godbeylaw.com » Traffic offenses

Do You Have to Take Field Sobriety Tests in Kentucky?

admin — Tue, 27 Jan 2009 20:40:53 +0000

Absolutely not. You are never obligated to prove to an officer or deputy that you ARE NOT committing a crime. It is not illegal to drink and drive, and if you don’t feel comfortable taking the tests, you cannot be forced to. The law presumes you are innocent until the police can develop probable cause that a crime has occurred. Police develop probable cause through bad driving, field sobriety tests and finally, the portable breath test they use to detect the presence of alcohol.

Unfortunately, most officers will arrest you if you refuse to preform the field sobriety tests as directed. But, if you agree to take the tests and do not perform PERFECTLY, you will be arrested and the results of those tests will be used by the government to convict you in a Court of Law.

In my time as a Kentucky DUI Trial Lawyer, I have reviewed cruiser camera tapes where it was obvious the person was scared, nervous or tired and not at all intoxicated and I have heard testimony from officers who have no idea how to administer field sobriety tests, but used them to arrest my client. People are inclined to prove their own innocence, just know that you do not
have to.

If you have found yourself accused of Driving Under the Influence in Northern Kentucky, contact Zachary Smith, a Kentucky DUI Trial Lawyer at (513)238-7900 or zach@godbeylaw.com.

Zachary D. Smith, Attorney at Law
Mark E. Godbey & Associates
708 Walnut Street, Suite 600
Cincinnati, Ohio 45202
(513) 241 – 6650 phone
(513) 241 – 6649 fax

This article was written by attorney Zachary D. Smith. For more information, please visit our web site at www.GodbeyLaw.com or call our office at 513-241-6650.

Penalties Increase for Drunk Driving Offenses in Ohio

admin — Fri, 16 Jan 2009 16:11:31 +0000

In September of 2008, new changes went into effect for Ohio laws governing allegations of “Operating a Motor Vehicle Under the Influence of Alcohol or Drugs” (OMVI). Formally nown as “DUIs,” Ohio’s “OMVI” statute was recently overhauled by the Ohio legislature. Among other changes, the new provisions increase penalties for particular offenses, increase mandatory minimums on certain portions of sentences, revise the use of treatment programs, and expand the use of “ignition interlock” devices. In addition, the revised laws expand the ways in which law enforcement officials can compel a suspect to submit to a “forced” chemical test of their Blood-Alcohol Content (BAC). The new law provides that, in certain circumstances, law enforcement officials may now use “whatever reasonable means are necessary” in order to complete the chemical test. See, Ohio Revised Code §§4511.19 and 4511.191(a)(5)(a)-(b).

While the full effect (and constitutionality) of these revisions remains to be seen, one thing is clear: Ohio is stepping-up enforcement and punishment for drunk driving offenses. If you or someone you know has been charged with a drunk driving offense, call our offices TODAY for a FREE initial consultation to know and protect your rights.

Blake P. Somers, Attorney at Law
Mark E. Godbey & Associates
708 Walnut Street, Suite 600
Cincinnati, Ohio 45202
(513) 241 – 6650 phone
(513) 241 – 6649 fax

Do You Have the Right Auto Insurance?

admin — Fri, 16 Jan 2009 15:54:46 +0000

Many of us do not completely understand the type or amount of auto insurance which we carry.

“Liability” insurance coverage is what protects us in case we are at fault for causing an accident. If you do not have enough insurance to cover someone’s damages, they could sue and o after your personal assets. Every state has a law setting the minimum amount of Liability insurance a driver must carry. In order to be “legal” in the State of Ohio, you must have at least $12,500 in Liability coverage.

“Medical Payments” or “Personal Injury Protection” (PIP) coverage is what we can use to pay medical bills for ourselves or anyone else inside our vehicle who may be injured in an auto accident, regardless of who was at fault for causing the wreck. This is especially important if you do not have health insurance, or have a high deductible or co-pay on your health insurance.

“Collision” and “Comprehensive” coverages will pay for damage to our vehicle if it is damaged in a crash, whether it is due our own fault or by someone else who has no insurance. Typically, this type of coverage carries a deductible, which varies from $250 to $1,000.

“Uninsured Motorist” and “Underinsured Motorist” coverages allow us to make a claim with our own company if we are injured by someone else’s negligence, and the at-fault driver has no insurance or very little insurance. This type of coverage is very important, but often overlooked. Ohio law no longer requires an insurance agent to sell it to you, or even tell you about it. Yet, Uninsured and Underinsured Motorist coverage is crucial to have and in the right amount.

Only three states in the county have lower Liability limits than Ohio’s $12,500. Most states require at least $25,000 to be “legal”. The minimum Liability limits for every state can be found at: http://personalinsure.about.com/cs/vehicleratings/a/blautominimum.htm.

Regrettably, many drivers on the road carry only the bare minimum of $12,500, and some none at all. This is a stark reminder of why you need good Uninsured and Underinsured coverage on your own policy. You would be surprised to find how inexpensive it is. Read your policy carefully and call your agent to make sure you have the right amount of coverage.
At Mark Godbey & Associates, we help people with these kind of insurance issues every day.

For more information, please visit our web site: www.GodbeyInjuryLaw.com or feel free to call our office 513-241-6650 to speak with one of our attorneys.

Mark E. Godbey, Attorney at Law
Mark E. Godbey & Associates
708 Walnut Street, Suite 600
Cincinnati, Ohio 45202
(513) 241 – 6650 phone
(513) 241 – 6649 fax

Appeals Court Makes it Easier to Arrest Drivers Under 21 for DUI

admin — Wed, 07 Jan 2009 15:43:43 +0000

The First District Court of Appeals (Hamilton County, OH) rejected well settled law that required police officers to look for “slight indicators of impairment,” when deciding to arrest a driver under the age of 21 for DUI. In its opinion, the Court held that despite passing the field sobriety tests, an 18-year-old’s glassy, bloodshot eyes and an admission to drinking beer hours earlier gave
officers probable cause to arrest him for DUI.

Click here for the full opinion.

Zachary D. Smith, Attorney at Law
Mark E. Godbey & Associates
708 Walnut Street, Suite 600
Cincinnati, Ohio 45202
(513) 241 – 6650 phone
(513) 241 – 6649 fax

Police Officer Has Probable Cause for Traffic Stop Even if Control Device is not Authorized by Statute

admin — Mon, 28 Aug 2006 19:26:00 +0000

The Ohio Supreme Court recently made an important decision in the case of Bowling Green vs. Godwin which affects many people, especially those suspected of driving under the influence or persons who may have contraband in their vehicle. The question before the Court was whether a police officer has probable cause to stop someone when the officer observes him/her violating a traffic control device (such as running a red light), even when that device was not correctly authorized by statute.

The Supreme Court ruled that found probable cause does exist, even when the police officer stops a driver for violating a traffic control device that is not authorized by law. In fact, even though the driver could not be convicted of the original traffic offense, this does not invalidate the stop. The Court’s decision was based upon the theory that a police officer cannot reasonably know that the sign or traffic control device is not authorized at the time he is stopping the driver.

For more information regarding DUI defense and other criminal matters, please contact Mark Godbey and Associates at 513-241-6650.