DUI / OVI Defense

DUI / OVI Defense

There are only three methods to resolve any traffic case: 1) Dismissal; 2) Plea Bargain Agreement; or 3) Trial. It is your right under Ohio and U.S. law that you decide whether or not to plead guilty or have a Trial. This is NOT an attorney decision. Your attorney should give you sufficient information for you to make an intelligent choice.

Statistically speaking, most cases are resolved by plea bargain agreement. About 1% are dismissed, and the remaining 8% go to trial. Standard special conditions of OVI probation include: 1) 72 hour Driver Intervention Program, 2) Driver’s Rights Suspension, 3) Probation (Reporting or Non-Reporting), and 4) Fines and Costs.

Dismissal

Dismissals of OVI charges are rare. Less than 1% of OVI cases are dismissed outright. The primary reason for dismissal of OVI cases are due to procedural errors in the legal process. “Technical grounds” usually involve a violation of a Constitutional right or a failure of law enforcement to follow a mandatory procedure.

Another basis for a dismissal is facts that are exceptionally in favor of the defense. Such facts may involve an illness or medical condition which gives the appearance of impairment when the individual is not really impaired. Dismissals based upon factual scenarios are rare but do occur.

Plea Bargain

A “wet reckless” may be possible if it is a first offense, your blood alcohol level is borderline over the limit and there was no accident involving proper damage or personal injury. In these cases Matt may be able to help you get a reduced penalty.

In all OVI cases, there are four elements: 1) your story, 2) the police version, and 3) videotapes and, 4) a chemical test (if you submitted to it) including the administrative procedures used to obtain a BAC result and the maintenance history of the machine used in the test. We meet with the Prosecutor assigned to your case to learn the officer’s version of your case. If available, we retrieve all videos of your stop, arrest and processing. We review all of the information to get a clear and complete picture of your case.

We will discuss with you all aspects and options available. We will help you understand your plea bargain expectations and whether a trial would likely provider a better or worse outcome.

If you elect to plea bargain your case, we will appear with you in Court before the judge.

Trial

Not all clients need to or want to go to trial. Preparing for and presenting a full trial on the merits takes considerable time and effort that is not required with any other type of representation. A typical trial will last 1-3 days.

Approximately 8% of cases are ultimately disposed of by a trial. Not Guilty has two possible meanings: 1) you are innocent of the accusation or 2) there is insufficient proof to establish your guilt beyond a reasonable doubt.

We will assess the facts of your case and an expectation of how a jury will receive and interpret those facts.

It is against the law for a Judge to punish someone for exercising their right to have a Trial. Penalties should not be increased if you are found to be guilty by a jury.

 

The Legal Process…