Rudes Law Office
Attorney Terrence R. Rudes
216 Adams Street Port Clinton, Ohio 43452
Telephone 419 732-3000
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
|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
|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
|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
|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.
A Criminal Case Requires a Criminal Defense
Hiring an Attorney for DUI Prosecution
GUIDE TO LEGAL SERVICES BILLING