DUI & Kent State Students

Kent State DUI Lawyer with a Focus on Kent College Students

Kent State students who have student DUI charges should discuss their case with a Kent State DUI lawyer before going to court. Unfortunately, Kent State students sometimes go to their first hearing in Portage County Municipal Court or Kent DUI Municipal Court without talking to their parents about their case or contacting a Kent State DUI lawyer. These students sometimes plead guilty to all charges against them and accept the sentence the judge gives them.  This is an unfortunate way to handle a DUI case because these students rarely understand the serious consequences associated with a student DUI.

If a Kent State student pleads to DUI in Portage County Municipal Court or Kent DUI Municipal Court, they face a number of penalties: (a) Portage County Jail sentence anywhere from three days to six months, mandatory, even on a first offense; (b) a monetary fine anywhere from $375 to $1075, mandatory, plus court costs and other fees; (c) Kent DUI treatment assessment for drug and alcohol abuse and possibility of an in-patient Driver Intervention Program (DIP); (d) a license suspension that lasts from six months to three years, mandatory, even on a first offense; (e) probation with the Portage County Municipal Court or Kent DUI Municipal Court that can include things like substance abuse treatment, community service and regular meetings with a probation officer; (f) installation of yellow DUI license plates on the student’s vehicle; and (g) installation of an ignition interlock device on the student’s vehicle. 

The aforementioned penalties associated with a DUI offense are codified in the Ohio Revised Code and can be imposed on anyone in Portage County Municipal Court or Kent DUI Municipal Court. As standard operating procedure, the court informs every DUI student defendant of potential sanctions before a plea, however, Kent State students who are represented by a good Kent State DUI lawyer can usually avoid most of them. A Kent State DUI lawyer is no guarantee of success, however, it’s not uncommon for lawyers to get a DUI charge dismissed or reduced to a minor traffic violation like physical control reckless operation. These charges don’t carry the mandatory penalties that are imposed on a Kent student DUI conviction. Maybe more importantly, the lower level offenses don’t have the collateral consequences associated with them like a DUI conviction does.

Collateral Consequences For Kent State DUI Lawyer to Consider

A Kent State student who is convicted of student DUI will be stuck dealing with a number of collateral consequences, in addition to the DUI sentence imposed by the judge in Portage County Municipal Court or Kent DUI Municipal Court.  A Kent State DUI lawyer can provide information on the collateral consequences of a Kent DUI conviction and the negative impact these consequences can have on a student’s life. Not only the short-term consequences, but the long-term consequences as well. For example, Ohio law does not permit DUI  convictions to be expunged from the Kent State student’s record. Considering that most criminal offenses committed in Ohio, even felonies, can be sealed and expunged, this seems like an unfair collateral consequence of a student DUI. That means a Kent DUI conviction will stay on the student’s criminal record for the rest of their life.  For this reason alone, the most important goal for the top Kent State DUI lawyers is to get the DUI charge dismissed or reduced to a minor charge.

There are other collateral consequence associated with a Kent State DUI conviction, such as the student’s potential difficult in finding employment after graduation. It’s not uncommon for businesses and governmental agencies to do background checks on students when they graduate from college and apply for a job. For some businesses and governmental agencies, a criminal record will automatically disqualify a Kent State student from getting a job. For others, a criminal record won’t act as an absolute bar for the student applicant, however, it’ll give other student applicants an advantage, particularly if the students are otherwise on an even-playing field. This is another reason that the primary goal for top Kent State DUI lawyers is to get the DUI charge dismissed or reduced.

Another collateral consequence associated with a Kent DUI conviction is increased costs for automobile insurance. While every insurance company licensed in Ohio is different, most companies increase insurance rates for a student’s who are convicted of drinking and driving. Sometime, the insurance company will cancel the policy all together or require to student to obtain an SR 22 bond. Kent State DUI lawyers can educate DUI clients, and their parents, about these and other lesser known consequences of a Kent State student DUI conviction. One other collateral consequence of a student DUI conviction is the student’s driving record. The Ohio Bureau of Motor Vehicles will assess six points on a Kent State student who gets convicted of DUI. The additional points may trigger another driver license suspension, separate and apart from the Portage County Municipal Court or Kent Municipal Court DUI suspension, if the student has already accumulated points on their license. If the Kent State student already has points on their license, they should discuss it with a Kent State DUI lawyers so the lawyer can set his goals accordingly. For example, a physical control charge doesn’t have any BMV points associated with it so that would be a better option than the reckless operation which typically has four points.

