St. Patrick’s Day 2013 is the time of the year that has several checkpoints in virtually every city that we represent clients in. This includes Akron and the cities and courts that surround the city.

First, you need to know that just because you were stopped and arrested at a DUI checkpoint that you still have rights and you still have options. You need to decide what you should do in the way to best protect yourself.

Second, you need to understand exactly what you are facing and what the possible penalties are. Most people do not understand how serious a DUI conviction can be, even on a first offense DUI.

A first offense DUI, even if it is the fist time you have been convicted, carries with it a mandatory jail sentence. That is right a mandatory jail sentence.

On top of that you could lose your license for anywhere from six months to three full years. The police officer probably told you that if you failed the test that it would be a 90 day suspension, and if you refused a one year suspension.

If you are looking for help on your case give us a call at (330) 752-6706 and ask to speak to me, Joseph Patituce. I am a Akron DUI Lawyer who, if I agree to take your case on, promise to treat you and your case with the respect and dignity that you deserve.

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How Long Can You Lose Your License On A First Offense DUI?

One of the most problematic results of being stopped for a DUI is that you are going to lose your license, at least temporarily, one way or the other. Once an officer smells the odor of alcohol on your breath and you are behind the wheel the officer has already made the decision to arrest you – he is now thinking through how he will pull it off.

I say your license is going to be suspended one way or the other because if you refuse the field tests he will cite you with an OVI refusal and take your license administratively for one year. If you take the breath test and fail he is going to take it for 90 days. The catch here is he does not tell you that the court will suspend your license for a minimum of six months up to three full years on a first offense.

How do you avoid this? You hire the best attorney you can afford.

There are methods to use to get around both the administrative suspension and the court imposed suspension – they are complicated and highly dependent upon the facts of your case.

If you would like to learn more call us at (330) 752-6706. Ask to speak to, me, Joseph Patituce. I am an Akron DUI Attorney who promises to treat you with the respect and dignity that you deserve. The call is confidential and without any obligation.

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Why You Should Hire A DUI Attorney For Your DUI Charges

Consider this: all DUI charges in Ohio carry mandatory jail time, a mandatory license suspension of 6 months to 3 years, and six points on your license. As a result of a DUI conviction you could lose your job, lose your home, face tremendously high insurance rates for years.

A DUI is a criminal charge, in fact it is the highest level misdemeanor in the state. Knowing that, the question should be why wouldn’t you hire an attorney?

The goal of hiring a DUI attorney to defend you is to avoid a conviction, but the point can also be to reduce or mitigate your exposure too. For instance, even if you were throwing up on the hood of the cruiser there is something that an attorney can do for you.

An experienced DUI attorney can be the difference between a lengthy and harsh punishment and freedom.

Call us at (330) 752-6706 and ask to speak to me, Joe Patituce, regarding your matter. If I agree to take your case on I promise that my team and I will treat you with the respect and dignity that you deserve.

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Why You Lost Your License After A DUI/OVI Arrest In Akron

When you were pulled over, took the field sobriety tests, and failed the breath test the police officer was required by Ohio law to take your driver’s license and place you under an administrative license suspension – even if this was your first time ever being arrested.

It is important to know that there are two types of license suspensions involved in any DUI/OVI case – the first is administrative (also known as the ALS suspension), the second is a court imposed suspension. It is important that you look to retain the services of an Akron DUI Lawyer to protect your rights.

If you tested over .08 your license has been administratively suspended for 90 days on a first offense, if you refused your license has been suspended for 1 full year. Typically, there is a hard cap, or limit, on when we can obtain privileges for you. On a failed breath test we can typically not obtain privileges until 15 days after your arrest, on a refusal it is 30 days. There are important exceptions to this, you need to call an attorney immediately to find out how you might be able to drive right away.

There is a method to obtain privileges faster, and in some of the courts that we practice in we can obtain them at your arraignment – but this is rare, and difficult to do.

