Westerville, Ohio DUI/OVI FAQ

If you have been charged with DUI/OVI in Westerville, Ohio, contact Johnson Legal, LLC and speak with an experienced criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your DUI/OVI case.

Westerville, Ohio DUI/OVI – Where Will Your Case Be Heard?

If you are arrested for DUI/OVI in Westerville, Ohio, you case may be heard in one of several different courts, depending upon several factors. If you have never been convicted of DUI/OVI, your case may proceed in Westerville Mayor’s Court. Mayor’s courts operate somewhat differently than the more familiar county municipal or common pleas court. Mayor’s courts are not courts of records and, therefore, do not hold jury trials. Furthermore, the mayor may preside over the case, instead of a judge. Thus, it is often advisable to have your attorney transfer the case to the county municipal court.

If your case is not heard in Westerville Mayor’s Court, your case will proceed in Delaware County Municipal Court or Franklin County Municipal Court for a first DUI/OVI offense. If you have been previously convicted of DUI/OVI, your case may be charged as a felony DUI/OVI and will be heard in Delaware County Common Pleas Court or Franklin County Common Pleas Court.

Arraignment – Do I Have to Appear?

DUI/OVI cases in Westerville, Ohio are scheduled within five (5) business days after your arrest. If you hire Attorney David Johnson prior to the arraignment, he may be able to appear on your behalf at the arraignment so that you do not have to take time off from work or school to attend. Moreover, Attorney Johnson can appeal your administrative license suspension, enter a not guilty plea, file for discovery of the prosecution’s evidence, and obtain police reports and dash camera footage of the stop.

Driving Privileges

A number of options are available when seeking driving privileges. First, if you hire Johnson Legal, LLC to represent you, Attorney David Johnson will evaluate Form 2255 to determine if there are any errors. If errors are present, it is possible that your driver’s license suspension will be terminated. However, if Form 2255 does not contain any errors, a stay or your driver’s license suspension will be sought.

A stay of your driver’s license suspension will result in your driver’s license being returned to you while your case is pending. Westerville Mayor’s Court will generally grant a stay, provided your case does not have a particularly negative fact pattern and there was not an accident. This stay of your driver’s license suspension will be sought at the arraignment and, if approved, you will receive a copy to take to the BMV and one to keep while your case is pending.

If Form 2255 is without errors, and a stay is not granted, Attorney David Johnson will negotiate for limited driving privileges. If granted, limited driving privileges would allow you to drive to school, work, and medical reasons. With the assistance of Attorney David Johnson, this process will not be difficult. Once driving privileges are approved, you will be given a copy to keep in your vehicle at all times.

Where is the Westerville Mayor’s Court Located?

Westerville Mayor’s Court is located at 21 S. State St., Westerville, Ohio, 43081. Consult the map below for further directions.

When are Westerville Mayor’s Court Hearings Held?

The Westerville Mayor’s Court is in session every Wednesday at 9:00 AM, with criminal arraignments and pretrials being held first. Trials are held after, generally beginning around 10:00 AM. Mike Fultz is the prosecuting attorney in Westerville Mayor’s Court.

What are the Penalties for DUI/OVI in Ohio?

Penalties for DUI/OVI vary based on a number of factors, including:

  • Whether the person has any previous convictions for DUI/OVI;
  • Whether the person cooperated with law enforcement as required under Ohio’s implied consent law; and
  • Whether there was an accident that occurred because of the intoxicated driver.

A first DUI/OVI conviction will be a first degree misdemeanor. This offense carries a minimum three (3) days and a maximum of six (6) months in jail, a fine of $375-$1075, and 6 months to 3 year driver’s license suspension. However, with the help of Attorney David Johnson, if you are found guilty of DUI/OVI, you may be able to avoid jail by completing a driver’s intervention program. Subsequent convictions for DUI/OVI, however, will result in increased and harsher penalties.

How Will My DUI/OVI Case Proceed in Westerville Mayor’s Court?

In some cases, where there are evidentiary issues, the prosecutor may offer a reduced charge, such as physical control or reckless operation, as part of a plea agreement. However, if a plea agreement is not in your best interests, or you do not wish to enter into a plea agreement, it may be advantageous to transfer your case to municipal court. Once transferred, a suppression hearing will most likely be conducted and a jury trial will be sought.

Westerville, Ohio DUI/OVI Attorney

If you have been charged with DUI/OVI in Westerville, Ohio, contact Johnson Legal, LLC and speak with an experienced criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your DUI/OVI case.

Helpful Links for Westerville, Ohio: Westerville Ohio Chamber Of Commerce, City of Westerville, Westerville Parks Department, Otterbein University, Westerville City Schools, Westerville Library, Westerville Visitors & Convention Bureau

Westerville Division of Police
29 S. State St.
Westerville, OH 43081-2119

Non-emergencies: (614) 882-7444
Emergencies: 9-1-1
Tip Line: (614) 901-6866

Jail Contact Information for Westerville Ohio

Delaware County: Enforcement Division

www.delawarecountysheriff.com

844 U.S. 42
Delaware, OH
(740) 368-1885

Franklin County Correction Center

www.sheriff.franklin.oh.us

2460 Jackson Pike
Columbus, OH
(614) 525-351

 

 

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