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Canton Ohio Frequently Asked Questions about DUI Defense

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No two DUI cases are the same, and we can develop an individualized strategy for offering you more options when working to resolve your legal issues stemming from a suspected drunk driving incident.

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DWI Defense Experts

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An experienced DUI attorney can be a valuable ally in minimizing the damage to your wallet, your legal record and your reputation. A DUI lawyer can identify improper police procedures such as questionable circumstances of the original stop and irregularities in administration of field sobriety tests. Our team can discuss the events of the case directly with you to build a fair and balanced picture of the events.

  • Some of our clients are arrested at DUI checkpoints, and the law typically has very stringent guidelines defining their proper use. A Dui-Pro.com attorney can examine the details of your arrest at a sobriety checkpoint to spot any irregularities, and if necessary our team can retain a chemical testing expert to invalidate the results of your breath or blood test.

  • While most DUI and DWI incidents are typically termed “misdemeanors,” the effect they can have is anything but minor. First time offenders can face heavy fines as well as up to 6 months in jail depending on the surrounding circumstances, and many drivers have their licenses suspended for nearly a year. Our lawyers can stand with you to give you more options for moving on with your life. Call today.

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Information for Canton, Ohio

Ohio, seat (1808) of Stark county, northeastern Ohio, U.S. The city lies approximately 60 miles (100 km) south-southeast of Cleveland. It is the focus of a metropolitan area that includes the cities of North Canton and Massillon and the village of East Canton. Laid out in 1805, it was probably named by its founder, Bezaleel Wells, for his friend Capt. John O'Donnell's estate, Canton, in Baltimore, Md., which was built with profits from trade with China.McKinley National Memorial, Canton, Ohio. Kc8wvj Thecommunitydeveloped from a manufacturer of plows, reapers, and farm equipment into an important industrial centre. Diversified products now include electric sweepers, alloy steel, tapered roller bearings, automatic teller machines, safes and bank vaults, heavy-duty floor coverings, turbine parts, streetlight standards, heavy steel presses, water softeners, voting machines, internal combustion engines, rubber products, and bricks and ceramics.William McKinley opened (1867) a law office in Canton, from where he later conducted his 'front-porch campaign' for the presidency. After his assassination in 1901 his body was returned there for burial. He, his wife, and two daughters are now entombed in the McKinley National Memorial in Westlawn Cemetery. The American Professional Football Association (later the National Football League) was formed in Canton in 1920 with Jim Thorpe of the Canton Bulldogs as its first president. To honour the city's role in organizing the sport, the Pro Football Hall of Fame was established there in 1963.Canton is the seat of Malone College (a Quaker institution founded in 1892 in Cleveland), the Stark Campus of Kent State University (1946), Walsh University (1958, Roman Catholic), and Stark State College of Technology (1960). The Cultural Center for the Arts (1970) houses the Canton Art Institute, the Players Guild, and the Canton Symphony Orchestra, Civic Opera, and Poetry Society. The McKinley National Memorial is part of a complex that includes the McKinley Museum, the Ramsayer Research Library, and the Hoover-Price Planetarium. Inc. village, 1828; town, 1834; city, 1854. Pop. (2000) 80, 806; Canton-Massillon Metro Area, 406, 934; (2010) 73, 007; Canton-Massillon Metro Area, 404, 422.

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Canton - Stay on the streets of with experienced DUI Defense services. Articles

Open container laws prohibit open alcoholic beverages in a vehicle. Although they are misdemeanor offenses, open container offenses can lead to other serious consequences under certain circumstances.

Open Container Overview
Every state has some version of open container laws, but the general purpose across every state is to prohibit people from consuming alcoholic beverages while driving. In order to demonstrate a violation of open container laws, the state must prove the following:

There was an open container of an alcoholic beverage - The container can be any receptacle holding the beverage: beer can, wine bottle, flask, water bottle, etc. Officers are given discretion to evaluate the circumstances of the citation and rely on their training and experience to determine whether or not the substance in the container is alcoholic. If you believe the officer mistakenly cited you because the beverage contained no alcohol, consult an attorney.
The defendant possessed the open container, as opposed to someone else in the vehicle - This is called establishing affirmative links--very similar to what would be required in a drug case. Affirmative links are factors that support the person had possession of the open container, and are based on factors such as whether or not: the container was found close to the defendant, the defendant had odor of the same beverage on their breath, or the defendant owned the vehicle. If more than one container is located, most states will charge this as one offense; not a new offense for each container discovered. Anyone who is in possession can be charged, not just the driver.
The container was in a vehicle - Most states prohibit the open container from being anywhere in a vehicle. The term vehicle applies to cars, trucks, or any other motor operated transit device. Some states do have some exceptions for larger passenger vehicles like a bus, limousine, or RV. If the open container is found in the passenger area, instead of the driver area, the location of the open container would be a defense to an open container violation.
If a person chooses to challenge the state on any of these requirements, or additional ones imposed under state law, they should contact a local attorney familiar with the process for assistance.

Consequences of Open Container Offense
An open container violation is often a ticketed offense like a speeding ticket. The officer will write out a ticket and have the defendant sign it based on their promise to appear at a later court date in municipal court. The punishment for an open container offense is usually a fine, which can be as high as $1000, but jail time may be a possible punishment depending on the state and the circumstances of the citation.

More importantly, an open container violation can lead to other more serious charges. If an officer smells the odor of alcohol and sees and open container, this may be enough to undertake a driving under the influence (DUI) investigation. A DUI arrest will result in substantially increased punishments, and will be significantly more costly than an open container ticket.

Even if the driver is not intoxicated, an open container can result in more trouble. Having an open container is an illegal action that gives an officer the authority to search the vehicle for any other open containers. While searching for open containers, if the officer happens to find any other contraband, like a controlled substance, the driver faces arrest and conviction on those separate charges as well.

Getting Help
Open container violations are not that serious of an offense by themselves and can often be handled just like a traffic ticket. However, if the open container ticket was written in error or the violation led to more serious charges, it's generally wise to consult an attorney as soon as possible.

https://criminal-law.freeadvice.com/criminal-law/drunk_driving/open-container-laws.htm

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