If a Springboro DUI Defendant pleads to DUI in Springboro Mayor’s Court, they face a number of penalties:
- Warren County Jail sentence anywhere from three days to six months, even on a first offense;
- A monetary fine anywhere from $375 to $1,075, plus court costs;
- Springboro DUI treatment assessment for drug and alcohol abuse and possibility of an in-patient Driver Intervention Program (DIP);
- A license suspension that lasts from six months to three years, even on a first offense;
- Probation with the Springboro Mayor’s Court that can include things like substance abuse treatment, community service and regular meetings with a probation officer;
- Installation of yellow DUI license plates on the Springboro DUI defendant’s vehicle; and
- Installation of an ignition interlock device on the Springboro DUI defendant’s vehicle.
The aforementioned penalties associated with a DUI offense are codified in the Ohio Revised Code and can be imposed on anyone in Springboro Mayor’s Court. As standard operating procedure, the court informs every DUI defendant of potential sanctions before a plea; however, Springboro DUI defendants who are represented by a good Springboro DUI attorney can usually avoid most of them. Having a DUI attorney is no guarantee of success, but it’s not uncommon for attorneys 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 Springboro 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 Franklin DUI Charge to Consider
A Franklin DUI Defendant who is convicted of a drinking and driving charge will face a number of collateral consequences, in addition to the DUI sentence imposed by the judge. A Franklin DUI attorney can provide information on the collateral consequences of a DUI conviction and the negative impact these consequences can have on your life. Not only the short-term consequences, but the long-term consequences as well. For example, DUI convictions cannot be expunged from the Franklin DUI defendant ‘s record. Considering that most criminal offenses, even felonies, can be sealed and expunged, this seems like an unfair consequence of a Franklin DUI. That means a DUI conviction will stay on the person’s criminal record forever. For this reason alone, probably the most important goal for a top Franklin DUI attorney is to get the DUI charge dismissed or reduced to a minor charge.
Consequences for a Springboro or Franklin DUI Charge
There are other collateral consequences associated with a Franklin DUI conviction or even a Springboro DUI conviction, such as the person’s potential difficulty in finding employment in the future. It’s not uncommon for businesses and governmental agencies to do background checks on when you apply for a job. For some businesses and governmental agencies, a criminal record will automatically disqualify a DUI defendant from getting a job. For others, a criminal record won’t act as an absolute bar; however, it will give other applicants an advantage, particularly if the applicants are relatively comparable in experience. This is another reason that the primary goal of most top DUI attorneys is to get the DUI charge dismissed or reduced.
Another collateral consequence associated with a Franklin DUI conviction or a Springboro DUI conviction is increased costs for automobile insurance. While insurance companies are private and have their own internal policies, most insurance agencies increase rates for people who are convicted of drinking and driving. Sometimes, the insurance company will cancel a policy altogether or require the DUI defendant to obtain an SR 22 bond. Our DUI attorneys can educate our clients about these and other lesser known consequences of a DUI conviction.
One other collateral consequence of either a Franklin or Springboro DUI is the person’s driving record. The Ohio Bureau of Motor Vehicles will assess six points on a defendant who pleads guilty to DUI. The additional points may trigger a second license suspension, above and beyond the court suspension. If the DUI defendant already has points on their license, they should inform their attorney so the attorney can set his goals accordingly. For example, someone with a lot of points on their driving record who is facing a Springboro or Franklin DUI charge would likely prefer a physical control charge over a reckless operation, because the physical control carries no points while the reckless operation carries points
Repeat DUI Offences in Franklin and Springboro
If a defendant is ever convicted of a second DUI, they will encounter much tougher penalties the second time around. Our Franklin and Springboro DUI attorneys will educate our clients on specific penalties for a second DUI offense, including:
- mandatory ten-day sentence at the Warren County jail up to a maximum of a six-month jail sentence;
- mandatory fine of $525 up to a maximum of $1,625;
- mandatory license suspension up to a maximum of five years;
- yellow license plates on the DUI driver’s car, mandatory;
- ignition interlock device installed on vehicle; and
- drug and alcohol treatment at a Springboro DUI treatment facility, which is mandatory on a second DUI offense.
These are the penalties allowed by law; however, a good Franklin DUI attorney can often work to avoid or reduce some of these penalties. That being said, any Springboro DUI defendant who gets a second or third DUI on their record must understand that they will receive tougher treatment by the court as well as the prosecuting attorney on the case.