If a student DUI convict is ever convicted of a second DUI , the Kent State student faces much tougher penalties. A good Kent State DUI lawyer will typically educate their clients on specific penalties for a second student DUI offense including: (a) mandatory ten days at the Portage County jail up to a maximum of six months; (b) mandatory fine of $525 up to a maximum of $1625; (c) mandatory license suspension of one year up to a maximum of five years; (d) installation of yellow license plates on the student driver’s car, mandatory; (e) ignition interlock device installed on any vehicle the student driver drives, to detect whether the student has alcohol in his system, mandatory; and (f) drug and alcohol treatment at a Kent DUI treatment facility, also mandatory. These are the penalties allowed by law, however, a good Kent State DUI lawyer can often work to avoid or reduce some of these penalties. That being said, any Kent State students who are convicted of a second or third Kent DUI should expect much tougher treatment by the court as well as the prosecuting attorney on the case.

Kent State students facing criminal charges, including drinking and driving, run the risk of being charged by Kent State University as well.  Kent State University has the power to bring a disciplinary case against Kent 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 sanction that can be imposed by any Ohio college or university. This is yet another reason why Kent State students charged with student DUI are best served by representation of a top Kent State DUI Lawyer.

There are many defense strategies that a Kent State DUI lawyer can use to get the best outcome for their student clients in Portage County Municipal Court or Kent DUI Municipal Court. As previously discussed, the goal of most top Kent State DUI lawyers is a dismissal of the DUI charge or a reduction to a low level offense. The penalties and collateral consequences discussed throughout this page only apply to drivers who are convicted of a Kent DUI.  A top Kent State DUI lawyer can often keep that from happening through the use of many creative DUI defense strategies.

Student DUI Defense Strategies for a Kent State DUI Lawyer

Kent State DUI lawyers will examine each student’s case to see what student DUI defenses would be most appropriate in each case. The first Kent State DUI defense strategy that a Kent State DUI lawyer should consider is the reason for the Kent police officer’s first contact with the student. Was the Kent State student under the influence of alcohol or drugs, or acting inappropriately,  before the officer made contact with the student?  Why did the Kent police officer suspect the student was under the influence of alcohol or drugs? If the student wasn’t under the influence, or the Kent officer didn’t have adequate evidence to support his belief that the student was under the influence, a Kent State DUI lawyer should file a motion to suppress all the evidence in the case. If the Portage County Municipal Court or Kent DUI Municipal Court grants the motion, the entire student DUI case should be dismissed because there won’t be any evidence left of intoxication.

Kent State student DUI cases usually start with a traffic stop, unrelated to a DUI charge. The traffic stop could be based upon any number of traffic violations such as running a stop sign, speeding or failing to use a turn signal. This is typically the second DUI defense strategy employed by a good Kent State DUI lawyer. How did the case go from a simple traffic stop to a DUI investigation? During the initial encounter between the Kent State police officer and the student driver, the officer may detect evidence that causes him to believe the student driver is under the influence of alcohol or drugs.  The officer might detect the Kent State student talking with slurred speech or he might have red, watery eyes. These indicia of impairment might be enough to turn the case into a DUI investigation, however, often the police need more evidence. Ohio law does not allow Kent police to chance the stop into a DUI investigation unless they can state very specific factors that supports that decision. Kent State DUI lawyers should ask themselves what specific evidence led the Kent police officer to change the initial traffic stop into a DUI case.  If the officer cannot provide sufficient justification for starting a DUI investigation, the Kent State DUI lawyer should file a motion to suppress all the subsequent evidence the police obtained, including incriminating statements made by the student driver, field sobriety test results and any breath, blood or urine test that gives a blood alcohol concentration that exceeds the legal limit. If the Portage County Municipal Court or Kent DUI Municipal Court grants the motion, the entire student DUI case might be dismissed or reduced.

