Child Endangerment Can Increase Ohio OVI Criminal Penalties

Already strict Ohio OVI penalties can be enhanced if a child under the age of 18 is in the vehicle.

2012-06-29

June 29, 2012 (Press-News.org) Ohio, like all other states, does not allow operation of a vehicle while under the influence of drugs or alcohol. In addition, Ohio courts can enhance the sentence for operating a vehicle while impaired, or OVI, if a child under the age of 18 is in the vehicle at the time of the offense.

One Ohio woman was recently accused of such an enhanced OVI crime. Allegedly, Mindy Sotak was operating her vehicle while under the influence of alcohol. She backed into another vehicle while exiting a local WalMart parking lot. An officer was at the scene addressing another issue and attempted to stop Ms. Sotak when she tried to leave.

When the defendant finally pulled over she refused field sobriety tests. At the time, she had her two children, ages three and five, in the car with her. She was charged with drunk driving, child endangerment, leaving the scene of the accident and failure to comply.

OVI and Child Endangerment

Under Ohio state law, no person can create a "substantial risk to the health or safety of the child by violating a duty of care, protection or support." The child endangerment statute specifically includes operation of a vehicle while under the influence of drugs or alcohol within the definition of child endangerment when one or more children under 18 are passengers at the time.

The child-endangerment crime is in addition to the underlying OVI offense, so a drunk driver can be found guilty of two crimes in the same legal proceeding for the same drunk-driving incident. Ohio law provides that the child-endangerment crime under these circumstances is considered a second OVI for punishment and sentencing purposes.

Penalties

Criminal penalties for OVI include both prison time and monetary fines. Most first-time OVIs bring from three days to six months in prison, and potential fines from $375 to $1,075. In addition, the penalty may also include a license suspension (with possible restricted plates or a car immobilizing device), restitution, a drivers' intervention program, treatment or classes. Sanctions are enhanced accordingly for multiple offenses.

The addition of a child-endangerment crime allows the court to consider there to be two -- not just one -- DUI offenses, meaning a corresponding increase in the severity of penalties.

The sanctions associated with OVI and related child endangerment charges are serious. In addition, such charges on your record can make it difficult to find employment and a place to live, to say nothing of the personal challenges related to remorse and stigma.

If you or a loved one is charged with OVI or a similar crime, it is important to take the charge seriously. Contact an experienced Ohio drunk driving defense attorney to discuss your options.

Article provided by Probst Law Office, LLC
Visit us at www.probstlawoffice.com

ELSE PRESS RELEASES FROM THIS DATE:

Spangenberg Shibley & Liber Introduces New Associate

2012-06-29

Spangenberg Shibley & Liber is pleased to announce that Daniel Frech recently joined the firm as an associate. His primary practice areas will include commercial litigation, civil rights law and personal injury. Prior to joining the firm, Dan worked as a private practitioner focusing on employment, civil, construction, and securities litigation. Previous to that, he spent three years as an associate with international law firm Jones Day, where he practiced business litigation, including contract disputes, patent disputes, civil and criminal antitrust matters, shareholder ...

Chicago Personal Injury Lawyers at Rapoport Law Offices, P.C., File Appearances in Wrongful Death Case Arising Out of Dana Airlines Flight 992 Plane Crash

2012-06-29

The personal injury attorneys at Rapoport Law Offices, P.C., in Chicago, Illinois, recently filed their appearances in a wrongful death lawsuit stemming from a Nigerian plane crash earlier this month. The firm is involved in representing the family of a young woman killed in the crash. On June 3, Dana Airlines Ltd. flight 992 left Abuja, Nigeria, headed for Murtala Muhammed International Airport in Lagos. As the plane approached the Lagos airport, it crashed into a two-story apartment building, killing the 153 people onboard and at least another 10 people on the ground. ...

bmi Purchase Boosts British Airways Domestic Services from Winter 2012

2012-06-29

British Airways' winter 2012 schedule, beginning on October 28, 2012, has been unveiled, with UK regions set to benefit thanks to parent company IAG's purchase of bmi. The airline will add extra frequencies and use bigger aircraft on flights to Scotland enabling it to offer nearly 27,000 more seats a week between London and Scotland. This includes two extra flights a day between London Heathrow and Edinburgh and two extra flights per day between Heathrow and Aberdeen. In addition British Airways is also starting a three-per-day service between London City and Aberdeen ...

