, underage consumption of alcohol, public intoxication, DUI, OVI and drinking and driving. Any student found to have committed any illegal conduct, including a Fairborn Ohio DUI, is subject to the Wright State University disciplinary process. The Wright State disciplinary process permits the accused student to seek the assistance of a Wright State DUI lawyer for these proceedings.

The Wright State University Student Disciplinary Process Part 1: Investigation and Violation Notification

Members of the Wright State community may file a report alleging that a student has committed a violation of the Code of Student Conduct, including drinking and driving or student DUI. In addition, the college may receive referrals from outside individuals and entities, including the Fairborn Ohio Police Department, the Greene County Sheriff and other law enforcement agencies who  make referrals for Wright State students caught drinking and driving in Fairborn and other Ohio cities.

Upon receipt of a referral, the college reviews all relevant information and may consult with the appropriate parties regarding the incident in question. The Wright State student will be summoned to appear for a meeting with a university conduct officer. Consultation with a Wright State DUI lawyer should be done before this meeting, because at the conclusion of meeting, the conduct officer may charge the student with a violation or dismiss the complaint entirely. If the Wright State student is charged, the University will schedule a conduct conference at which the student and his Wright State DUI lawyer will attend.

The Wright State University Student Disciplinary Process Part 2: Conduct Conference

This hearing can serve the student in providing an expedited process to get through Wright State’s disciplinary process very quickly. At the initial hearing, the officer will formally notify the Wright State student of the allegation against him and be provided a copy of any reports or statements that were made against him. In the case of a DUI allegation, this may include Fairborn Ohio police reports, Fairborn Ohio DUI reports, field sobriety test results and results from any Fairborn Ohio DUI breath test, DUI blood test or DUI urine test. The accused Wright State student will also be asked to admit or deny the allegations or make a statement concerning the reported violation, but is under no obligation to do so. He may simply request a full trial with the Wright State University Hearing Panel. In either case, a Wright State DUI lawyer can counsel the student on the appropriate actions in defending the case.

If the Wright State student wishes to admit the violation at the recommendation of his Wright State DUI lawyer, the University conduct officer will immediately impose sanctions for nominal offenses. If the Wright State student decides to contest the charges and make a statement and answer questions about the alleged infraction, he can do so. After listening to the Wright State student’s statement and version of the events, as well as arguments by the student’s Wright State DUI lawyer, the University will issue a decision as to whether it believes the student is in violation of the student code of conduct. In addition, the University may issue sanctions at that time as well.

The Wright State University Student Disciplinary Process Part 3: Hearing Panel or Trial

Any Wright State student who denies or challenges an alleged violation of the Code of Student Conduct, including a DUI/OVI offense, can request a hearing panel. Rather than a judge, the University uses a student hearing board to assess the facts and circumstances of the case and determine if a violation of the student code took place.

The standard of evidence at the hearing is a preponderance of the evidence, meaning the Wright State University must prove its case against the student by just fifty-one percent. A Wright State DUI lawyer can explain this in more detail, but that means the college merely has to prove it’s more likely than not that the student misconduct occurred, which is the lowest standard of evidence in American jurisprudence, significantly lower than proof beyond a reasonable doubt, the burden of proof in the Fairborn Ohio Municipal Court DUI case. At the end of the proceedings, the student hearing panel will vote to decide if the student violated the Wright State University Student Code of Conduct.

The accused student may have a Wright State DUI lawyer throughout the hearing, however, the Wright State DUI lawyer’s involvement is limited by the university’s hearing rules and procedures. For example, Wright State University, like many colleges, only permits the Wright State DUI lawyer to counsel the accused student, advise him, give him direction and explain things during the course of the proceedings. In limited circumstances, the Wright State DUI lawyer can advocate on the student’s behalf during proceedings. While the attorney’s role may be limited, it can be very advantageous for a Wright State student to have a lawyer, particularly when the student also has a DUI pending in Fairborn Municipal Court.

