Drunk driving defense lawyer Kelly Farrish, Attorney at Law, is located in Cincinnati, Ohio. The Ohio laws surrounding Drunk Driving and related traffic offenses are upheld in a court of law where the testimony and actions of police are highly regarded. If you are arrested for alcohol-related traffic offense, you need an attorney with the courtroom experience to present your side of the story as strategically as possible. Cincinnati Drunk Driving lawyer Kelly Farrish has built his practice on defending those arrested and accused of Drunk Driving, traffic-related crimes and criminal defense, and possesses the ability to provide aggressive defense for clients involved in any of the following matters:

Ohio Drunk Driving:
In the state of Ohio, it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

In order to be convicted of drunk driving, the prosecution must prove that the defendant was driving or possessed actual physical control of a vehicle while under the influence of drugs or alcohol at the time of arrest. Evidence must show that the arresting officer had a reasonable, definite suspicion for stopping or approaching the vehicle, or if stopped at a roadblock, that the roadblock was conducted in accordance with the Fourth Amendment to the U.S. Constitution.

DUI:
“DUI” stands for Driving Under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their Blood Alcohol Content is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or Ohio BMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender’s expense) of a car ignition locking device. In addition, a DUI conviction stays on an Ohio BMV record for at least 7 years; it typically results in higher insurance premiums, and an offender may become ineligible for credit. Plus, a DUI could also jeopardize your employment opportunities.

However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.

Operating A Vehicle While Impaired (OVI):
Generally known as a DUI, Ohio refers to driving under the influence of alcohol as operating a vehicle while impaired (OVI). Ohio’s legal drinking age for beer and liquor is 21. Evidence of impaired driving is based on physical findings by the arresting officer and the results of a blood, breath or urine test. It is unlawful to operate a motor vehicle with a blood-alcohol concentration (BAC) of .08 percent or higher.

Driving With A Suspended License:
Driving with a suspended or revoked license in Ohio is considered a crime and can result in heavy fines and possible jail time. At worst, it may be considered a felony and the offender could end up in state prison or with an obligation to perform many hours of community service. The penalties are typically heaviest if the license suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs (DUI).

Driver’s License Revocation:
Typically, a driver’s license will not be revoked for one or even two traffic tickets resulting from a moving violation such as speeding, running a stoplight or stop sign. However, if the offense is extremely reckless and/or if the driver has had previous convictions for moving violations in the past, his or her license may be revoked or suspended. If the driver is charged with drunk driving, reckless driving, or is involved in a hit-and-run, the defendant’s license may be suspended for a year or more.

Other Traffic Crimes:
Traffic crimes are specifically addressed in state statutes. There is an entire body of law that regulates the operation of motor vehicles on the streets and highways. The laws related to operating a vehicle can be difficult to interpret and apply. It is important to contact an experienced DUI defense lawyer if you have been charged with a Drunk Driving related traffic crime. To learn more about traffic related criminal charges, contact Cincinnati, Ohio Drunk Driving Attorney Kelly Farrish.

Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.

Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.

Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.

Fraud:
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly.  Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar. Fraud can be committed through many methods including mail, wire, phone and the internet.

Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.

Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.

One of the most serious areas of violent crime is homicide - killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides. Unlawful homicide comprises the two crimes of murder and manslaughter.

White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.

Criminal Law are laws established by Congress and state legislators that make certain behavior among citizens illegal and punishable by fines and/or imprisonment. In order to be found guilty of a criminal law, the prosecution must prove beyond a reasonable doubt that the defendant engaged in criminal activity that was intentional and deliberate.

When a society and its government deem that certain behavior or conduct is dangerous to citizens, or collectively damaging to society, such conduct is labeled a "crime" and is made punishable by sanctions, such as fines and imprisonment. Most crimes are identified in statutes that have been enacted by federal, state, and local government legislatures, in response to issues that affect the jurisdiction. Criminal statutes describe the type of conduct that has been deemed a crime, the mindset or intent required, and in some instances, the proper punishment.