Considerations for Students Facing a DUI Charge
Franklin and Springboro DUI defendants who are enrolled in college run the risk of being charged by their college or university as well. Ohio’s colleges and universities almost always have the ability to bring a disciplinary case against a DUI defendant who is 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 from the person’s college or university. This is yet another reason why DUI defendants charged with DUI are best served by representation of a top DUI attorney.
There are many defense strategies that a DUI attorney can use to get the best outcome for student clients charged in Franklin or Springboro. As previously discussed, the goal of most top DUI attorneys is a dismissal of the DUI charge or a reduction to a low-level offense. The penalties and collateral consequences discussed throughout this page apply only to drivers who are convicted of a Kent DUI. A top DUI attorney can often keep that from happening through the use of many creative DUI defense strategies.
Defense Strategies for Springboro DUI Attorneys and Franklin DUI Attorney
Springboro and Franklin DUI attorneys will look at each client’s case to see what DUI defenses would be the most effective in that particular case. The first DUI defense strategy that an attorney should consider is the reason for the police officer’s first contact with the driver. Was the DUI defendant impaired or under the influence of alcohol or drugs at the time of the stop? If not, why did the Springboro or Franklin police officer suspect the driver was under the influence of alcohol or drugs? If the driver wasn’t under the influence, or the officer didn’t have adequate evidence to support his belief that the driver was impaired, a DUI attorney should file a motion to suppress all the evidence in the case. If the court grants the motion, the entire DUI case should be dismissed because there won’t be any evidence left of impairment or intoxication.
Franklin and Springboro 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 speeding, failing to use turn signals or driving left of center. This is typically the second DUI defense strategy employed by a good DUI attorney. How did it go from a basic traffic stop to a DUI case? During the initial encounter between the Franklin or Springboro police officer and the driver, the officer may observe something that makes him believe the driver is impaired by alcohol or drugs.
The officer might hear slurred speech or observe a driver who can’t get his driver’s license out of his wallet. The officer may observe a driver with red eyes. These indicia of impairment might be enough to turn the case into a DUI investigation, but often the police need more. Ohio law does not allow police officers to change the stop into a DUI investigation unless they can state very specific reasons why they believed the driver was impaired or under the influence.
Springboro and Franklin DUI attorneys should ask themselves what specific evidence led the police officer to change the initial traffic stop into a DUI case. If the officer can’t provide it, the DUI attorney should file a motion to suppress all the subsequent evidence the police obtained. If the court grants the motion, the entire DUI case might be dismissed or reduced.
Standardized Sobriety Testing is a standard investigation tool used in Springboro and Franklin DUI investigations. However, it’s not uncommon for Ohio police officers to make mistakes when they administer field sobriety tests. Thus, Springboro and Franklin DUI attorneys should examine whether the police officer gave the driver the field sobriety tests pursuant to accepted policy and procedure. This is a third Springboro and Franklin DUI defense strategy employed by good DUI attorneys.
If the officer made any mistakes in testing the student driver, an experienced Springboro or Franklin DUI attorney should file a motion to suppress. If the court grants the motion, field sobriety tests will not be used against the driver, and the DUI charge may be dismissed or reduced.
In cases where a DUI driver performs poorly on the field sobriety tests, a Springboro or Franklin DUI attorney should ask their client whether they were under the influence. If the client was not under the influence, the lawyer should try to figure out why they did poorly on the field sobriety tests. This could be considered the DUI attorney’s fourth DUI defense strategy.
There are many reasons a driver might perform poorly when doing field sobriety testing.
- The DUI suspect was wearing heels or other inappropriate footwear during the tests.
- The DUI suspect performed the tests on uneven, sloped or cracked pavement.
- The DUI suspect did the tests on a wet, slippery surface.
- The DUI suspect couldn’t see very well because the area was dark.
- The DUI suspect doesn’t speak English well and didn’t understand the instructions.
- The DUI suspect was distracted by oncoming traffic or the cruiser’s strobe lights.
- The DUI suspect was distracted by students and other people watching the tests.
- The DUI suspect was extremely nervous and scared when he took the tests.
- The DUI suspect was overweight and that made the tests difficult to perform.
- The DUI suspect was injured, and the injury made it hard to complete the tests.
- The DUI suspect was confused by the officer’s instructions.
- The DUI suspect took the tests in extreme weather, such as rain, snow, ice or wind.