Standardized Sobriety Testing is a standard investigation tool used in Kent State DUI investigations. However, it’s not uncommon for Ohio police officers to make mistakes when they administer field sobriety tests. Thus, Kent State DUI lawyers should examine whether the Kent State police officer gave the student driver the field sobriety tests in the proper manner. This is a third student DUI defense strategy employed by good Kent State DUI lawyers.  There are many ways the tests may be administered incorrectly. For example, a student driver may put his foot down twice during the one leg stand test and the officer may score that as two clues. However, the rules and regulations associated with field sobriety testing says that should only count as one clue of intoxication. If the officer made any mistakes in testing the student driver, an experienced Kent State DUI lawyer should file a motion to suppress the field sobriety tests. If the Portage County Municipal Court or Kent DUI Municipal Court grants the motion, the district attorney cannot use the field sobriety tests against the student driver and the case may be dismissed or reduced.

Kent State DUI lawyers should ask their student clients whether they were impaired during the DUI incident, and if not, why they did poorly on the field sobriety tests. This could be considered the Kent State DUI lawyer’s fourth DUI defense strategy. Ohio law recognizes many issues that could cause the student driver to perform poorly when performing sobriety tests.  Following are some common innocent explanations for poor performance:

  • The Kent State DUI suspect was wearing heels or other inappropriate footwear during the tests.
  • The Kent State DUI suspect performed the tests on uneven, sloped or cracked pavement.
  • The Kent State DUI suspect did the tests on a wet, slippery surface.
  • The Kent State DUI suspect couldn’t see very well because the area was dark.
  • The Kent State DUI suspect doesn’t speak English well and didn’t understand the instructions.
  • The Kent State DUI suspect was distracted by oncoming traffic or the cruiser’s strobe lights.
  • The Kent State DUI suspect was distracted by students and other people watching the tests.
  • The Kent State DUI suspect was extremely nervous and scared when he took the tests.
  • The Kent State DUI suspect was overweight and that made the tests difficult to perform.
  • The Kent State DUI suspect was injured and the injury made it hard to complete the tests.
  • The Kent State DUI suspect was confused by the officer’s instructions.
  • The Kent State DUI suspect took the tests in extreme weather, such as rain, snow, ice or wind.

If the Kent State student driver’s performance in the sobriety testing was impacted by any of the above-referenced factors, a Kent State DUI lawyer should file a motion to suppress. If the Portage County Municipal Court or Kent DUI Municipal Court grants the motion, the field sobriety tests will be excluded as evidence in the case and will not be used against the Kent State student driver.

Another student DUI defense strategy for Kent State DUI lawyers in breathalyzer cases is to challenge the test by utilizing the inherent rate of error in breath testing devices. When the maintenance and calibration of an Ohio breath testing machine is perfect and the breath test is administered to the student driver according to DUI regulations, there is still an inherent error rate in the testing.  Most experts agree that the built in error rate is about .02 for DUI breath testing. While this inherent error rate isn’t a factor where a student driver has an extremely high blood alcohol concentration, if the student driver’s BAC is just a little high, a Kent State DUI lawyer should file a motion to suppress. If the Portage County Municipal Court or Kent DUI Municipal Court grants the motion, the breath test result will be excluded as evidence and will not be available for the prosecuting attorney to use at trial.
A final student DUI defense strategy that Kent State DUI lawyers should evaluate is whether the Kent police officer followed all the applicable procedures when giving the student driver a breathalyzer.

Kent police officers must follow very specific procedures when they give a breath test to a student driver. Before the particular DUI investigation begins, the Kent police must be sure the breath testing machines are in good working order. They must ensure that the machines are calibrated regularly as well. In fact, there are many similar rules and regulations that apply to blood alcohol concentration testing in Kent DUI cases.  Some minor rules may be forgiven, however, many of the rules cannot.

