DUI / OVI In Newark and Licking County, Ohio The Dominy Law Firm represents clients for DUI (called ‘OVI’ in Ohio) in the Licking County Municipal Court, where most OVI cases from Licking County are heard. Those OVI cases come from all the municipalities in Licking County, including Alexandria, Granville, Hebron, Johnstown, Newark, Pataskala, and Utica. Most of the cases are filed by the Ohio State Highway Patrol and the Licking County Sheriff’s Office, and some cases are filed by the law enforcement agencies from the cities and villages in Licking County.
People charged with OVI in Licking County, Ohio have many questions. What does the prosecution have to prove for an OVI conviction? What evidence is used by the prosecution? What is the potential sentence for OVI? What should be my next steps? This page will answer those questions, and additional information about OVI is available on dozens of other pages of this site.
What the Prosecution Must Prove What the prosecution must prove depends on whether you are charged with OVI ‘impaired’ or OVI ‘per se’. For a charge of OVI ‘impaired’, the prosecution must prove you operated a vehicle while ‘under the influence’. That means your ability to operate the vehicle was impaired by alcohol or drugs. For a charge of OVI ‘per se’, the prosecution must prove you operated a vehicle with a prohibited concentration of alcohol or drugs in your breath/blood/urine (e.g. .080 or higher BAC).
What Evidence is Used by the Prosecution The prosecution uses three basic types of evidence: (1) witness testimony, (2) video/audio recordings, and (3) drug/alcohol tests. The main source of witness testimony is law enforcement officers, but testimony may also come from civilians who observed driving or other relevant conduct of the defendant. Video/audio recordings include videos from body-worn cameras, videos from cruiser cameras, and audio recordings from 911 calls. Drug/alcohol tests include breath tests, blood tests, and urine tests (and, coming soon, oral fluid tests).
Potential Sentence For OVI The potential sentence for an OVI conviction depends on many factors, but the main factor is the number of prior OVI convictions. A first OVI conviction within ten years carries a minimum jail term of three days, and a maximum jail term of 180 days, as well as a minimum driver’s license suspension of one year and a maximum driver’s license suspension of three years. There is also a minimum fine of $375 and a maximum fine of $1,075. In addition to those mandatory sentencing penalties, a judge may also order probation, use of yellow license plates, and use of an ignition interlock device. For additional OVI convictions within ten years, the mandatory penalties increase.
What Should be the Next Steps If you are charged with OVI in Licking County, your first step is to educate yourself. One good source of information about OVI is the Ohio DUI/OVI Guide. That guide is available for sale, and the PDF version can be downloaded for free on this site. After educating yourself about OVI cases, the next step is to decide how to handle your case: plead Guilty and accept the consequences, or plead Not Guilty and try to improve the outcome of the case.
Lawyers For Newark, Ohio OVI/DUI Cases If you intend to plead Not Guilty and try to improve the outcome of your case, the Dominy Law Firm can help. Our lawyers have expertise in OVI defense and they represent clients in Licking County. If you would like to schedule a free consultation about representation, please submit a CONTACT FORM or call our office at 614-717-1177.
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M.A.
Shawn Dominy quickly displayed his expertise in defending OVI cases at a level that made me immediately comfortable in my decision to...
K.G.
I was looking at a Physical control OVI charge. License suspension, 3 day class, all that. Shawn got it reduced to persistent disorderly conduct. I paid a fine, saw...