If the driver’s performance in the sobriety testing was impacted by any of the above-referenced factors, a Springboro or Franklin DUI attorney should file a motion to suppress. If the court grants the motion, the tests will be not be used against the Springboro DUI defendant.
Another DUI defense strategy for Franklin and Springboro DUI attorneys in breathalyzer cases is to attack the breath test by illuminating the inherent rate of error in breath testing devices. When the maintenance and calibration of an Ohio breathalyzer is perfect and the sample is obtained according to DUI regulations, there is still an inherent error rate in a breathalyzer. Right around .02. While this inherent error rate isn’t a factor where a Springboro driver has an extremely high blood alcohol concentration, if the driver’s BAC is barely over the legal limit, a DUI attorney should file a motion to suppress. If the court grants the motion, the breath test result will be excluded as evidence.
Yet another DUI defense strategy that Springboro or Franklin DUI attorneys should evaluate is whether the police officer or deputy followed Ohio procedures when giving the driver a breathalyzer. Police officers must adhere to state regulations when they give a breathalyzer to a driver. For example, the officer must:
(a) observe the driver for twenty minutes before the test;
(b) administer the test within a few hours of the DUI incident; and
(c) read the driver the implied consent language contained in the Ohio Revised Code.
There are quite a few rules and regulations that apply to breath testing in DUI cases. If the police officer didn’t substantially comply with the regulations, a good Franklin and Springboro DUI attorney should file a motion to suppress the breath test results. If the court grants the motion, the breath test cannot be used against the DUI suspect.
There are many DUI defense strategies like this available, depending on the facts and circumstances of a particular case. The strategies listed above are just a few of the most common.
Message from Springboro DUI Attorney and a Franklin DUI Attorney, Jeremiah Denslow
Hello, my name is Jeremiah Denslow. I’m a Springboro and Franklin DUI attorney and I devote my entire practice to drinking and driving defense and other criminal charges. I travel to courts all over Cincinnati and Dayton representing people charged with DUI and other criminal offenses. If you’re a DUI defendant and have a DUI originating from Springboro or Franklin, you would benefit by at least speaking to a DUI attorney. 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:
- I focus my practice on criminal defense and DUI defense;
- I accept only Ohio cases; and
- 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.
If you’re a DUI defendant with a DUI case pending in Franklin or Springboro, give me a call. I’m a Springboro and Franklin DUI attorney and you can reach me at 513-268-4000 or 937-242-6400.
DUI Attorney Reviews for Jeremiah Denslow
Review for Springboro DUI attorney: “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.”
Review for Franklin DUI attorney: “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.”
Review for Springboro DUI attorney: “This attorney is a tremendous advocate for his clients. I give him my highest endorsement in the field of criminal and DUI defense.”
Review for Franklin DUI attorney: “Mr. Denslow is a good attorney. If you have a DUI, he can help. I know there are other good attorneys in the area, but Jeremiah is up there with the best.”
Review for Springboro DUI attorney: “Top notch attorney in this field and one of the best attorneys in the state.
Review for Franklin DUI attorney: “Jeremiah gives his clients the individual attention that you just don’t see from other attorneys. He’s honest, articulate, and works very hard for his clients. I’d recommend him to friends and family alike. Great attorney!”
Review for Springboro DUI attorney: “Jeremiah has established himself in the Miami Valley as the elite DUI attorney. He provides his clients individual attention to their specific circumstances and concentrates his efforts to minimize the financial impact and legal consequences associated with DUI charges.”
If you have a DUI case in Springboro or Franklin, you should consider talking to a top DUI attorney to see if he can get the case dismissed or reduced to a lesser offense. The penalties and collateral consequences on these pages apply only to drivers who are convicted of DUI/OVI. An experienced Springboro or Franklin DUI attorney may be able to prevent that from happening.
DUI Courts in Springboro, Ohio and the Surrounding Areas
There are many courts in southwest Ohio that handle DUI cases, including Springboro Mayor’s Court, Lebanon Municipal Court and Warren County Municipal Court. Most Lebanon DUI cases will be in Warren, Butler, Hamilton, Montgomery, Clermont or Greene county. To determine which DUI court will process your DUI case, simply ask your Springboro or Franklin DUI attorney or look at the citation, indictment or BMV 2255 form. If you didn’t receive any of those from the arresting officer, figure out which Springboro Ohio area police department issued the DUI citation. Once you obtain that information, you can contact the police agency and ask them in what court the DUI will be handled. You can then navigate to the website for the appropriate DUI court. Once on the court’s website, you can typically perform a records search by typing in your name in the search box. You should closely review the DUI court’s online file to determine the specific charges against you, upcoming court dates, and any documents your DUI attorney has filed, assuming you’ve retained one.