Similarly, if there are enough minor violations, that can help the Kent State DUI suspect as well. If the Kent police officer didn’t substantially comply with the regulations, a good Kent State DUI lawyer should file a motion to suppress the breath test results. If the Portage County Municipal Court or Kent DUI Municipal Court grants the motion, the breath test cannot be used against the Kent State DUI suspect.
There are many DUI defense strategies like this available depending on the facts and circumstances of a particular student DUI case. The strategies listed above are just a few of the  most common.

Message from Kent State DUI Lawyer, Jeremiah Denslow

JeremiahDenslow2Hello, my name is Jeremiah Denslow. I’m an Ohio DUI lawyer and I devote my entire practice to drinking and driving defense and other criminal charges. I travel to colleges like Kent State, Miami University, Bowling Green, and the University of Dayton representing college students charged with DUI and other criminal offenses. If you’re a Kent State student and have a student drinking and driving case in Portage County Municipal Court or Kent DUI Municipal Court, you would benefit by at least speaking to a Kent State DUI lawyer. In the 2016 calendar year, the majority of my clients had their charges dismissed or reduced and avoided jail time.  While it’s unethical to guarantee results in any individual case and success in other cases is not a guarantee of success in your particular case, my goal is a dismissal or reduction for every charge. And no jail time for my clients. My strategy is simple: (a) I focus my practice on criminal defense and DUI; (b) I only accept cases in Ohio; and (3) I limit the number of clients I represent. It’s a focused practice with a limited number of clients and more attention for each client and their case.

If you’re a Kent State student with a DUI case pending in Portage County Municipal Court or Kent DUI Municipal Court, give me a call. I’m a Kent State DUI lawyer and you can reach me at 1-844-DUI-DUDE. That’s 1-844-384-3833.

Kent State DUI Lawyer Reviews for Jeremiah Denslow

Google Review for Kent State DUI lawyer: “Jeremiah is a great guy who answers all of your questions and you can talk to him about anything! He always keeps you updated! He got my charge dismissed and reduced and is working on getting my license back. I would recommend him every time.”
AVVO Review for Kent State DUI lawyer: “This lawyer is a tremendous advocate for his clients. I give him my highest endorsement in the field of criminal and DUI defense.”

Yellow Pages Review for Kent State DUI lawyer:  “I know Jeremiah to be a tireless student of all things related to Ohio DUI defense. He studies DUI cases on a daily basis and consistently searches for new and innovative DUI defense strategies. If ever in need of an Ohio DUI attorney, I would highly recommend Jeremiah Denslow.”

Yellow Pages Review for Kent State DUI lawyer: “Mr. Denslow is a good lawyer. If you have a DUI, he can help. I know there are other good lawyers in the area, but Jeremiah is up there with the best.”
Google Review for Kent 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 Kent State DUI lawyer: “Top notch lawyer in this field and one of the best lawyers in the state. 

AVVO Review for Kent State DUI lawyer: “I endorse this lawyer. Jeremiah is a very respected lawyer. He was One of the Top 100 Trial Lawyers by the National Trial Lawyers Association, One of the Top DUI Attorneys in the State of Ohio by the National Advocacy for DUI Defense and in the Top 40 Under 40 Criminal Defense Lawyers in the State of Ohio by the American Society for Legal Advocates.”
If you have a Kent State DUI case, you should consider talking to a top Kent State DUI lawyer to see if he can get the case dismissed or reduced to a lesser offense. The penalties and collateral consequences on these pages only apply to drivers who are convicted of DUI/OVI. An experienced Kent State DUI lawyer may be able to prevent that from happening.

