Rudes Law Office
Attorney Terrence R. Rudes
216 Adams Street Port Clinton, Ohio 43452
Telephone 419 732-3000
e-mail trudes@duiohio.net
Going to court? Don't go unarmed and undefended. Every traffic and every criminal charge can affect your life, career, and freedom. Only a qualified and experienced attorney can fully protect our rights and freedoms.
FACTS YOU SHOULD KNOW:
 | In Ohio, there is a major program to arrest anyone who has been consuming any amount of alcohol and is caught operating a vehicle. |
| In Ohio, operating a vehicle under the influence of alcohol or drugs has serious penalties, including mandatory minimum jail sentence, mandatory minimum fines, mandatory minimum license suspensions, and administrative penalties. |
| In Ohio, if you are stopped by a police officer, you have the right to ask to talk to an attorney before answering any questions. Asking to talk to an attorney at the earliest possible time protects your rights if you are charged. |
| In Ohio, if you make any statements to the officer, even if he has not read you your rights, commonly called Miranda Rights, the statements you make can be used against you. If you have consumed any alcoholic beverage, you will most likely be arrested if stopped by police. Trying to talk your way out of being arrested, i.e. "I'm just about home", "give me a break", will be treated as an admission of your guilt and will not prevent your arrest. |
| In Ohio, driving under the influence of alcohol/drugs is a felony on a third offense within six years The evidence used against you may be unreliable. Studies have shown that 46% of completely sober persons were believed to be "too drunk to drive" by police relying on standard filed sobriety tests. Police officers often fail to perform "standardized field sobriety tests" incorrectly. The results are unreliable and in Ohio, if challenged, may be inadmissible. If you submit to road side coordination tests and if you are nervous or just plain uncoordinated, the police will report that you are impaired and use the evidence against you. If you submit to the tests, you can be found to fail, if you refuse to do the tests, you can not fail them. The "horizontal gaze nystagmus" test used by most police agencies can be effected by fatigue, nicotine, caffeine, and aspirin. The causes are not distinguishable, but the officer will conclude that the test results prove alcohol impairment. |
| In Ohio, you are not required to perform sobriety tests, such as walking a line, following a pen, or standing on one leg, requested by police when stopped on the road. Under certain circumstances, your right to drive may be suspended if you refuse to submit to a breath or other chemical test. You should consult a lawyer before performing any tests. |
| In Ohio, you are not required to answer any questions asked by a police officer. You must show him/her your drivers license and sign the tickets, but DO NOT have to answer questions regarding consumption of alcohol, where you are coming from, where you are going, etc. Ask to speak to a lawyer before answering any questions. If you are in doubt do not answer any questions until you have talked to a lawyer. Breath tests are not always accurate. Several things can create false reading and the police have to follow specific procedures. |
| In Ohio, if those procedures are not followed and the test is challenged, the result may be inadmissible. |
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