Tuscarawas County Court Process

Navigating a DUI Arrest in Tuscarawas County: A Detailed Guide

If you've been arrested for Operating a Vehicle Impaired (OVI) in Tuscarawas County, Ohio, you're likely facing a complex legal process. The immediate aftermath involves vehicle impoundment, license suspension, and court appearances. This guide provides specific information to help you understand the process and take the necessary steps.

Understanding the Tuscarawas County OVI Landscape

Tuscarawas County, with its blend of rural and suburban areas and a population of approximately 92,048, sees a significant number of OVI arrests. In 2022, there were 289 OVI arrests in the county. This is due, in part, to the presence of Interstate 77 and other major routes like US Route 250 and State Route 39, which see heavy traffic and are frequently patrolled by the Ohio State Highway Patrol (OSHP), the Tuscarawas County Sheriff’s Office, and municipal police departments like New Philadelphia and Dover. Enforcement is particularly heightened on Friday and Saturday nights between 10:00 PM and 3:00 AM, and during national campaigns like "Drive Sober or Get Pulled Over."

Immediate Steps: Vehicle Impoundment

The first logistical hurdle after an OVI arrest is retrieving your vehicle. Your car is typically towed immediately following the arrest.

Finding Your Vehicle: The arresting officer should provide you with an impound slip indicating the towing company and location of your vehicle. If you don't have this, contact the dispatch center of the arresting agency. For OSHP arrests, call the New Philadelphia Post 79 at (330) 339-1103. For Sheriff's Office arrests, call (330) 339-2000. Keep in mind that municipal departments may use different towing companies.

Retrieving Your Vehicle: You'll need to provide proof of ownership (registration) and insurance to the tow company. However, the Administrative License Suspension (ALS) presents a significant challenge. If you failed or refused a chemical test, your license was likely seized immediately, preventing you from legally driving the vehicle off the lot.

Solution: Bring a licensed driver with you to the tow lot. You can handle the paperwork and payment, while the licensed driver can legally operate the vehicle.

Navigating the Administrative License Suspension (ALS)

The ALS is an immediate suspension of your driver's license triggered by failing or refusing a chemical test. This suspension is separate from any court-ordered suspension that may result from a conviction.

Duration: The length of the ALS depends on whether you failed or refused the test, and whether you have prior OVI offenses.

Appealing the ALS: You have a limited time (usually 30 days) to appeal the ALS. This appeal is filed with the court where your OVI case is pending. A successful appeal can reinstate your driving privileges pending the outcome of your criminal case.

Tuscarawas County Courts: What to Expect

Your OVI case will be heard in either the New Philadelphia Municipal Court or the Tuscarawas County Court of Common Pleas, depending on the specifics of your arrest.

New Philadelphia Municipal Court: This court handles misdemeanor OVI cases. Judge Nanette DeGarmo VonAllman presides over this court and has expertise in mental health and drug-related offenses, including medical marijuana.

Tuscarawas County Court of Common Pleas: This court handles felony OVI cases, typically involving multiple prior offenses or serious aggravating circumstances.

Appellate Court: Tuscarawas County falls under the jurisdiction of the Fifth District Court of Appeals. This court has shown a strict adherence to procedural rules, particularly regarding chemical testing. This means that if law enforcement or the lab failed to follow proper procedures, the test results might be suppressed.

Key Considerations for Your Defense

• Chemical Testing Compliance: Given the Fifth District Court of Appeals' strict stance, meticulously examine the procedures used in your chemical test. Any deviation from Ohio Department of Health guidelines could be grounds for suppressing the evidence.
• Checkpoint Legality: If you were arrested at an OVI checkpoint, ensure the checkpoint was conducted legally. There are specific requirements for establishing and operating checkpoints, and any violations could lead to the suppression of evidence.
• Judge VonAllman's Expertise: If your case is in New Philadelphia Municipal Court, be aware of Judge VonAllman's knowledge of drug-related offenses, especially drugged driving (DUI-D) cases involving THC.

Public Health and Safety Initiatives

Tuscarawas County has a unique integration of law enforcement and public health through the Tuscarawas County Health Department's "Safe Communities" programs. These programs aim to prevent OVI offenses through education and awareness campaigns.

Next Steps

If you've been arrested for OVI in Tuscarawas County, your immediate next step should be to contact the New Philadelphia Municipal Court at (330) 364-7711 to determine your initial court date.