The Kent State University Student Disciplinary Process

In addition to the regular legal process that plays out in a Portage County municipal court DUI case, a Kent State student may face discipline from the University as well. The Kent State University Code of Student Conduct prohibits many types of student actions including drug use, dishonesty, unlawful consumption of alcohol and drinking and driving or DUI/OVI. Any Kent State student found to have committed any of the following conduct is subject to disciplinary action by Kent State University:

  • Illegal Alcohol Use, including Drinking and Driving in Kent, Ohio
  • Drug Use, including Driving while on Drugs in Kent, Ohio
  • Violation of University Rules, Federal, State or Local laws, including DUI/OVI
  • Impaired Driving in Kent, Ohio
  • Academic Misconduct
  • Sexual Harassment and Sexual Misconduct
  • Misuse of Computers or Kent State University Network
  • Gambling on the campus of Kent State University
  • Theft or Unauthorized Use of Property
  • Disorderly or Disruptive Conduct

The Kent State Student Disciplinary Process Part 1: The Complaint

The process of campus adjudication begins once the Kent State University Office of Student Conduct receives an incident report for any alleged violation of the student code of conduct, including any Kent DUI/OVI or drinking and driving offense. The complaint can come from virtually any organization, including Residence Services, Kent State University Police, or any other police department in the area. Kent State students charged with a violation of the code of student conduct would benefit from speaking with a Kent State DUI lawyer before responding.

The Kent State Student Disciplinary Process Part 2: Notification

Once the information is entered into the Kent State University system, the college will provide written notification to the accused student asking her to contact the college for a Sanction Hearing or Hearing Panel with the Office of Student Conduct. Kent State will also provide the accused student with the Incident Report and Ohio DUI police report as well as information about the Kent State Code of Student Conduct. The Kent State DUI lawyer will review all the documentation sent by the University and discuss the student’s version of events in order to get a comprehensive understanding of the case.

The Kent State Student Disciplinary Process Part 3: Sanction Hearing

Instead of a judge, Kent State uses a hearing officer to assess the facts and circumstances of the case and determine the appropriate sanctions. This particular hearing is only used if the student readily admits to a violation, including a student DUI/OVI violation. A Kent State student is permitted to bring their Kent State DUI lawyer to this hearing. The hearing is designed solely to determine the appropriate sanction for the Kent State student guilty of DUI. After a conversation about the information within the Incident Report, the Hearing Officer will levy sanctions against the Kent State student as appropriate. If the student decides at any time prior to, or during, a sanction hearing that he does not accept responsibility for the alleged violation, the sanction hearing will be cancelled and a different hearing will be scheduled called a hearing panel.

The Kent State Student Disciplinary Process Part 4: Hearing Panel

A hearing panel is Kent State’s version of a trial in the context of the disciplinary process. Attendance at hearings is limited to those directly involved or those requested by the college or one of the parties to attend. The accused Kent State student may have bring their Kent State DUI lawyer to the trial, however the lawyer’s involvement is limited by Kent State’s rules. For example, the University only permits the Kent State DUI lawyer to counsel the accused student, advising him, giving him direction and explaining things during the hearing.

While the Kent State DUI lawyer’s role may be limited, it can be very important for a Kent State student to have counsel, particularly when they have a student DUI pending in Portage County Municipal Court or Kent DUI Municipal Court. Why? For many reasons, but one of the biggest is that Kent State students without a Kent State DUI lawyer typically make admissions of wrongdoing and illegal behavior at hearing panels, even when they don’t realize they’re doing so. Such statements can then be used against the student in his Portage County Municipal Court or Kent Municipal Court student DUI trial. That being said, it’s not always wise for a student to sit idly in a hearing panel. A Kent State student’s opinion and statements can be extremely helpful to his case at times. An experienced Kent State DUI lawyer can provide insight on when the student should make a statement or remain silent.

The hearing starts by allowing the accused college student an opportunity to provide information pertaining to the incident as well as any additional background information he believes is relevant. The accuser is then permitted to give his input regarding the incident and talk about any relevant background information as well. In a hearing panel where the allegation is a charge of student DUI, the accuser might be a Kent police officer. The accused Kent State student is then permitted to call favorable witnesses and ask them questions about the incident but he should also be prepared to answer questions put forth by the Kent DUI police officer as well. A Kent State DUI lawyer can help the accused student to develop a witness list and prepare questions for the witnesses. The accused student is also permitted to call character witnesses so that the hearing panel has a better understanding of the student’s character. Finally, the hearing panel is permitted to question any witness during the hearing at any time, including the accused Kent State student.

