WHITEHALL DUI ATTORNEY
WHITEHALL CRIMINAL & TRAFFIC LAWYER
If you are faced with a DUI / OVI or other criminal charge in Whitehall, contacting an experienced local Ohio attorney is essential. Depending on the facts of your case, a variety of defenses may be available that you and your attorney should consider.
Tickets and charges issued from the Whitehall Police Department will be heard in the Whitehall Mayor’s Court. The Whitehall Mayor’s Court usually meets every Tuesday at 8:00 a.m., and is located at 360 S. Yearling Road, Whitehall, OH 43213.
As experienced OVI lawyers serving Whitehall, Ohio, we will examine all aspects of your OVI case to determine whether the arresting officer properly followed all of the proper protocols. In the case of an OVI, for example, we will examine whether the officer issued all required warnings, properly administered all of the roadside field sobriety tests, and performed the search, tests and arrest lawfully.
WHITEHALL DUI ATTORNEY
Riddell Law provides representation on all DUI / driving under the influence cases. Once a client is arrested for an OVI in Whitehall, if the client took a breath test over the limit or refused a breath test, their license will be automatically suspended by the BMV.
One of the first tasks we do for our clients is seek to get them driving again as soon as possible. This could include seeking a stay of the Administrative License Suspension, seeking driving privileges, or challenging the ALS suspension in the Whitehall Mayor’s Court.
There are many potential charges in OVI cases in Whitehall. The most common OVI-related charges in Whitehall include:
- Whitehall OVI Code Section 333.01(a)(1)(A). This is Whitehall’s general OVI law. It prohibits driving under the influence of alcohol or any “drug of abuse.”
- Whitehall Per Se OVI Code Section 333.01(a)(1)(B). The legal limit for alcohol in Whitehall (as in all of Ohio) is .08. If you test over the limit in Whitehall, you will likely be charged with a “per se” OVI under 333.01(a)(1)(B).
WHITEHALL CRIMINAL DEFENSE ATTORNEY
In addition to OVI cases, our attorneys represent clients facing all other criminal misdemeanor charges brought in the Whitehall Mayor’s Court.
Some charges in the Whitehall Mayor’s Court can be resolved by the payment of the fine and appearance in the court is not required. Other charges can only be resolved after a defendant has appeared in court. In Whitehall, common charges requiring a personal appearance are:
303.01 WHITEHALL COMPLIANCE WITH LAWFUL ORDER OF POLICE OFFICER; FLEEING.
- This charge is similar to “Fleeing and Eluding,” and it is the failure to stop or remain stopped after an officer orders you to do so.
- This charge is a first-degree misdemeanor and carries a maximum penalty of 6 months in jail, $1,000 fine. The penalty also includes a potential 3 year license suspension.
303.08 WHITEHALL PROVIDING FALSE INFORMATION TO POLICE OFFICER.
- “No person shall knowingly present, display or orally communicate a false name, social security number or date of birth to a law enforcement officer.”
- This charge is a first-degree misdemeanor and carries a maximum penalty of 6 months in jail and a $1,000 fine.
333.02 WHITEHALL RECKLESS OPERATION / RECKLESS DRIVING.
- This charge defines “reckless driving” in Whitehall. It is usually a more serious offense than other traffic charges such as speeding. People charged with “reckless driving” are alleged to display a disregard for the rules of the road.
- This charge is a fourth-degree misdemeanor, unless this is the second reckless driving within one year, then it becomes a third-degree misdemeanor. The maximum penalty for reckless driving is a $500 fine and 60 days in jail.
335.071 WHITEHALL DRIVING UNDER SUSPENSION OR LICENSE RESTRICTION.
- If a driver’slicense has been suspended and he or she is charged with this offense, the driver faces up to six months in jail plus a fine.
- This charge is a first-degree misdemeanor and carries the maximum penalty of 6 months in jail, a $1,000 fine, and a license suspension of 1 year.
- If the defendant was previously found guilty of this offense within the last three years, then the court may order the car to be immobilized for 30 days.
545.05 WHITEHALL DISORDERLY CONDUCT; INTOXICATION.
- Typically, disorderly conduct makes it a crime to bedrunk in public, or if an officer believes a defendant has “disturbed the peace.”
- This charge is typically a fourth- degree misdemeanor.
- The charge can become a third-degree misdemeanor if, “The offender persists in disorderly conduct after reasonable warning or request to desist, the offense is committed in the vicinity of a school or in a school safety zone, or the offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person engaged in their official duties.”
- The maximum penalty for disorderly conduct is 60 days in jail and a fine of $750.
533.03 WHITEHALL DRUG ABUSE; CONTROLLED SUBSTANCE POSSESSION OR USE.
- In Whitehall, this is the crime of having one or more illegal drugsin one’s possession, either for personal use, distribution, sale or otherwise.
- Possession of less than 100 grams of marijuana is a minor misdemeanor and carries a maximum penalty of $150.
- Possession of marijuana exceeding 100 grams but less than 200 grams is a fourth-degree misdemeanor and carries the maximum penalty of 30 days in jail and a fine of $250.
- The magistrate in the Whitehall Mayor’s Court may also suspend your drivers license for a period up to 5 years.
533.12 WHITEHALL DRUG PARAPHERNALIA.
- In Whitehall, it is illegal to possess equipment that is used for making, using, or concealing drugs.
- Types of paraphernalia include: Scales, smoking bowls, spoons used for drug preparation, balloons for transporting, and containers for transporting and concealing.
- This charge is typically a fourth-degree misdemeanor, and carries a maximum penalty of 30 days in jail and a $250 fine.
- The magistrate in the Whitehall Mayor’s Court may also suspend your drivers license for a period up to 5 years.
503.04 WHITEHALL OBSTRUCTING OFFICIAL BUSINESS.
- In Whitehall, it is a crime to hamper or impede a police officer or other public officialin the performance of his or her official This charge encompasses a wide range of acts, including, for example: Lying to a police officer; Fleeing from an officer after being ordered to stop.
- This charge is a second-degree misdemeanor and carries a maximum penalty of 90 days in jail and a $750 fine.
537.04 CRIMINAL DAMAGING OR ENDANGERING.
- It is a crime in Whitehall to knowingly or recklessly cause, or create a substantial risk of physical harm to someone else’s property without that person’s consent.
- “A violation of this section is a misdemeanor of the second degree. If violation of this section creates a risk of physical harm to any person, criminal damaging or endangering is a misdemeanor of the first degree.”
- The maximum penalty one faces is 6 months in jail and a $1,000 fine.
- Whitehall defines theft as purposely depriving the owner of property or services, or purposely exerting control over either the property or services of another without consent.
- This charge is a first-degree misdemeanor and carries a maximum penalty of 6 months in jail and a $1,000 fine. The magistrate may also order restitution be paid.
- If the theft involved taking gasoline from a gas station, the magistrate may also suspend the defendant’s license for 6 months.
POTENTIAL WHITEHALL PENALTIES
Under the Whitehall Code, someone who pleads guilty or no contest to a criminal offense can face the following penalties:
- Minor Misdemeanor: A fine of up to $150;
- Fourth-Degree Misdemeanor: A fine of up to $250, and up to 30 days in jail.
- Third-Degree Misdemeanor: A fine of up to $500, and up to 60 days in jail.
- Second-Degree Misdemeanor: A fine of up to $750, and up to 90 days in jail.
- First-Degree Misdemeanor A fine of up to $1,000, and up to 180 days in jail.
YOUR WHITEHALL MAYOR’S COURT ATTORNEY
If you are facing a traffic or criminal charge in the Whitehall Mayor’s Court, talk to our Whitehall criminal defense attorney about possible defenses to your charges. Attorney Douglas Riddell, our Whitehall criminal defense attorney, offers free consultations and flexible payment options.
Criminal and traffic misdemeanor charges can not only mean fines and possible jail time, but can also affect future employment prospects. Talk to a Whitehall attorney about your options toward avoiding a criminal charge on your record
To begin the process and discuss representation for your Whitehall, Ohio DUI / OVI, speeding, traffic or criminal charge, call us at 614-361-2804. Because we know DUI and criminal charges rarely happen during 9:00-5:00 working hours, Attorney Douglas Riddell is there to take your call after hours, on evenings, weekends, and holidays.
Whitehall Mayor’s Court