Jumeirah Invites Public to Watch Annual Summer Turtle Release

2012-06-29

Jumeirah, the Dubai-based luxury hospitality company, has announced that the annual summer turtle release carried out by the Dubai Turtle Rehabilitation Project (DTRP) will be open to the public for the first time. At the event, which is hosted by Kris Fade from Virgin Radio, over 100 Hawksbill Turtles will be released by children back into their natural habitat following several months of rehabilitation at Burj Al Arab and Madinat Jumeirah. The Big Jumeirah Sea Turtle Race will also take place at the event where six satellite tagged sea turtles are released back ...

Volunteers Raise Funds to Save Historic Wheaton Grand Theater

2012-06-29

A group of volunteers has launched a crowd funding campaign through IndieGoGo to purchase and restore Wheaton Grand Theater, with the intention of reopening it as a performing arts center. IndieGoGo is a crowdsourcing platform that helps projects come to life. However, projects must meet their predetermined funding goal before any money changes hands. The volunteer group intends to bring an audience of more than 8,500 people a month to the new Wheaton Grand. It aims to focus mainly on music while incorporating a variety of performing arts, including dance recitals and ...

Russian Sambo Champion Alexey Oleinik Seeks WCMMA Heavy Wt. World Title at Foxwoods MGM Grand on Sept 15th

2012-06-29

The World Cup of Mixed Martial Arts (WCMMA ), announced today that Foxwoods Resort and Casinos' MGM Grand will be hosting the highly decorated Russian Sambo Champion Alexey Oleinik in his first individual fight for a WCMMA Heavyweight World Title. Alexey will be fighting Kelly Anundson, 2x FILA Grappling World Champion in a match that pits Russian Combat Sambo against the American's intense Grappling skills. As one of the most celebrated Combat Sambo Champions Alexey "The Boa Constrictor" Oleinik, is an International Master of Sports in Combat Sambo, and holds ...

Recent Human Study Shows that Berry Diets, Like an Acai Berry Diet, Can Help Improve Memory

2012-06-29

Acai berry, and berries in general, have been in the news quite a bit in the last few years due to their health benefits. This is not surprising given the amazing properties of berries. Well, now there is one more reason for people to include berries like Acai berries in their diets. In the findings of a recent Harvard study, it was discovered that in addition to the amazing health benefits of antioxidant packed berries like Acai berries, berries may actually keep brain cells from deteriorating during the aging process. The massive Harvard study, following more ...

Shustak Frost & Partners Obtains $622,000.00 FINRA Arbitration Award Against National Broker Dealer on Behalf of 86-Year-Old Client

2012-06-29

Shustak Frost & Partners, P.C., announces that it obtained a $622,000.00 FINRA arbitration award against a major broker dealer on behalf of an 86-year-old investor who had opened a joint account at a San Diego branch office. The amount awarded the Shustak firm's client is approximately $100,000.00 more than the total compensatory damages requested and includes an award of $272,000.00 in legal fees and costs. According to Thomas Frost, the partner of the firm who tried the case, the elderly investor and his wife opened an account at a San Diego branch and wanted ...

Shustak Frost & Partners Successfully Obtains Dismissal Before Trial of All Claims Asserted Against a Large Financial Institution Client

2012-06-29

Shustak Frost & Partners, P.C., announces that it won summary judgment for a large financial institution, and successfully obtained the dismissal of all claims asserted against the company, avoiding a long and potentially costly jury trial. The firm's client, a conglomerate of four independent broker-dealer firms with more than 5,000 independent financial professionals and 700 affiliated financial institutions, was sued for millions of dollars in damages by the sellers of a California based broker-dealer arising out of a $12 million acquisition that closed in the spring ...

Health Law Book: A Physician's Guide to Increasing Revenue and Surviving Payor Scrutiny in the Reformed Health Care Market

2012-06-29

"A Physician's Guide to Increasing Revenue and Surviving Payor Scrutiny in the Reformed Health Care Market" is divided into three parts: Part I: Discusses the patterns and investment strategies utilized by small health care practices that command large returns, including health care practice advertising, marketing and the various business models that any health care practice can benefit from adding to its portfolio. Part II: Discusses peak organizational structure for health care practices, including the various business forms that health care practices ...

Child Endangerment Can Increase Ohio OVI Criminal Penalties

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: