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Can I get my sentence changed since I got a job two days after my court date?
Anonymous1 views4 answers
My charge was a second OVI in a little over for years. My BAC was .162. I called the police, therefore they never pulled me over. The state minimum for ohio was 10 days in jail or, 5 days in jail with 18 consecutive days house arrest. The judge sentenced me with the 10 days. However, I got a job two days later, so I was wondering if it's possible to try to get the jail term changed since I haven't served it yet? Can I possibly get community service or at least the 5 days with 18 consecutive on house arrest?
A second offense OVI in Ohio carries a mandatory sentence of 10 days in jail or 5 days jail with 18 days house arrest, so the judge cannot give you any other sentence. However, he or she can alter the jail dates or switch from one mandatory sentencing term to another.
Contact the attorney who handled your case in order to get the sentence changed. If you had no attorney (and cannot afford one now) your only option would be to file a written motion with the court stating what your situation is and what you are asking the judge to alter. Make sure your full legal name, case number and the name of the judge are on it.
Dan J. Weisenburger
Attorney at Law
www.OhioCrimeLawyer.com
The tag in your question says you are in Oxford, OH, if your court case was in Butler County Area I Court, I strongly suspect the judge will allow you to modify the sentence and do the 5/18 option. I would recommend calling the attorney that helped you out when you got sentenced or you can call me at 513-777-2222 to discuss this matter futher.
It is possible to have the sentence modified with such a change of circumstances. You have a greater chance of getting the sentence modified if you were unemployed at the time of sentencing and then became employed thereafter. Based upon the offense to which you plead guilty, the 5 days in jail followed by house arrest (or 10 days in jail) is the mandatory minimum in Ohio.
Kevin James TromboldDUI / DWI AttorneySeattle, WA ·
I don't practice in your jurisdiction but a local attorney will be able to inform you of the local statutes authority to convert jail to work release or some other jail alternative so that you can do your job.
The likelihood of withdrawing the plea or reversing the guilty finding would depend on the facts and the type of hearing that was involved when you were found guilty. If it was a trial then ask your trial attorney about filing an appeal. Be quick about it as there are deadlines which you will have to meet to file the appeal.
If it was a plea then a local lawyer would be able to tell you what the options are to adjust or modify the sentence. It may require an additional hearing.