One of the most important reasons for having a Wright State DUI lawyer at the hearing is that college students, without professional guidance, often make admissions of illegal behavior at disciplinary hearings, including student DUI, even when they don’t realize the harm it will bring to the litigation. Such statements can then be admitted into a case that is pending in a Fairborn Ohio Municipal Court DUI trial to determine the student’s guilt or innocence. This may lead one to believe that a Wright State University student should never make a statement or answer questions at the hearing. However, it’s not quite that simple because there are times when a Wright State student can help himself substantially by providing his version of events. Only an experienced Wright State DUI lawyer can provide real-time advice on whether the student should make statements, answer questions or remain silent in the trial.

The Wright State University Student Code of Conduct sets forth some other basic rules for the hearing:

  1. Both sides are permitted to make statements, call witnesses to testify and ask questions of the witnesses. A Wright State DUI lawyer can assist in putting together a witness list and preparing the witnesses to testify.
  2. The accused student is allowed to remain silent throughout the proceedings and can choose not to testify or answer questions. This may be beneficial in his Fairborn Municipal Court DUI case but a Wright State DUI lawyer can make the best decision with this issue on a case by case basis.
  3. The prosecution goes first by presenting evidence of the alleged violation, including a Wright State student’s DUI, OVI or drinking and driving charge, and the accused student shall then be given the opportunity to present contradictory evidence.
  4. While a student’s rights are protected at the Fairborn Municipal Court, where the Ohio Rules of Evidence apply, the University disregards them in a disciplinary hearing. That means hearsay and written witness statements are often allowed into evidence.
  5. The student hearing board will not have access to the accused student’s disciplinary records at the time of the trial.
  6. The hearings are generally private, however, upon agreement of the parties, it may be open to the public.

At the conclusion of the trial, the hearing panel will determine whether the accused student is in violation of Wright State University Student Code of Conduct, and if so, what sanctions are appropriate.

The Wright State University Student Disciplinary Process Part 4: Sanctions or Consequences

The Wright State University Code of Student Conduct states that consequences should be commensurate with the violation found to have occurred, including when the violation is related to a student DUI, OVI or drinking and driving offense. Individual circumstances, attitude, and the student’s behavioral history are just a few of the factors the college will consider when imposing sanctions. It also considers the harm to other students and the college community as a whole. Thus, a second student DUI offense, or third student DUI offense, is likely to be punished more severely than a first student DUI. A Wright State DUI lawyer is important at this stage in the proceeding because he will be able to put together appropriate recommendations for sanctions. Possible sanctions for any student violation include:

Wright State University Written Warning

This is an official written notice from Wright State University expressing disapproval of a student’s actions. The warning also provides notification that any future violation will be dealt with more severely.

Wright State University Parental Notification

This form of sanction is basically a letter or phone call notifying a parent that a Wright State student who is under 21 years of age has committed a violation of law or university policy pertaining to alcohol or drugs, like a DUI, OVI or drinking and driving offense.

Wright State University Fines

Wright State University imposes mandatory financial sanctions on any student in violation of the student code of conduct.

Wright State University Restriction or Loss of Privileges

Wright State University can deny a student specific privileges for a designated period of time. This may be associated with loss of student housing, academic programs or extracurricular activities.

Wright State University Educational Sanctions

This type of punishment focuses on educational opportunities for the Wright State student, including workshops, events, research papers, meetings, counseling sessions, or activities related to the violation. Some terms of intervention may be to complete Fairborn Ohio DUI educational classes, substance abuse treatment at a Fairborn Ohio DUI treatment facility or community service. This particular sanction is designed to assist the student in learning more about how his behavior impacted himself and the community.

Wright State University Probation

Probation is considered as a trial period that is imposed for a specific period of time and includes the likelihood of more severe disciplinary sanctions if the Wright State student violates the student code while serving probation. If a student is put on Wright State University probation, it may affect his ability to participate in athletics, serve in student organizations, be inducted into a fraternity or sorority, or act as a representative of Wright State. It may even cause the student problems with his financial aid package. Some terms of probation may be to complete Fairborn Ohio DUI educational classes, substance abuse treatment at a Fairborn Ohio fDUI treatment facility or community service.

