how to beat a dui charge in ohio
Its a month since you got busted in Ohio for driving under the influence (DUI). The burden of that nights events is bearing down on you by way of your impending court date. Youve heard from friends and lawyers, pulled law books off the shelf and searched online for steps on how to beat a DUI charge in Ohio. Overwhelmed and uncertain where to turn, you realize your best asset in the courtroom is your personal anti-DUI toolkit. Heres how to beat a DUI charge in Ohio without facing penalties.
First and foremost in your DUI toolkit is having a strong criminal defense attorney whos experienced in the Ohio legal system and knows exactly how to beat a DUI charge. Rumours of attorneys able to help, are just that, and will almost always fall short in the courtroom. The best criminal defense attorneys will be legally savvy and able to pull apart the prosecutor’s case for a successful outcome.
Step two of how to beat a DUI charge in Ohio is to effectively challenge the police officers evidence. This includes questioning the evidence in a technical, legal and scientific manner. You need your attorney to hold the officer in the witness box and push them to explain the evidence and their actions in sobering detail. Its essential to challenge the officers testimony in every way.
Next, challenge the accuracy of any testing equipment used by the officers to record your vitals, such as breath, blood and urine testing devices. Its your attorneys job to contest the accuracy and reliability of the tests and question any margin of error in the results. Your attorney should also have a solid understanding of your medical condition and use it as evidence to challenge the DUI charge.
Lastly, your lawyer needs to move to have the DUI charge dismissed on the grounds of constitutional violations. This could range from your Fourth Amendment rights being violated during your initial traffic stop, to your Sixth Amendment rights being violated if you were unlawfully arrested.
Moving beyond the DUI toolkit, you need to ensure the Prosecutors Office is aware of the personal impact of a criminal record. From the difficulty of finding employment with a criminal record, to the difficulty of obtaining an Ohio drivers license. With this in mind, the Prosecutor’s Office could be persuaded to reduce the charges to lesser offenses such as reckless driving.
Your DUI toolkit isnt complete without the submission of a character letter from someone who can attest to your good nature. Attaching certifications such as a course completion certificate in Alcohol and Drug Education and Rehabilitation, could also boost your chances of having the charge dismissed. Have your attorney check your eligibility for an Ohio alcohol or drug intervention program and submit that as evidence too.
For a powerful closing, enlist your attorney to challenge any questionable police reports, and call as witnesses also anyone who knows you and can testify to your good character and honest nature.
In the aftermath of a DUI, appearances matter. A cumulative approach to mitigating the charge is essential. You can increase your chances of having the charges reduced or dismissed by refraining from making any statements in court and informing your attorney of any mitigating circumstances for consideration.
It can be stressful to face a DUI charge, but it doesnt have to be debilitating, as long as you have the right tools to do battle in the courtroom. Do your research, be informed, enlist the right attorney, and above all, stay positive.
You can also beat a DUI charge in Ohio through researching for a wide array of legal defenses such as challenging blood tests and sobriety tests, questioning the civil rights violations during the traffic stop, showing proper rights were given when stopped, and the questioning of the calibration or accuracy of the BAC testing device.
Additionally, you can use your recorded results of breath, blood, or urine tests to your advantage, as you can cross-reference these numbers with certain variables such as the kind of alcohol drank when the tests were done, the amount of time that passed between drinking and testing, and the body chemistry of the individual when tested.
More often than not, most accused of DUI can acquire reduced charges like a wet reckless, where the penalties are much less stringent. In the course of setting up your defense, make sure you provide a roadside survey of the area where you were taken into custody as well as documentation of your prior driving history, as these can further help your case.
It is also important to remember that every DUI charge in Ohio can be different. With that in mind, it is always wise to be prepared for the worst-case scenario and utilize the most powerful and current defense strategies available.
Moreover, when creating your defense, ideas of proving incapacity and/or intoxication can be explored, depending on the circumstances of the arrest and the sobriety tests administered. Additionally, a thorough examination of the overall events leading up to the arrest can lead to a deeper understanding and appreciation of all the elements of the officer’s report.
When attempting to prove incapacity, its important to account for certain factors that can play a pivotal role in knocking down a DUI charge such as a medical condition and/or intoxication by prescribed medications or even un-prescribed medications that had been taken recently prior to the traffic stop.
Success in beating a DUI charge in Ohio can also arise from an impoliteness charge, in which the arresting officer used inappropriate language or made false accusations. When this sort of evidence presents itself in an officer’s report, it is always important to note this in your defense in order to secure an acquittal.
Finally, as a last resort, plea negotiations can be explored and accepted if you have speedy trial concerns or other factors to consider. This poses an interesting legal predicament, in which defendants can find themselves weighing the costs of an outright acquittal along with the arraigning attorneys ideas of humane resolution – leading to a potentially reduced DUI charge in exchange for an admission of guilt to a lesser offense.
Nobody ever wants to face a DUI charge, but you dont have to face it alone. The key to success in beating a DUI in Ohio is to have knowledge of the legal system, as well as a thorough understanding of what works and what doesnt. Never go to court without an attorney, and always be prepared.