Expungement Motions:
An Expungement of your record results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency. The records that are expunged include complaints, warrants, arrests reports, commitments, criminal history records, fingerprints and your rap sheet.

Contrary to popular belief, your record is not automatically cleared or expunged with the passage of time. Even if you were never found guilty, an arrest is not expunged unless a court grants your Expungement petition. State statutes impose application guidelines and waiting periods for various types of arrests and convictions. The guidelines provide instruction for what can be expunged and set forth certain specific types of offenses that cannot. The guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.

It is important to note that an Expungement does not destroy records; it extracts and isolates the records. Under most circumstances, once an Expungement has been granted those records cannot be disclosed. A person who has been granted an Expungement can respond that he or she has no conviction when asked a question about having a criminal record. Exceptions to this rule include a person seeking a second Expungement, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.

What to bring to a consultation:

• A copy of all papers pertaining to your arrest(s);
• A copy of all court papers pertaining to the disposition of the charge(s) you want expunged; and,
• A copy of any report pertaining to the completion of any probationary or diversionary treatment program.

Juvenile Delinquency:
Delinquency is a legal term for criminal behavior carried out by a juvenile. Delinquent behavior is divided into two categories: status offenses and delinquency offenses. Status offenses are those acts which would not be considered offenses if committed by an adult, such as school truancy, running away from home, alcohol possession or use, or curfew violations. Juvenile Delinquency offenses involve destruction or theft of property, commission of violent crimes against persons, illegal weapon possession, or the possession or sale of illegal drugs.

Juvenile Court:
Juvenile court is unique and should not be treated as if it were adult court for young clients.  While the substantive criminal law is the same in juvenile and adult court, the procedures and sentencing law are substantially different.  The consequences of a misstep by an attorney inexperienced in juvenile matters can be devastating. For example, contrary to what many parents believe, a juvenile conviction is not removed from a child's record when he or she turns 18.

Despite the rehabilitative focus of juvenile court, juvenile convictions are counted as criminal history in future cases.  They also remain on state criminal records databases and may affect a young person's ability to enter college, obtain employment, financial aid, a driver's license or join the military.   Additionally, juvenile convictions can result in commitment to a juvenile detention facility or institution for periods ranging from days to months and even years. Worse, in some cases, a child may end up being prosecuted in adult court where the punishment is even more severe.

Appellate and Post Conviction:
In an appeal, an appellate court reviews the record of the pre-trial and trial proceedings for legal errors. The record includes the court file, the court reporter's transcript and the evidence and exhibits introduced in the trial court. In general, an appellate court does not consider information that is not contained in the record.

A post-conviction petition is the general name for what is called a "collateral attack" on a conviction. In federal court, they are called habeas corpus petitions. By using a post-conviction petition, a defendant generally can bring evidence before the reviewing court that was not part of the record on appeal, and in this way raise issues that would otherwise not be reviewed.

Internet Crime:
Internet crime is defined as any illegal activity involving one or more components of the Internet such as websites, chat rooms and/or email. Internet crime involves the use of the Internet to communicate false or fraudulent representations to consumers. These crimes may include, but are not limited to, advance-fee schemes, non-delivery of goods or services, computer hacking, phishing, pharming, programming worms, viruses or employment/business opportunity schemes.

Sex Crimes:
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases.

In addition to the above practice areas, Kelly Farrish, Attorney at Law, also represents clients in Personal Injury, Appeals and Probation Violation cases.

If you or someone you know in Cincinnati, Ohio, or anywhere within the state of Ohio needs the assistance or legal counsel of an experienced DUI defense lawyer, contact Kelly Farrish, Attorney at Law, today at 513-824-8972, or use the contact form provided on this site to schedule a free consultation with a dedicated Cincinnati drunk driving Attorney.

Cincinnati, Ohio DUI Frequently Asked Questions

The following information includes frequently asked drunk driving questions. The answers stated are general in nature and are not intended to apply to every DUI defense situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Cincinnati, Ohio DUI defense lawyer Kelly Farrish, Attorney at Law, you can receive a personal consultation regarding your specific criminal defense case.

