Alright, here we are, another Lawyer Talk
Speaker:Q and A, churning out the answers to all the questions on a daily basis.
Speaker:Well, maybe not quite a daily basis, but I certainly do my best to answer the
Speaker:questions that are pouring in on the Lawyer Talk podcast web page.
Speaker:To that end, I suppose I should remind everybody, if you've got a question, if
Speaker:you didn't get through on the Blitz 99 seven with Loper and Randy as we answer
Speaker:their questions on Wednesdays, you can always send a question to
Speaker:lawyertalkpodcast.com. There's an easy question interface and maybe you'll be
Speaker:lucky enough to get your question answered right here.
Speaker:Now, today I'm going to do something a little bit different.
Speaker:It is a question. It is a question I legitimately received.
Speaker:I'm not making it up, but I was talking to somebody yesterday who is not a client,
Speaker:who is another professional, not even a lawyer.
Speaker:And this individual brought up a very interesting question and
Speaker:she was asking, what do I tell somebody when they call me or when I first talked
Speaker:to them after they've been pulled over for a DUI or Ovi, as we call it here in Ohio?
Speaker:And she was explaining the situation where
Speaker:her neighbor got an Ovi a couple of weeks ago in Ohio and was literally in tears.
Speaker:She was talking to her in the yard and she didn't know what to do.
Speaker:She was a little bit despondent.
Speaker:And this professional asked me, how do I handle that?
Speaker:What do I say?
Speaker:I think it's important as lawyers to understand that we have clients.
Speaker:We don't just have legal problems and we don't just follow the textbook.
Speaker:I actually do have clients and clients are people and they have problems.
Speaker:And usually what I say is something along the lines of this, take a deep breath.
Speaker:It's going to be okay. You're not alone.
Speaker:You're not the only one who has gone through this.
Speaker:And I totally understand it's your first time dealing with a problem like this.
Speaker:But it's not ours. It's not mine.
Speaker:I've done it many, many times.
Speaker:I've helped hundreds of clients.
Speaker:I think it's also important to tell
Speaker:people, look, it won't be long before this is in your rear view mirror.
Speaker:People survive this all the time. It's going to be okay.
Speaker:Now, this is hard for people to digest as they're thinking to themselves, Holy crap.
Speaker:What am I going to tell my wife? What am I going to tell my husband? What am I going
Speaker:to tell my kids? What am I going to tell my job?
Speaker:I'm going to lose everything. I'm an alcoholic.
Speaker:I'm throwing all the alcohol away in my refrigerator.
Speaker:I'm never drinking again.
Speaker:I'm a horrible, awful person.
Speaker:What have I done to myself?
Speaker:What have I done to my life?
Speaker:Well, all those, as I tell people, are normal questions to ask.
Speaker:And you would say, well, how is it normal?
Speaker:It sounds like it's over the top.
Speaker:Well, it's normal in the context that that
Speaker:is what people experience when they have that anxiety, that stress of an Ovi.
Speaker:The next day when they wake up, it doesn't
Speaker:mean it's going to last, and it doesn't mean that it's all rational.
Speaker:But these are questions that people ask themselves all the time.
Speaker:When I talk to people the first time, I always tell them, look, this is normal.
Speaker:It's going to be okay. This is the hardest, most stressful time
Speaker:in the case, believe it or not, because you don't know what to do.
Speaker:You don't know the answers to the
Speaker:questions that are swirling around your brain.
Speaker:You don't know what's going to happen to you.
Speaker:You don't know if you're going to ruin your life.
Speaker:All these things are these unknowns.
Speaker:And the unknowns caused the stress.
Speaker:The unknowns cause the anxiety.
Speaker:And the best thing you can do to deal with that is get answers.
Speaker:And typically the first step is to call a
Speaker:lawyer, call anybody, call somebody that's competent, call me at 614-224-6142
Speaker:that said, get some answers from a professional who can help you.
Speaker:And then I can tell you, look, your life is not going to be ruined.
Speaker:If an Ovi ruined everybody's life, then there'd be a lot of lives out there that
Speaker:were in tatters and never to be recovered because there's so many people that get
Speaker:Ovis and so many people that survive it the real issue that I think people should
Speaker:consider is not what's going to happen, but what am I going to do now?
Speaker:How am I going to deal with this?
Speaker:I think it's very helpful to give people
Speaker:the answers to their questions, but also explain to them this could be just a path
Speaker:on another pavement, on the path of the road to hell.
Speaker:There could be a time when you turn it
Speaker:around, when you say, I'm going to make some changes, I'm never doing this again
Speaker:and put some plans in place to make sure you never do it again.
Speaker:And once I start giving people some
Speaker:answers, like what's going to happen with their driver's license suspension, what's
Speaker:going to happen with their car that's in the city impound lot?
Speaker:What's going to happen at court that is coming up within three or five days?
Speaker:What is going to happen with the case once it's over?
Speaker:And usually when I get through that first conversation, people start to feel better.
Speaker:And I think this is not any magical psychology.
Speaker:I think it's pretty basic.
Speaker:Moving forward, taking steps forward and
Speaker:solving problems incrementally one step at a time is the tonic for that anxiety.
Speaker:Fill the blanks of the unknown and you're going to feel better.
Speaker:And that's generally what I tell people in
Speaker:my first conversation who are distraught over the Ovi.
Speaker:And I mean it.
Speaker:If you're out there and you've got an Ovi
Speaker:and it's the first time and you're dealing with it, trust me.
Speaker:It's going to be okay.