Call us at (330) 752-6706 if you are serious about getting your license back and protecting yourself from your DUI Charges. Ask to speak to me, Joseph Patituce, I am an Akron DUI Attorney. I promise that if I take on your case you will be treated with the respect and dignity that you deserve.

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Should I Plea Guilty Or No Conest At The First Hearing?

No.

If you plea no-contest or guilty at your first court appearance you are going to be confined for a minimum of 3 or 6 days, depending on your case, up to a maximum of 180 days. You will lose your license for a minimum of six months up to three full years, you face the registered (party plates) and other penalties.

Every day I sit in courts across this state and I see people walk into court and believe that they are throwing themselves upon the mercy of the court. Unfortunately, these people all learn that even the judges have no power to go under the minimums. Some people learn that the judges want to go far above them in certain cases.

Just today I sat in court waiting for my client’s case to be called. A physician walked in, plead no contest, told the judge all about his lack of criminal record and his utter remorse. It sounded like a very true story, everyone felt bad for him. The judge then sentenced him to 6 days in jail, suspended his license for 6 months, required him to put the party plates on his car, required the interlock device.

Was this because the judge was one of those harsh “hang em” judges? Absolutely not. This judge is a remarkable person who does his best to make sure the punishment fits the facts and the crime. I have a great deal of respect for him.

Rather the judge is bound by the law. This is why you need to first hire an attorney and enter a not guilty plea. This is what my client did, and when I received the discovery (evidence) I noticed that the machine’s calibration was out of date – my client will not be pleading guilty to a DUI/OVI.

If you want to learn more about how we can help you call us at (330) 752-6706. Ask to speak to me, Joseph Patituce, I am a DUI Attorney in Akron, who if I agree to take your case on promise that you will be treated with the respect and dignity that you deserve.

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How Long Is The License Suspension On A First Offense DUI/OVI?

One of the biggest issues facing our clients is the potentially devastating loss of the ability to drive. On a first offense DUI, in Ohio, you will lose your license for a minimum six months up to a maximum of three years upon conviction – this means that it is important to hire an experienced DUI attorney.

There are also two types of suspensions that are involved in a standard DUI/OVI case. The first suspension is the suspension that you received at the time of your arrest, or the ALS. The second suspension is the suspension that you receive at the time of your conviction (hopefully you hired an experienced DUI attorney that could help you avoid that).

Every day I see people who are unrepresented, or represented by an attorney that does not practice DUI defense, walk into court and beg for mercy. Most of these people are good, honest, people who all have good jobs.

It is important that both the ALS and the court suspension are properly managed. Ohio law requires that you obtain credit for the time you have spent on your suspension, but this is often overlooked by people who do not know what to look for.

In Ohio the law is clear, the court must suspend your driver’s license for a minimum of 6 months up to 3 years on a first offense. The court has no choice, and this is why you need to hire someone who knows exactly what they are doing.

Then people ask “What’s the difference, why hire an attorney… I blew over!” The vast majority of our clients are people who failed a breath test and many of them reach a result other than a license suspension. Each case is difference, and you need someone who can take a look at the evidence and challenge it.

Call (330) 752-6706 and ask to speak to me, Joseph Patituce, a DUI Attorney in Akron. The call is completely confidential and without any obligation. If I agree to take your matter on I promise that my team and I will treat you with the respect and professionalism that you deserve.

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What Happens At Your First Hearing In Akron Municipal Court?

If you have been arrested for a DUI/OVI in the Akron area you have most likely been summoned to appear at Akron Municipal Court in Downtown Akron. Most people have had no experience with the legal system and are often filled with some amount of understandable worry about what happens at their first appearance.

Your first appearance is the stage of your case where you appear, with an attorney, and enter a plea of not guilty to all of the charges you face. Now, in a practical sense you may very well be guilty but you must still enter a plea of not guilty.

If you enter a plea of no contest, or guilty, in an attempt to throw yourself on the mercy of the court you will find out that even on a first offense you MUST be incarcerated in either jail or a three day confined class. In some cases your first offense can carry a mandatory minimum of six full days in jail.