Is A DUI Conviction A Felony?

A first-time DUI conviction is normally charged as a misdemeanor, not a felony. However, if someone was injured as a result of the drunk driving, the charges can be elevated to a felony . If anyone dies as a result of drunk driving, the defendant can be charged with vehicular manslaughter.

Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge. Whether a DUI conviction ends up as a misdemeanor or a felony depends heavily upon the type and length of the punishment for the crime. For example, misdemeanors carry the possibility of incarceration in the county or local jail for one year or less; felonies usually require a state prison term for more than a year.

What Criminal Penalties Follow A DUI Conviction?

A DUI conviction may affix criminal penalties such as fines, jail, probation and/or community service. There are mandatory minimum penalties for first-time offenses and increased penalties for each additional offense thereafter. Conservative Judges and Prosecutors will seek lengthy jail sentences for multiple offenders - especially for those who are still on probation for a prior offense. It is therefore critical to have an experienced DUI Attorney who is familiar with the Court you are assigned and how to avoid harsh jail sentences.

The severity of criminal penalties will vary according to the circumstances of the offense that include, but are not limited to: whether the driver has a history of DUI violations, whether the driver was operating a commercial vehicle at the time of the DUI, whether the DUI violation occurred while there was a child in the vehicle, whether the DUI violation occurred simultaneously with another dangerous moving violation; i.e., reckless driving, whether the DUI violation involved a car accident in which property damage occurred, whether the DUI violation involved a car accident in which another person was injured or killed, and whether the driver was under the legal drinking age at the time of the DUI violation.

Now, more than ever, a multiple offender needs an attorney dedicated to DUI defense. An Attorney who specializes in DUI Defense can guide you through the legal process in ways that could substantially reduce any suspension imposed by 50-100%, even if your case cannot be won outright. Please contact Kelly Farrish, Attorney at Law, today to learn more.

What If I Refused To Take A Chemical Test?

If you refused a chemical test or failed to complete a chemical test, you face a one-to-three year suspension from the Ohio BMV. Some Police Departments will actually force you to take a blood test even if you refuse and then use the results against you in Court . This is the worst of all possible scenarios since you will be subject to penalties for refusals and the results of the blood test still comes in at your trial.

There are many successful ways to defend a Refusal Case. The officer is required to properly advise you of the consequences if you refuse and many officers fail to give the required admonition correctly or they may confuse a driver. Officers will also improperly deny a driver the right to take and complete a breath test.

Do I Need A Lawyer?

If you fall within any of the following categories you should consult an Attorney who specializes in DUI defense:

• DUI Drivers Who Injure Or Kill Others
• DUI Drivers Who Were Involved In An Accident
• DUI Drivers With Prior Convictions
• DUI Drivers Who Have Refusals Alleged
• DUI Drivers Who Have Levels Of 0.15% or Greater
• DUI Drivers Who Hit And Run
• DUI Drivers On Probation
• DUI Drivers Under The Age Of 21
• DUI Drivers Who Were Speeding In Excess Of 30 Mph Of The Posted Speed Limit
• DUI Drivers Who Have Children Under 14 Years Old In The Vehicle
• DUI Drivers With Medical Conditions That Could Affect Field Sobriety Testing
• DUI Drivers With Medical Conditions That Could Affect Chemical Testing
• DUI Drivers Who Were Stopped By Police Within 1 Hour Of Last Drink
• DUI Drivers Who Were Stopped At Checkpoints
• DUI Drivers Who Were Stopped By Police Without Cause or Reasonable Suspicion
• DUI Drivers Who Feel That They Were Not Impaired By Alcohol Or Drugs
• DUI Drivers Arrested For Driving Under The Influence Of Prescription Medication
• DUI Drivers Who Have A Low BAC (0.10% Or Lower)
• DUI Drivers Who Risk Job Loss If Drivers License Is Suspended Or If Convicted Of DUI
• DUI Drivers Who Hold Commercial Licenses

Judges in many Ohio Courts will treat some of these drivers differently , from their initial appearance in Court to the final sentence that is imposed. Some of these differences are required by law, such as mandatory minimum jail sentences for certain offenses or for multiple convictions; others are at the discretion of the individual judge . Many judges will set additional bail for multiple offenders and remand them into custody until a bond is posted. Drivers who are currently on probation will have their probation revoked and a probation violation hearing will be set. A probation violation for a prior offense could lead to additional jail time.

