Although the alcohol limit is different for people under age 21, the investigation of an OUI/OVUAC is the same. When law enforcement encounters an underage driver, they look for clues that show the driver might be under the influence. If observed, the officer can administer a field sobriety test. Everyone has rights, however, and before [...]
Misdemeanors are less serious charges than felonies. Many criminal offenses and almost all traffic offenses are classified as misdemeanors under Ohio law. Misdemeanors are categorized by degree, with a first-degree misdemeanor being most serious and minor misdemeanors being the least. In spite of the fact that these charges are considered less serious, they still can [...]
The Fifth Amendment to the U.S. Constitution protects all Americans from being forced to say anything which could help the government convict. You have a right not to answer law enforcement when asked questions such as these: Have you been drinking tonight? Where are you coming from? Where are you going? Do you know how fast [...]
Law enforcement must have probable cause to stop, detain, or arrest you for an OVI. Probable cause simply means that enough reliable information exists to support a reasonable belief that a person was operating a motor vehicle while under the influence. Did police officers observe you driving as if impaired— swerving across the road, driving erratically, [...]
At college campuses all over Ohio, for students, even under the age of 21, alcohol is easy to access. Fraternity parties, dorm rooms, off-campus housing, students are drinking without even thinking about the consequences that can reach far into their lives negatively. Not only will they be charged with a misdemeanor, but they might also [...]
In order for incriminating evidence to be admissible at trial, the police must provide a suspect with the Miranda warnings prior to obtaining any evidence. In 1966, the Supreme Court found that police officers need to do this in order to safeguard a person’s right not to self incriminate. The Right to Remain Silent – You [...]
Scott Rubenstein offers experienced legal advice and representation in the following areas: DUI, Sex Crimes, White Collar Crimes, Drug Crimes, Violent Crimes, Federal Crimes, Domestic Violence, Juvenile Crimes, Theft Crimes, Property Crimes, BMV Suspensions, Hit & Run, Warrants, Probation Violations, and Sealing Records/Expungements and other criminal matters. If you or your family member is charged [...]
There are many criminal defense strategies available after the facts and the circumstances of the case are reviewed, for a criminal defense attorney to use to win. Defendants are innocent until the prosecutor can prove guilt beyond a reasonable doubt. Mistaken Identity: A witnesses identification is not always correct. This happens more often than not. [...]
In Ohio, expungement is the same as sealing a record. It is a legal process provided under Section 2953 of the Ohio Revised Code that allows one to have any and all references to a prior criminal conviction cleared and their court file sealed. The result of this process is as if you were never convicted [...]
Law enforcement must follow the law when stopping or arresting drivers. There are two different legal standards that apply to OVI stops and arrests: Reasonable Suspicion and Probable Cause. Reasonable suspicion is acceptable suspicion that a crime has been, is being, or will be committed. It is a reasonable belief based on facts or circumstances and [...]