My sisters ex "hit a patch of ice" on Christmas Eve. He declined a breathalyser (he had a previous DUI about a year or year and a half ago). He also had his two young boys in the car with him so is being charged with child endangering. Funny thing is, the cop let him continue driving home with the two boys in the car, go figure. Anyway.... he has his court date January 22, we live in Ohio, anyone know what the judge would/could do to him for all this?
2007-12-27 12:12:15 · 8 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Just incase you didn't get my sarcasm there was no ice, no snow, no bad weather at all. It was in the 40s that night.
2007-12-27 12:41:23 · update #1
He wasn't charged with DUI, so refusing the breathalyzer doesn't mean anything. Child endangerment is an unusual charge, and usually does go along with a DUI if there are children in the vehicle. He must have really lost control of the car to receive that charge.
Please don't add in that he was charged with DUI. If he was, he would have been arrested, and not allowed to continue driving.
Edit. Thank you for your email. I'm sure you didn't receive all the information. Refusal of a breathalyzer is an automatic suspension by the DMV, and I'm sure the children were taken care of by the Police.
2007-12-27 13:59:29 · answer #1 · answered by CGIV76 7 · 1⤊ 0⤋
Not sure on Ohio but ' Implied consent' pattern in other states like Wisconsin means automatic license suspension. Few valid reasons to refuse some kind of Blood/Alcy test , reinstatement of license after 3 to 6 months may require drunk evaluation. If he wasn't cited for possible drunk driving - weather conditions as reason for traffic spin- then he wouldn't have to worry as much- you say court date- is it a specific drunken driving or a failure to submit to breathalyser test ticket? As a second offense drunk driving he MIGHT be better with the refusal- he now only faces a suspension for relatively short time with a possibility of work driving allowance and fine while a repeat drunk conviction may mean revocation, bigger fine, and possible jail time. Wisconsin politician had this situation couple years back- took the suspension and fine for refusal instead of possible drunk charge.
2007-12-27 12:28:11 · answer #2 · answered by Anonymous · 1⤊ 1⤋
normally, when you refuse the test, you get thrown in jail. you then get an automatic license suspension for up to 6 mos, and then appear in court. but, with no actual evidence of how much alcohol you had in your system, it would be hard to convict on a dui charge b/c there is no evidence of actually being under the influence. you could then ask for a dismissal or a lesser charge of public intoxication which is just a class c misdemeanor with a small fine.
2007-12-27 12:25:50 · answer #3 · answered by dirtyrat 1 · 0⤊ 1⤋
Either your information is false, or the officer didn't really think he was drunk. Refusing a breathalyser results in IMMEDIATE suspension of your license for a MINIMUM of 90 days. This is ENTIRELY independent of any punishment given by the court.
2007-12-27 12:43:15 · answer #4 · answered by STEVEN F 7 · 0⤊ 0⤋
He is considered to be admitting guilt, and will face the maximum charges with no possible defense.
If he at least took the breathalizer, there is a chance he could have been below the limit, or they could have challenged the accuracy of the breathalizer. He could also ask for a second test at the hospital.
2007-12-27 12:15:26 · answer #5 · answered by Anonymous · 1⤊ 3⤋
He will automatically get a DUI , My son did , when you refuse you get one , then you will have to fight it.
2007-12-27 12:18:11 · answer #6 · answered by Anonymous · 2⤊ 1⤋
if all else fales you can go to
find law.com, or you can go to mega law.com to find answers of the peanal codes in ohio.
2007-12-27 12:40:21 · answer #7 · answered by csaffell67 2 · 0⤊ 1⤋
its beetr to give the test becasue these police man r not lenient
2007-12-27 12:17:11 · answer #8 · answered by arbab k 4 · 0⤊ 2⤋