June 18, 2013 | Court Procedure, Defenses, OVI / DUI Law

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… read more

April 8, 2013 | Court Procedure, Defenses, OVI / DUI Law

If you refuse the test after a Columbus, Ohio DUI or OVI arrest, can it be used against you? Yes. The jury will be instructed that they may, but do not have to, consider the fact that you refused the breath test as evidence of guilt. However, your lawyer may be able to get a… read more

February 2, 2012 | Defenses

Half my clients want to know if I can make their Columbus DUI go away. The other half want to know if I can get them a deal. The most common deal offered is a reduction from to reckless operation. This usually requires that no aggravating facts exist. Things that can prevent a reduction are… read more

January 19, 2012 | Defenses

Miranda warnings are important in a DUI case once you are being interrogated in custody. Interrogation is where the police ask you questions about your DUI like whether you were drinking, driving, drugs, time of operation, and being under the influence. Custody can apply to being back at the station in an interview room. Less… read more

March 28, 2011 | Defenses

First off, your DUI is not a simple matter. It is complex, but not complicated. A DUI is a misdemeanor of the first degree. It is the highest level misdemeanor you can be charged with. Even on a first DUI, you are exposed to the following consequences: mandatory jail, mandatory fine, mandatory license suspension, a… read more

January 5, 2011 | Defenses

You have the choice to testify as a defendant in a criminal case. However, in my opinion, nothing good is going to come out of putting your client on the stand. However, some people just have to get their story out. Your lawyer will want to put it on the record that he has advised… read more

December 7, 2010 | Defenses

Here are some more common defenses to a charge of DUI: Breath/blood ratio (2100:1) not proven to be your ratio; show how minor error gets multiplied 2100 times; 0.12 = 17/10,000,000th of an ounce. Show you have abnormally low blood/breath conversion ratio through testing and expert. Inherent sampling variability or margin of error (e.g., 0.081… read more

November 30, 2010 | Defenses, OVI / DUI Law

Let’s talk about some other defenses to an over the per se limit. There could be a false positive from consumption of unintentional alcohol (e.g. from Nyquil, Vicks Formula 44, lip balms, toothache drops). If you had something in your mouth prior to the breath test containing alcohol (e.g. Breath Drops with SD alcohol). Something… read more

November 19, 2010 | Defenses

Some additional factors that must be considered by your OVI defense attorney include: vomiting, belching within 20 minutes of test – no rinsing of mouth, or inadequate waiting period before retest will invalidate a breath test result. Also certain medical conditions/health issues make the breath test inherently unreliable. They include: A. gastric reflux, hiatal hernia… read more

November 16, 2010 | Defenses

After a police officer arrests a suspect for DUI, they will most likely transport them back to the police station and ask them to submit to a blood, breath or urine test. In Ohio, the arrested does not have a choice which test to submit to. The most common testing method is the breath test…. read more