February 20, 2017

Should I Refuse a Breathalyzer Test?

Filed under: General — Casper & Casper @ 8:44 pm

Like many questions asked of lawyers, the answer to the question “Should I refuse to take a breathalyzer test?” is that it depends.

This may not be the most satisfying answer, but it’s the one that any good, responsible lawyer will tell you. Keep reading to find out the factors that should influence your decision.

Should I refuse a breathalyzer test? Women pulled over by cop.

Consequences for Refusal

There are significant consequences for refusing to take a BAC test:

  • 1st refusal: Automatic one-year license suspension
  • 2nd refusal: Automatic two-year license suspension
  • 3rd refusal: Automatic three-year license suspension
  • License re-instatement fee of several hundred dollars at the end of suspension

 
If you have any previous OVI convictions on your record and refuse a BAC test, the court will likely increase the length of time of your suspension.

These penalties can apply even if you are not convicted of an OVI. This is a very important note: many drivers think that, by refusing to take the Breathalyzer, they are avoiding all penalties by avoiding an OVI conviction; however, they may still end up with penalties from the refusal.

If you do refuse a BAC test, know that all is not lost. You are allowed to appeal an automatic license suspension for a number of reasons.

You Decide

With all that said, why would you want to refuse to take a chemical test? One reason is that, if you take the test and your results show that your BAC is more than 0.17, the penalties and charges you face will be more severe. Another is that it may be more difficult for prosecutors to build a case against you if you refuse to take all field sobriety and chemical tests.

It is up to you to decide whether or not submitting to a BAC test is in your best interests.

If you are pulled over under suspicion of drunk driving, the best thing you can do is to calmly cooperate while asserting your rights. Besides giving the officer your identifying information, you are not required to answer such questions as, “Have you been drinking tonight?”

These types of questions are designed so that you incriminate yourself. Instead, you may politely tell the officer that you will not answer any more questions without the advice of an attorney. Remember that, while the officer may seem to be just chatting with you, he or she is actually looking for evidence to use against you. You also do not have to submit to field sobriety tests (such as the walk-the-line or pen tests). It is not a crime to refuse to take them.

After an Arrest

Whatever you decide, know that Casper & Casper is here to help you fight an OVI charge and license suspension.

We are a team of experienced and understanding OVI defense attorneys in Middletown, Ohio who know what it takes to successfully overcome OVI-related charges and penalties.

We’ll work with you to develop a plan for your specific case. Depending on your unique situation, we will advocate to appeal your automatic license suspension or restore driving privileges lost from an over-the-limit test result. We will also work to avoid an OVI conviction or lessen the penalties you face.

If you are facing OVI charges, contact Casper & Casper today for a free consultation. During this consultation, we will listen to you, let you know your options, and help you determine the best path to take to fight your charges.

 

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February 9, 2017

Shop Local, including Attorneys

Filed under: General — Casper & Casper @ 4:12 pm

There are lots of reasons why people buy goods from national corporations: a large selection of products and free two-day shipping, for example. When it comes to some things, however, local is simply better.

why it is better to shop local

An attorney is one of those things.

Why is it in your best interests to hire a local attorney? Read the top reasons, below, you should consider hiring a local lawyer to resolve your legal issue.

#1 You can easily get recommendations for a local attorney

Local law firms have a reputation, good or bad, in their community. People who have lived in your community for years, including your friends and neighbors, will be able to tell you their experience with various firms. When you ask around, you will get recommendations from people you know and whose opinions you trust. You’ll be able to find out which law firms just look good on paper and which will truly go the extra mile for their clients.

If you want to know more about an out-of-town law firm, you won’t be able to get the same in-depth information. You can look them up online, but it can be hard to make a decision by reading brief reviews written by people you don’t know.

#2 A local attorney will be more accessible

There are three things that most people look for in an attorney: experience, a professional and caring demeanor, and access. While it’s true that you can find experienced, professional attorneys in and out of town, you will only get the best access to your attorney if he or she is local.

If your attorney is local, you will be able to have face-to-face meetings with him or her more often. The firm’s office will be nearby, which means you’ll be able to stop in to ask questions or drop off documents. You’ll also be able to reach your attorney in an emergency, and he or she will be able to arrive more quickly.

Conversely, if your attorney is out-of-town, you will likely do a lot of your business over the phone and by mail. This can slow down the process considerably and cause you a lot of extra hassle. In addition, you may speak to a lot of paralegals and junior associates and have little contact with your actual attorney. You’ll likely end up feeling like a number, instead of the person with important needs and desires that you are.

#3 A local attorney will be well-known within the community

A good local attorney who has practiced for years in your community will be well-respected by members of the legal profession. This attorney will have experience working with other lawyers, judges, physicians, and other professionals in the area. He or she will have intimate knowledge of the local courts and will be familiar with their procedure’s peculiar quirks, giving him or her an advantage in legal proceedings.

A local attorney will have worked hard to maintain a reputation of professionalism and integrity among his or her peers. Having an attorney who is well-respected in the community can only improve your experience.

#4 A local attorney may be less costly

When you hire a local attorney, you won’t have to worry about paying high travel costs, like mileage, hotel stays, and meals. Since your attorney is local, he or she will be able to quickly and inexpensively travel to attend meetings, interview witnesses, and represent you in court. This means, of course, more money and less worry for you.

#5 Supporting a local attorney means supporting your community

An attorney is in many ways a businessperson. He or she may work at a firm that employs, in addition to the attorneys, a number of paralegals, receptionists, and other professionals. These are people who live and work in your community. By supporting them, you are ensuring that the money you spend stays in the community. We believe this is something you can feel good about.

Choosing an attorney is an important decision, and we hope that the information above helped you feel more confident making it. Whether you decide to go with a local or an out-of-town attorney, make sure to hire one who cares about you and your success.

At Casper & Casper Law, we care about our community and the people in it. We want the opportunity to help you.

Our team of attorneys are experienced in personal injury, workers’ compensation, Social Security Disability, and OVI law. If you have a legal issue in one of these areas, contact us for a free consultation. We’d be happy to sit down with you, discuss your needs, and, if you choose us, determine how we can get the best possible outcome for your case.