Once the Hearing Panel has gathered enough information to come a decision, they will temporarily recess from the hearing and begin deliberations, which usually last less than thirty minutes. The hearing will then be reconvened and the hearing panel will announce its findings as well as the sanctions if the Kent State student is found guilty. Kent State University will provide the findings and detailed sanctions to the guilty student so that he and his Kent State DUI lawyer have an official record of what occurred at the hearing. While a typical DUI trial in Kent Municipal Court or Portage County Municipal Court may last a full day or two, Kent State University’s entire process is generally concluded within one hour.

The standard of evidence at a Kent State University hearing panel is a preponderance of the evidence, meaning the university must prove its case against the Kent State student by just 51%. In other words, Kent State merely has to prove it’s more likely than not that the student misconduct occurred, such as student DUI in Kent Ohio, which is the lowest standard of evidence in American jurisprudence. Kent State DUI lawyers will tell you that this is far lower than proof beyond a reasonable doubt, the burden of proof in a regular Kent DUI case handled in Portage County Municipal Court.

The Kent State Student Disciplinary Process Part 5: Outcomes or Sanctions

If a Kent State student accepts responsibility for a violation of the student code of conduct, including student DUI, or is found guilty after a hearing, the following sanctions may be imposed on the student:

  • Academic Reflection
  • Alcohol or Substance Abuse Education, particularly in Kent State student DUI/OVI cases
  • Community Service
  • Referral for Alcohol Counseling, particularly in Kent State student drinking and driving cases
  • Referral for Drug Counseling, particularly in Kent State student DUI/OVI cases involving drugs
  • Disciplinary Dismissal
  • Disciplinary Probation
  • Disciplinary Suspension
  • Decision Making/Ethics Educational Course
  • Letter of Apology
  • Monetary Fine
  • Restitution
  • Warning
  • Other Punitive Action

The Kent State Student Disciplinary Process Part 6: Appeals

A Kent State student has the right to appeal the decision from a student conduct hearing with or without the assistance of a Kent State DUI lawyer. Any appeal must be submitted to the Kent State Office of Student Conduct within seven days from the conclusion of the hearing. The University will then compile the appeal and documentation from all of the parties, including the Kent Ohio DUI report, the student’s history of disciplinary problems, the recording of the disciplinary hearing and any additional information provided by the hearing officer. The material is then submitted to an appellate panel to be reviewed and then to the vice president of student affairs for a final decision.

A Kent State student’s right to appeal is limited and can only be based upon one or more of the following grounds:

  • A procedural error occurred that was materially prejudicial to the Kent State student.
  • The decision was contrary to the evidence presented at the student’s hearing.
  • Discovery of new evidence that was unavailable at the Kent State student’s hearing.
  • The disciplinary sanctions were unduly harsh considering the violation.

After reviewing the appeal, as well as any additional documentation, the Kent State University Vice President of Student Affairs will take one the following actions:

  • Accept or deny an appeal
  • Modify the findings of responsibility or guilt
  • Modify, reduce or reverse the sanctions
  • Remand the case for another hearing or new trial

Other Ohio Colleges and Universities

If you are a college student at one of Ohio’s other colleges or universities, please click on the link to review the university’s procedures as they relate to DUI, criminal charges and the disciplinary process. Jeremiah Denslow is an Ohio DUI lawyer who represents Kent State students and other college students throughout the state of Ohio, including the following universities:

Common Mistakes in Ohio DUI/OVI Investigations

No Kent Ohio DUI/OVI/drinking and driving arrest is perfect and the best Kent State DUI lawyers knows this. Most Kent 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 Kent DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current 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 Kent 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 Kent DUI laws better than most attorneys in the state. I am a passionate Kent State DUI lawyer and I get results, however, I only accept a limited number of clients. If you’re serious about your case and want a top Kent State DUI lawyer on your team, call me, the Ohio DUI Dude at 1-844-DUI-DUDE. That’s 1-844-384-3833.

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