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I was charge with a dui on my birthday went to court case is still pending.i had license insurance at the time of my dui the
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court order me driving privileges at the time ,but reasonly was pull over becaus my headlight .it was pass my privilege time they towed my car .Now i have to wait 5 days to go to court to get my car out of the impound i did have insurance at the time of all of this .my ? is will the judge release my car and will i be able to keep my driving privileges
Joseph Bernard Suhre IV
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on Sep 22, 2009
Since you indicated that your DUI case was pending and the Judge granted you limited privileges, I'm assuming that you were under an ALS suspension for either testing over the limit or refusing a chemical test. You were probably charged with a violation of 4511.14 - driving under an OVI suspension (which also includes driving under a pre-trial ALS suspension, despite the code section's title). If you are convicted of this offense, you face a mandatory jail sentence of 3 days, up to a maximum of 6 months; a fine of $250-$1000; a mandatory suspension of up to 1 year; and a 30 day impoundment of the vehicle. This charge does not effect the ALS privileges granted to you, but you will require an additional order for limited privileges for the suspension imposed if you are convicted.
If you were otherwise operating within the scope of the limited privileges and the only issue was the time - you may very well be able to either defend the case or convince the prosecutor to amend the charge. For example, if your privileges were effective for work from 7am to 6pm, and you were on the road at 6:30pm because you had to stay late (and could prove that) - you have a much better case than if you were stopped at 11pm pulling out of a bar parking lot.
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Theodore W. Robinson
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on May 23, 2009
While I don't practice in your state, it would appear your best bet is to contact a criminal defense attorney in Ohio and ask the same questions. First, its unlikely you'll ultimately loose your car and second, it appears from your question that you were driving after you were no longer authorized to drive. In such a situation, its likely the Court could view this incident more seriously..
Check with a DWI attorney in your immediate area.
Good luck.
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Stephen Lyle Hamilton
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on May 23, 2009
First I would tell you to talk to a DUI/DWI lawyer in Ohio. While there are many qualified lawyers, I would look for one who is a member of NCDD, the National College of DUI defense. Im my area of Texas if you were driving on an occupational license and outside of the time most officer would let you go. Some would give you a ticket and a few would arrest you. I have never seen a car seized because of a violation of the time line in the occupational license.
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