Wright State University Restitution

This sanction is considered payment for loss, damage, or injury caused to the school or another person. Payment may take the form of direct payment or material replacement, and sometimes, community service. For example, if a student causes property damage while committing a DUI and getting into a traffic accident in Fairborn OHio, as part of his sanctions, he may be required to perform community service for the university instead of paying for the damage.

Deferred Suspension

This sanction is a suspension that is delayed pending specific performance of certain University terms. A set period of observation and review occurs during a deferred suspension. Some terms of deferred suspension may be to complete Fairborn or Dayton DUI educational classes, substance abuse treatment at a Fairborn or Dayton DUI treatment facility or community service. If a student is found in violation for a second offense, including a Fairborn Ohio DUI, during his deferred suspension, the suspension will be imposed immediately without an opportunity to appeal.

Wright State University Suspension

This is a very serious sanction and involves the separation of a student from Wright State for a specified period of time, after which the student is eligible to return. A Wright State suspension is a complete separation from all University activities including classes, events, services, facilities, grounds and campus property. Conditions for readmission are often required by the University and may include Fairborn Ohio DUI educational classes, substance abuse treatment at a Fairborn Ohio DUI treatment facility or community service.

Wright State University Expulsion

This is the most severe sanction that Wright State can impose on a student. When a student is expelled, he is permanently separated from the University and is not permitted to return. Expulsion pertains to all activities, facilities, services, college grounds, and precludes future enrollment in the Wright State’s undergraduate, graduate, and professional schools.

Wright State University Students Can Appeal the University’s Decision and Sanction

A Wright State student found in violation of the code by any means, including a DUI, OVI or drinking and driving offense, has the right to appeal the decision and sanction with or without the assistance of a Wright State DUI lawyer. However, the Student Code of Conduct strictly limits a student’s appeal to the following grounds:

  • To ascertain whether there was a misapplication or misinterpretation of the rule in question or to determine whether a significant procedural error occurred at the hearing that was materially prejudicial to the student.
  • To determine if the sanction imposed was extremely harsh given the facts and circumstances surrounding the infraction.
  • There is new evidence, information or witnesses that were not available at the time of the student’s original hearing and which appears favorable to the student.

Unlike most colleges in Ohio, Wright State University offers an opportunity for its student to engage in an oral argument in the appeals process. Oral argument is a chance for the student to participate in the appeal but is only allowed at the discretion of the university appeals panel.

After reviewing the appeal, as well as any additional documentation submitted by the student, the Wright State appeals panel will take one the following actions:

  • The appeals panel may deny the appeal and the original decision will be upheld.
  • The appeals panel may reverse the finding of guilt and sanctions and dismiss the case.
  • The appeals panel may modify the decision by increasing or reducing the sanctions.
  • The appeals panel may remand the case for a new hearing.

Other Ohio Colleges and Universities

If you attend college anywhere in Ohio, please click on the link to review your university’s procedures as they relate to student DUI, underage alcohol consumption and other criminal offenses. Jeremiah Denslow is a Wright State DUI lawyer who represents Wright State students and other college students throughout the state of Ohio, including the following universities:

Common Mistakes in Ohio DUI/OVI Investigations

No Fairborn Ohio DUI/OVI/drinking and driving arrest is perfect and the best Wright State DUI lawyers knows this. Most Fairborn Ohio DUI/OVI investigations include a number of witnesses, including police officers and the personnel who collect, store and test chemical samples.  These witnesses are human and they make mistakes. Further, most Fairborn DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current Fairborn Ohio DUI/OVI regulations.

Do You Want Award-Winning Ohio DUI/OVI Representation?

There are over 1 million laws in the United States. I am a Wright State DUI lawyer who devotes his entire practice to just a few–DUI and criminal defense. Because of my experience and concentrated focus, I know the Fairborn Ohio DUI/OVI laws better than most attorneys in the state. I am passionate about Fairborn Ohio DUI/OVI defense and I get results, however, I only accept a limited number of clients. If you’re serious about your case and want a Wright State DUI lawyer on your team, call me, the Ohio DUI Dude at 937-242-6400 or 1-844-DUI-DUDE.

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