Akron Dui Attorney Discourages Dui With A Suspended License
If you have been previously arrested for a DUI (driving under the influence of drugs
or alcohol) or OVI (operating a vehicle whilst impaired) charge in Akron, Ohio, and have had your license suspended, there are strict laws for driving on a suspended license, and I highly recommend that you seek out the services of an Akron DUI attorney.
Generally, having 12 points added to your driving record will result in a license suspension. Driving on a suspended license will automatically add 6 points to your record. There are also additional consequences, since your license would more than likely have been suspended previously for the original DUI charge. These would include:
* An extension of your current license suspension
* A fine (of up to $1000)
* Imprisonment with a maximum sentence of 6 months
* Immobilization of your car
* Possible confiscation of your car
What most people don't realise is that there are often circumstances surrounding the initial license suspension which may not necessarily hold up in a court of law. An experienced, knowledgeable Akron DUI attorney will be able to take a look at the case of your first suspension, and will be able to determine whether or not it is in fact a legal suspension. If the first case does not hold up in a court of law, then the entire case surrounding your subsequent driving on a suspended license can be dismissed.
An Akron DUI attorney will take a look at your original case, and try and determine whether or not the original charges should be dismissed. They will look at the circumstances surrounding your arrest, and look for points which might be brought before a judge and might dismiss your original case. These points might include things like:
* The procedures surrounding your initial DUI arrest were not followed
* The breathalyzer unit used to test your blood alcohol content was not regularly tested and calibrated, and so could not be used as evidence in your DUI charge to have your license suspended
* The field sobriety tests were done after the arrest was made
Another important point to note, which any Akron DUI attorney will know, is that upon your arrest, you have a limited period in which to request a BMV hearing (Bureau of Motor Vehicles) in order to appeal against the suspension of your license. In this hearing, it is not, in fact, your position to try and assert that the license suspension is unjustified, but rather, it is the position of the BMV to assert that the license suspension is justified. This important distinction results in a large number of cases being dismissed, and the driver having his or her driving permissions restored.
It is this fact that will most interest your Akron DUI attorney, as they will be able to appeal against your initial suspension. If that initial suspension can be overturned, and your subsequent case for driving on a suspended license can be dropped. The evidence is clear: for DUI related matters, don't try and take up your defence alone. An experienced Akron DUI attorney will have a good chance of reversing your charges.
by: Martino Ramsdell
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