Following is a compilation of southwestern Ohio courts that handle DUI cases, grouped by county:
Springboro and Franklin DUI courts in Warren County Ohio
- Warren County Court in Lebanon, Ohio (Misdemeanor DUI) http://www.co.warren.oh.us/countycourt/
- Warren County Common Pleas Court in Lebanon, Ohio (Felony DUI) http://www.co.warren.oh.us/commonpleas/default.aspx
- Franklin Municipal Court in Franklin, Ohio (Misdemeanor DUI) http://www.franklinmunicourt.com/
- Lebanon Municipal Court in Lebanon, Ohio (Misdemeanor DUI) http://court.lebanonohio.gov/
- Mason Municipal Court in Mason, Ohio (Misdemeanor DUI) http://www.masonmunicipalcourt.org/
- Springboro Mayor’s Court in Springboro, Ohio (Misdemeanor DUI) http://www.ci.springboro.oh.us/court.html
- Springboro and Franklin DUI courts in Butler County Ohio Fairfield Municipal Court in Fairfield, Ohio (Misdemeanor DUI) http://www.fairfield-city.org/MunicipalCourt/index.cfm
- Hamilton Municipal Court in Hamilton, Ohio (Misdemeanor DUI) https://court.hamilton-oh.gov/
- Middletown Municipal Court in Middletown, Ohio (Misdemeanor DUI) http://www.cityofmiddletown.org/court/
- Butler County Area I Court in Oxford, Ohio (Misdemeanor DUI) http://www.bcareacourts.org/
- Butler County Area II Court in Hamilton, Ohio (Misdemeanor DUI) http://www.bcareacourts.org/
- Butler County Area III Court in West Chester, Ohio (Misdemeanor DUI) http://www.bcareacourts.org/
- Butler County Common Pleas Court in Hamilton, Ohio (Felony DUI) https://commonpleascourt.bcohio.gov/
- Springboro and Franklin DUI courts in Montgomery County Ohio Dayton Municipal Court in Dayton, Ohio (Misdemeanor DUI) https://www.daytonmunicipalcourt.org/
- Kettering Municipal Court in Kettering, Ohio (Misdemeanor DUI) http://www.ketteringmunicipalcourt.org/
- Miamisburg Municipal Court in Miamisburg, Ohio (Misdemeanor DUI) http://www.miamisburgcourts.com/
- Montgomery County Common Pleas Court in Dayton, Ohio (Felony DUI) http://montcourt.org/ Montgomery County Municipal Court in New Lebanon Ohio (Misdemeanor DUI) http://www.mccountycourts.org/
- Montgomery County Municipal Court in Huber Heights, Ohio (Misdemeanor DUI) http://www.mccountycourts.org/
- Oakwood Municipal Court in Oakwood, Ohio (Misdemeanor DUI) http://www.oakwoodohio.gov/
- Vandalia Municipal Court in Vandalia, Ohio (Misdemeanor DUI) http://vandaliaohio.org/vandalia-municipal-court/
- Springboro and Franklin DUI courts in Hamilton County Ohio Hamilton County Municipal Court in downtown Cincinnati, Ohio (Misdemeanor DUI) http://hamiltoncountycourts.org/
- Hamilton County Common Pleas Court in downtown Cincinnati, Ohio (Felony DUI) http://hamiltoncountycourts.org/
- Springboro and Franklin DUI courts in the Clermont County Ohio area Clermont County Municipal Court in Batavia, Ohio (Misdemeanor DUI) http://www.clermontclerk.org/municipal.html
- Clermont County Common Pleas Court in Batavia, Ohio (Felony DUI) http://www.clermontcommonpleas.com/
- Springboro and Franklin DUI courts in Greene County Ohio Xenia Municipal Court in Xenia, Ohio (Misdemeanor DUI) http://www.ci.xenia.oh.us/238/Municipal-Court
- Fairborn Municipal Court in Fairborn, Ohio (Misdemeanor DUI) http://www.fairbornmunicipalcourt.us/
- Greene County Common Pleas Court in Xenia, Ohio (Felony DUI) https://www.greenecountyohio.gov/402/Common-Pleas-Court