Speaker:What you don't want to do is make your problem worse.
Speaker:You don't want to hit the crazy panic button and say, screw it.
Speaker:I'm just going to just ride the path all
Speaker:the way down from here because my life is over anyway.
Speaker:Don't make your problem worse.
Speaker:You can make your problem better and you do that and you start doing that by
Speaker:solving the incremental issues that you're facing.
Speaker:First and foremost, get a lawyer.
Speaker:Now, I should probably add that in Ohio, if people just go plead guilty to Ovi, if
Speaker:you just go say, heck, I'm going to plead guilty.
Speaker:Courts have to do mandatory things.
Speaker:They have to give you a certain mandatory minimum punishment.
Speaker:And generally in Ohio, on a first offense,
Speaker:generic, that is a regular saved guy to test below.
Speaker:00:17.
Speaker:But over zero eight, I won't get into the science there.
Speaker:But generally what that means is you're
Speaker:going to do three days in a weekend program.
Speaker:You're going to go to a program at a
Speaker:hotel, and you're going to be educated about all the horrible consequences and
Speaker:woes of drinking and driving and alcohol generally, and you're going to survive it.
Speaker:You can pay for a single occupancy room.
Speaker:If you want to share a room and save some
Speaker:money, you can do that in the day of Covet.
Speaker:I think less people are choosing that option.
Speaker:But you're going to go to a weekend seminar.
Speaker:Nobody wants to spend their weekend at a hotel alcohol drinking and driving
Speaker:seminar, but I've never really heard anybody say it was awful.
Speaker:I've heard people complain about like
Speaker:bedbugs and things like that once in a while and shame on the hotel for that.
Speaker:And I've had people complain about a bad roommate.
Speaker:But generally the content of the seminars, it's not so bad.
Speaker:We call that an Ohio driver's intervention program.
Speaker:I also tell people you're going to get a
Speaker:fine and after court cost usually shakes out about $500, and you're going to lose
Speaker:your license in Ohio for a period of one year.
Speaker:Generally speaking, if you just go plead guilty during that year, you can typically
Speaker:get driving privileges to go to and from work.
Speaker:You can get privileges to drive during work is needed.
Speaker:You can get privileges to drive to medical
Speaker:appointments, often even activities for your children, if that applies.
Speaker:And depending on the court system,
Speaker:depending on the jurisdiction, the privileges can get quite broad.
Speaker:And that's all good news.
Speaker:And the point is that you can survive it.
Speaker:You're going to be okay.
Speaker:And it won't be as horrible as you make it
Speaker:out to be in that first morning after or the moment after you got the Ovi.
Speaker:And I suppose that is like lots of other problems we encounter.
Speaker:We tend to blow them up in our minds, make
Speaker:them horrible, make it seem like it's the worst thing in the world.
Speaker:Call our friends, tell them our life is over.
Speaker:Go shut out the lights in the bedroom and
Speaker:cover our face with pillows and wish that we were dead.
Speaker:Well, don't do that. Here's the thing.
Speaker:You're going to survive it.
Speaker:You're going to be okay. And it won't be long.
Speaker:As I said before that the whole thing is in your rear view mirror.
Speaker:And then the only question is what do we
Speaker:need to do to make sure it never, ever happens again?
Speaker:So I thought that was a really interesting question.
Speaker:I thought it was helpful just to get it out there on Lawyer talk.
Speaker:Q. A.
Speaker:And a.
Speaker:As I said, it didn't come in through the normal channels, but I didn't promise that
Speaker:I only answer questions that come in through the normal channels.
Speaker:Sometimes I get questions upstairs at the
Speaker:law firm@ohiolegaldefense.com or 614-224-6142 and I may rework them a
Speaker:little bit to make it answerable down here in the studio.
Speaker:But this one was a legit question.
Speaker:I did not change it at all.
Speaker:I answered it.
Speaker:And if you've got your own question, look
Speaker:me up, go to lawyertalkpodcast.com and submit it.
Speaker:Lots of other great things going on here at the lawyer talk podcast.
Speaker:We're doing these longer roundtable sessions for those who like that sort of
Speaker:thing and want to spend the time to really listen and dig in.
Speaker:And I've got the legal breakdown series that I come back to here and there where I
Speaker:take some of the issues of the day and break them down.
Speaker:My motto is always the same.
Speaker:I like to make things simple and almost everything can be made simple.
Speaker:And I should also say that a lot of times, if not more often than not,
Speaker:the media that's reporting on legal stuff, they just get it wrong.
Speaker:They're missing some nuance that we deal
Speaker:with every day and when we're practicing attorneys.
Speaker:And I try to break that down and make it simple for people so they can understand
Speaker:it and understand where the media is falling short on their reporting.
Speaker:And too often in the politically hot bed
Speaker:of a world, I hear questions and commentary that's just slanted in a way
Speaker:that tends to fit the cause or the narrative that they want to promote.
Speaker:And that's not always what the reality of the legal situation is.
Speaker:So what I always try to do, Irrespective
Speaker:of any political bent, Irrespective of any bias that I carry, I try to give people a
Speaker:legitimate commentary on what is really going on behind the scenes, Particularly
Speaker:in the criminal trials, the big ones that happen, I can almost always provide some
Speaker:insight that the mainstream, established media is missing or screwing up, and
Speaker:that's what the legal breakdown is all about.
Speaker:So with that, we will end another riveting session, lawyer talk.
Speaker:Q-A-I am taking legal questions off the record, but on the air at least until now.