Can Field Sobriety Tests Be Challenged?

The gymnastics that you were asked to perform on the side of the road under abnormal conditions were not designed to objectively determine whether you were in fact impaired by alcohol. Police and prosecutors use them to collect evidence against you. They cannot be passed. They are judged by negative scoring; thus, you get no credit for doing things correctly. You can do a test perfectly and still fail the test because the Officer thought you performed in a "slow deliberate manner."

Police in Cincinnati, Ohio routinely use field exercises that were rejected after exhaustive studies under expensive federal grants. These include the following: The Alphabet Test; The Finger Count Test; Counting Backwards; Touching Finger to Nose Test; Modified Balance Test—estimate 30 seconds with eye closed and head tilted back.

These Field Sobriety Tests are not scientific or reliable. In many cases in Ohio, these tests are conducted by police officers in a manner which is not approved by the National Highway Traffic Safety Administration.

Proper cross-examination of the arresting officer can demonstrate that these exercises do not predict impairment for the purposes of driving a motor vehicle. The scientist hired by the National Highway Traffic Safety Administration, Marceline Burns, has admitted that the field tests do not measure impairment. She has also admitted that they are unreliable unless administered in strict compliance with standardized testing procedures.

A recent published scientific study evaluated 100 videotapes of police conducting the follow the pen eye test and found that each and every officer performed the test wrong. Cross-examination of police officers with their very own training manuals routinely demonstrates their lack of knowledge and skill.

10 Ways to Discredit Field Sobriety Tests:

1. Field Sobriety Tests Are Not Scientific
2. The Officer Was Not Properly Trained
3. The Officer Did Not Use Standardized NHTSA Tests
4. The Officer Did Not Properly Instruct You On How To Perform Tests
5. The Officer Did Not Use Objective Standardized Scoring Criteria
6. The Officer Had You Perform The Tests Under Improper Conditions
7. Your Age Or Weight Make You An Improper Candidate For Tests
8. You Have A Physical Disability That Makes You An Improper Candidate For Tests
9. You Have A Psychological Condition That Makes You An Improper Subject For Tests
10. The Officer Lied About Your Performance On The Tests

Can I Challenge The Results Of A Breath Test?

The validity of breath testing rests upon a vast array of assumptions that can be attacked by an experienced DUI attorney in a wide variety of cases.

COMMON ASSUMPTIONS:

1. The machine is in proper working order and has been properly calibrated.
   Even if everything is in proper working condition, there can be an acceptable variation of +/- 0.02%. If your result is a 0.10%, that's a 20% error factor. How would you feel if the altimeter of an airplane was 20% off?
2. The sample was properly obtained.
   The law requires that you be under continuous observation for 15 minutes prior to your breath test to prevent "MOUTH ALCOHOL." If the operator of the breath device did not have you under continuous observation for 15 minutes prior to testing, your test may be invalid. Even if you were observed, you may still have medical conditions that may make you an improper candidate for breath testing. These conditions include common ailments such as heartburn and gum disease.
3. The sample was obtained after defendant absorbed all the alcohol.
   Breath testing assumes that the subject is post absorptive. This is important because the machine is calibrated to multiply the breath result by 2100 to calculate your blood alcohol level. If you were still absorbing alcohol, this would tend to significantly over report your true blood levels.
4. The temperature of the defendant’s breath was 34 degrees centigrade.
   State of the art breath testing equipment actually measures the temperature of your breath and will subtract any false high result due to elevated breath temperature. Studies done with breath testing equipment establish that the real average breath temperature for arrestees in DUI cases is closer to 35.5 with readings actually over 37. This alone would cause a false high of between 10 to 20%.

