A motion to suppress evidence will first have to be filed by your Columbus DUI or OVI Lawyer. If your case does not reach a satisfactory plea deal, the motion to suppress is the best way to determine what evidence will come in at trial. In addition, it is an opportunity to ask the cop questions and “lock” him into his answers without the jury present.
You will have discussed the risk and benefit of testifying before hand with your Columbus, Ohio DUI lawyer. All witnesses who will testify are then sworn in.
You lawyer will have a chance to ask the police officers involved in the case questions about the stop, detention, field tests, arrest, and any chemical tests. The hope is that they will not be able to establish their burden of probable cause to arrest and that some or all of the evidence in your case will be excluded from admission at trial.
Any plea offers on the table before the motion will likely be off the table if you lose the motion in a Columbus OVI / DUI case. However, if you are successful at the DUI or OVI motion, then the state will may make you an offer to enter a plea to a non-OVI /DUI related offense.
The best result is that all the evidence is suppressed; thereby establishing that the State could not establish they had probable cause to arrest you. This means that the prosecutor will likely dismiss the case.
Your lawyer will then discuss with you the merits of the plea and risks of a trial. A lawyer that limits his practice to DUI and OVI defense will be able to best explain what you should do.
And remember, if you or a family member has been arrested for DUI in the Columbus Area – call the office of Suhre & Associates at 614-827-2000. We are available 24-hours a day, 7 days a week. Because now is the best time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work… for you!