Do you need an attorney?
The short answer is yes. Operating a Vehicle Under the Influence of Alcohol or Drugs (OVI), is usually charged as a misdemeanor of the first degree in Ohio where an individual is suspected by law enforcement of having violated Ohio Revised Code Section 4511.19. Section 4511.19 of the Ohio Revised Code is the law in Ohio which prohibits operating a vehicle under the influence. This includes more than just alcohol. Marijuana, cocaine, heroin and several other substances can put someone in jeopardy of being charged with an OVI. Upon a conviction, there is a MANDATORY 3 days that must be served, a license suspension, and a mandatory minimum fine of $375. Those who have prior convictions are subject to even higher penalties and mandatory jail time. This is not a charge to take lightly.
What is an OVI?
Many states call it DUI, but OVI is the term that Ohio uses for drunk driving. Criminal defense attorney Brian C. Morrissey has years of experience working the criminal justice system and represents clients charged with all variety of OVI/Drunk Driving offenses. If law enforcement suspects that you are operating a vehicle while impaired, you can be arrested.
An OVI arrest does not mean you are guilty. Police officers can make mistakes. The hyper-technical laws surrounding the regulation of OVI laws can be convoluted and confusing. You owe it to yourself to become educated about what to expect and, just as importantly, what to do about it. You deserve an attorney who will take the time to look over your case and give you the representation you need.
OVI FAQ
· What should I do if I’m charged with an OVI in Ohio?
The first thing you should do is call an attorney. There are certain issues like the administrative license suspension that have strict timelines for when they need to be addressed. There are also short term issues like driving privileges that will need to be addressed assuming that the person either tested over the limit for the breath test or refused a test. Calling an attorney to discuss the potential issues is a great thing to do.
· What if I cannot afford an attorney?
If you cannot afford an attorney, make sure that you show up at your court date and tell the judge or magistrate your situation. You have the right to an attorney and the court can assign a public defender or appoint an attorney to you if you cannot hire one on your own.
· Can I drive with a pending OVI?
That depends on your situation. In most cases in the state of Ohio, an officer will read a form to you and inform you that you cannot drive. That happens if you are given a breath test and you blow over the presumptive limit of .08, or if you are asked to do a breath test and refuse to do so. There are some situations where an officer does not inform a person that they cannot drive, but it is usually safest to not drive until you hear from a court that you are permitted to drive.
· When can I drive after being cited with an OVI?
That also depends on your circumstances. If it is your first offense and you blew over the limit, you can potentially drive in a few days if a judge allows you to. A judge would have to grant limited driving privileges and a person can only drive within those limited privileges. Generally, those privileges are for work, school, or other necessary medical appointments but can be given for any driving that is necessary if a judge allows. If you have previous convictions then the wait time will be longer before you can be given privileges, and depends on the circumstances of the case. In some cases it can be months before a person is allowed to have privileges.
· How can I fight an OVI case?
OVI cases are not easy cases to deal with as people die every year from drunk driving. Prosecutors generally take these cases very seriously. The best way to fight the case is to look at the evidence to see if the officer had a reason to pull over the vehicle. If the officer did not have probable cause to pull someone over for a traffic violation, for example, then a motion to suppress can be filed to keep out any evidence that was gained as a result of the illegal stop.
Beyond that, the officer needs to have enough evidence to believe that a person is intoxicated in order to ask anyone to do field sobriety tests or a breath test. If these tests are not done correctly, then motions can be filed to keep out the tests.
There is also the issues of operation of the vehicle. Sometimes a crash occurs and officers do not see who is driving the vehicle. By the time they show up, they see people outside of the car. If they cannot say who drove the vehicle, then that is another issue that could show reasonable doubt.
There are several ways to fight an OVI case depending on the facts. Every case is different and some cases are very difficult to defend.
· What if I do not want to go to trial?
Plenty of clients realize that they made a mistake and want to end this case as quickly as possible with the best outcome possible. In cases like that, you still need an attorney to make sure that the officers did their job correctly. If the case is beatable, the client needs to know that before deciding to take a plea. Sometimes a prosecutor will offer to reduce a charge which can save points on the client’s record, and reduce the possibility of jail depending on the offer. There are plenty of details to discuss with the client to make sure they are fully informed about the consequences of a conviction. Once informed, a client can either plea to the charge or to a lesser charge if that is the offer from the prosecutor. There are many considerations in taking a plea to a lesser charge, and sometimes it’s a bad idea if the facts are favorable to the client. Talking to a criminal defense lawyer will allow you to assess your situation.
· What if I want to go to trial?
Sometimes an officer charges for a charge that they cannot prove. The evidence does not show impairment, the officer did not do a good job, or the prosecution has issues proving their case. In these cases, it is usually a good idea to take a case to trial. That is a difficult decision to make and one that should be made only after consulting your attorney.
· Should I try a case to a judge or a jury?
It depends on your judge and depends on the venue but in general, I tend to favor juries over judges for OVI trials. Juries are made up of people in the community and some of the jurors have made mistakes themselves or even have OVI convictions of their own. Additionally, in a misdemeanor trial there are 8 people that have to vote for guilt as opposed to 1 judge. Convincing 8 people instead of just 1 judge that a person is guilty is a tougher job for a prosecutor. Now, if there is a legal issue to be determined then a judge is a better option in certain circumstances. If a person is charged with OVI they have the right to a trial to a jury or to a judge and is a decision that must be made after consulting an attorney.
What can you do?
Call now at 419-830-7441 for a free, no obligation, consultation with an experienced criminal defense lawyer. The office is located at 413 N. Michigan Street in Toledo, Ohio 43604.