10 COMMON CHALLENGES TO BREATH TESTS:

1. The Machine Was Not Properly Operated
2. The Machine Was Not Properly Maintained
3. The Machine Was Not Properly Calibrated
4. The Machine Was Affected By Radio Frequency Interference (Police Radio etc.)
5. The Machine Has An "Acceptable" Range Of +/- .02%
6. Your Body Temperature Was Greater Than 98.6
7. You Were Tested Within 2 Hours From Your Last Drink
8. You Have Medical Or Dental Problems That Make You An Improper Candidate For Breath Testing
9. The Officer Did Not Have You Under Continuous Observation For 15 Minutes Prior To Giving You The Breath Test
10. Your Symptoms And Drinking Pattern Are Inconsistent With The Test Result

Do My Medical Conditions Affect DUI Testing?

The defense of a DUI case requires specialized knowledge about physics, chemistry, biology, anatomy, toxicology, pharmacology and how these scientific disciplines interrelate. Chemical testing for blood alcohol levels assumes that the subject is a normal, healthy average person. There are countless medical conditions which can affect the accuracy of chemical testing and the appropriateness of field sobriety exercises. The following are examples of medical conditions that could effect DUI testing:

• Periodontal (Gum) Disease
• Dentures
• Faulty Bridge Work
• Gastric Reflux Disease (Heartburn)
• Flu
• Fever
• Pre-Menstrual/Menstrual
• Diseases of the Lungs
• Heart Disease
• Accidents With Air Bags
• Diabetes
• Inner Ear Conditions
• Attention Deficit Disorder
• Pre-Existing Injuries to Back, Legs, Etc.

If you or someone you know in Cincinnati, Ohio, or anywhere within the state of Ohio needs the assistance or legal counsel of an experienced DUI defense lawyer, contact Kelly Farrish, Attorney at Law, today at 513-824-8972, or use the contact form provided on this site to schedule a free consultation with a dedicated Cincinnati drunk driving Attorney.

Professional Biography Of Cincinnati, Ohio Drunk Driving Defense Attorney Kelly Farrish

Your choice of an attorney in a Drunk Driving or traffic related criminal case will have an enormous impact on the outcome of your charges and/or subsequent penalties. Even for a first offense, a DUI conviction can include license suspension, substantial fines, mandatory attendance at a state or DMV approved alcohol program, probation, community service and overnight jail time. A skilled DUI Attorney can minimize and possibly eliminate these penalties. Kelly Farrish, Attorney at Law, provides that service.

Cincinnati, Ohio drunk driving lawyer Kelly Farrish, Attorney at Law, is committed to obtaining the best possible results for his DUI clients. Attorney Farrish is experienced, skillful and dedicated to providing aggressive drunken driving defense from his office to the courtroom. Please call Kelly Farrish, Attorney at Law, today, at 513-824-8972 to begin your free consultation with a trusted Cincinnati DUI defense attorney.

Firm Address

Kelly Farrish, Attorney at Law
601 Main Street, 3rd Floor
Cincinnati, OH. 45202
Telephone: 513-824-8972

Fax: 513-621-8703

KELLY FARRISH, Attorney At Law

Education:

• Undergraduate degree from the University of Cincinnati
• Law degree from the Salmon P. Chase College of Law

Professional Memberships:

• Member - Cincinnati Bar Association
• Member - Ohio State Bar Association
• Member - Greater Cincinnati Criminal Defense Lawyers Association
• Member - Ohio Academy of Trial Lawyers Association

Served 5 years in the U.S. Air Force
2 years voluntary service in Vietnam
Seminar Speaker- Criminal Defense Lawyers Association

Licensed to Practice in Hamilton County, Butler County, Clermont County and Warren County, Ohio