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Contents contributed and discussions participated by John Cakebread

John Cakebread

An Akron DUI Attorney Outlines the BMV Process for your DUI Case - 0 views

DUI attorney Akron lawyer defense
started by John Cakebread on 20 Apr 12 no follow-up yet
  • John Cakebread
    In Akron, Ohio, the BMV is the Bureau of Motor Vehicles, and in the case of your DUI charges, you will more than likely need an Akron DUI attorney present at your BMV Hearing. I'll go into the reasons for this further on in this article, but to start with, it is of the highest imperative that you contact an Akron DUI attorney as soon as possible when you have been charged with DUI or OVI.

    DUI (driving under the influence of alcohol or drugs) or OVI (operating a vehicle whilst impaired) has severe penalties in Akron (and most of the US, actually) which can include:
    * a fine
    * imprisonment
    * license suspension
    * vehicle confiscation
    * special license plates
    * electronic home incarceration
    * probation
    * community service
    * alcohol/drug abuse education counseling

    At the very least, you will be facing license suspension and a fine. The important thing to remember with a DUI or OVI case in Ohio, is that there is a limited period in which you can schedule a BMV hearing to make an appeal against the suspension of your license. It is likely that you will not have much success unless you enlist the help of an DUI defense Akron who will be able to help you state your case. Whilst you could face the BMV on your own, an Akron DUI attorney will have built a relationship with the legal community and have a better chance of stating your case successfully, and will know all the legal details about not only submitting the appeal, which is a process in itself, but they'll also have had experience in dealing with similar cases before and will know the most effective approach to take with the BMV in order to ensure that your license is not suspended.

    Once you have been charged and arrested, the BMV hearing takes place (provided you submitted your appeal within the allotted time period). The BMV hearing is where the decision is made to revoke your driver's license or not. The key piece of information relating to your case is that, contrary to what may be popular belief, it is not the position of the person being charged to show that the suspension is not justified, but it is rather the position of the BMV to show that the suspension is justified. Quite often, drivers who request a BMV hearing at the encouragement of their Akron DUI attorney find that they are able to keep their license as the BMV doesn't go through with the hearing.

    After the BMV hearing, you will face the criminal proceeding, and this is where your DUI attorney Akron comes in. He will explain that the evidence for your sobriety needs to have been collected legally, and if there is any doubt as to the legality of the sobriety tests, the evidence can be dismissed. Of course, most of the time there will be some time between the BMV hearing and the criminal hearing, and this is where you need your Akron DUI attorney to ensure that you keep your license.
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