After you enter your plea of not guilty your case will be assigned to one of the municipal judges, a first pretrial hearing will be set. A pretrial is the first time for the prosecutor and your attorney to formally meet and exchange evidence. From this point additional court dates will be set if necessary.

If you would like to learn more call us at (330) 752-6706. The call is confidential and without any obligation on your part. Ask to speak to me, Joseph Patituce, I am an Akron DUI Lawyer who if I agree to take your case on promise that my team and I will treat you with the respect and dignity that you deserve.

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Should You Hire An Attorney For A DUI In Ravenna?

I spend most of my days, Monday through Friday, sitting in courtrooms across two different states. One thing that always shocks me is that there are a large number of people who walk into court without having hired an attorney.

I always tell people who ask whether or not they should hire an attorney for a DUI that not hiring an attorney is the same as performing major surgery on yourself – a bad idea.

Think about it this way; on a first offense there are mandatory penalties: jail, registered plates, interlock devices, and you will lose your license for a period somewhere between six months and three years.

Most people do not realize how much trouble they are in, because most people have never been arrested before and put through the legal system. A DUI has certain mandatory minimums and other requirements that that police do not tell you about when they are trying to trick you into taking a breath test. For instance the police tell you that if you take and fail the test you only lose your license for 90 days, or a year if you refuse.

What the police do not tell you is that if you get convicted you must lose your license for a period between six months and three years, on a first offense.

If you would like to learn more give us a call at (330) 752-6706. Ask to speak to me, Joseph Patituce, I am an Akron DUI Lawyer who if I agree to take your case on promise that my staff and I will treat you with the respect and dignity that you deserve.

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Can I Get Driving Privileges After A DUI Arrest?

One of the first questions that clients have for us is how long will it take before they can drive. Most of our clients need to drive, and they need to drive as soon as possible. This makes sense as the ability to drive is central to our everyday life. We drive for work, school, and our families.

There are two ways to obtain driving privileges. Both carry risks and rewards that need to be evaluated on a case by case basis. Many attorneys who do not practice this area of law frequently run head long into them without much thought. Fortunately, as former prosecutors we know how to tailor the situation to best work for you.

The first method I want to discuss is the ALS appeal/stay. When you failed your breath test, or you refused it, you were placed under a suspension. The ALS appeal/stay requests that the court immediately give you full driving privileges back, and reinstate your license. This can happen before any minimum suspension time is up. There is a lot of risk here though, if you want to explore this option give us a call.

The second method is to petition the court for limited privileges for work, school, and other permitted matters. This does not restore your full ability to drive, however, it does get you driving again. One drawback here is that there are minimum amounts of time that you need to wait before driving. This route is often safer and more conservative, but you should discuss this with your attorney.

If you would like help getting back on the road call us at (330) 752-6706. Ask to speak to me, Joseph Patituce, I am an Akron DUI Attorney who routinely helps his clients obtain driving privileges while we aggressively fight their DUI charges.

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Can A Breath Test Result Be Thrown Out?

It has been my experience that often people take a breath test for one of three reasons: (1) They want to comply with the police officer, (2) they are unaware of their rights, (3) they believe they have no choice but to take the test. Fortunately, a breath test result can be thrown out under certain circumstances. It makes hiring an attorney all the more important if you want to avoid the mandatory jail time associated with a first offense.

Ohio has three different type of breath testing machines that can be used in court. The machines all have issues specific to them that need to be raised, and challenged, at hearing in order to have the test thrown out. There are also procedural issues leading up to the breath test that need to be challenged. If the police officer should not have arrested you, for example, they cannot force you to take a breath test.

If you would like to learn more about how we can help beat your breath test give us a call at (330) 752-6706. Ask to speak to me, Joseph Patituce, I am a DUI Attorney in Akron and if I agree to take your matter on I promise that you will be treated with the respect and dignity that you deserve. The call is confidential.

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