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OVI/DUI Defense in Northeast Ohio
What To Do If You Were Charged With OVI/DUI In Northeast Ohio
Being charged with OVI/DUI can be a highly stressful or even an overwhelming experience. To make matters worse, there is a lot of misinformation about OVI/DUI charges.
If you have been charged with OVI/DUI in Northeast Ohio, the first thing to do is to educate yourself about the legal consequences and the court procedures. The second thing to do, after you understand the situation better, is to hire an experienced OVI/DUI Attorney who will fight to get you the best outcome possible.
Consequences For OVI/DUI Convictions
Known by many acronyms, including OVI, DUI, OMVI, and DWI, a drunk driving conviction may result in serious and lasting consequences. The sentence for OVI/DUI in Ohio includes a mandatory driver’s license suspension, mandatory jail time, and a mandatory fine. It may also include yellow license plates, ignition interlock, and vehicle immobilization or forfeiture. Having a OVI/DUI on your record will result in additional life changing consequences, included but not limited to the following:
- higher auto insurance rates,
- loss of employment and decreased future employment opportunities,
- possible loss of a professional license,
- increased health insurance costs,
- loss of rights to immigration/travel.
It is important to note that an OVI/DUI conviction is a permanent record and cannot be sealed or expunged. As a result, the adverse effects of a OVI/DUI conviction can hamper you for years. It is thus imperative that you hire an experienced Attorney who will fight to get you the best outcome possible.
Contesting Ohio OVI/DUI Charges
You do not have to plead guilty and simply accept the OVI/DUI conviction and its consequences. Pleading Not Guilty and contesting the charge(s) with an experienced OVI/DUI attorney usually improves the outcome of your case in a variety of ways. Hiring a good Ohio OVI/DUI attorney may help you:
- Avoid an OVI/DUI conviction on your record
In many cases, an experienced attorney may be able to get OVI/DUI charges amended and reduced. Typically, they are reduced to the much less serious charges of “physical control” or “reckless operation.” Both of these charges carry much less severe punishment and life consequences than an OVI/DUI conviction in nearly all cases.
- Have your driver’s license returned
While the case is pending, you may be able to have your administrative license suspension terminated or stayed (which means you get your license back).
- Obtain driving privileges
If the administrative license suspension is not terminated or stayed, you may get driving privileges for work and other limited purposes.
- Avoid jail
You may be able to complete a driver intervention program (a.k.a. “DIP”) instead of the minimum three-day jail sentence.
- Avoid yellow license plates and ignition interlock
You may avoid the embarrassment of driving around with yellow license plates on your car, and/or the inconvenience of having to blow into an ignition interlock to start your car.
Strategies For OVI/DUI Defense
If you retain Justin Kerr as your Attorney on an OVI/DUI case, the strategy will be as follows: First, we enter a plea of Not Guilty and appeal the administrative license suspension. Then, we obtain all the evidence the prosecutor intends to introduce through Discovery Motions. Next, we investigate the evidence and research the legal issues, flushing out possible holes in the State’s case. Although the evidence may point to guilt on the surface, digging into all the details of the situation may reveal weakness in the prosecution’s case. There are literally dozens of potential angles to attack the prosecution’s case from depending on the specific facts of the case.
Based on the what we find, Attorney Kerr will in most cases file a motion to suppress evidence for issues such as: Did the officer have justification for stopping your vehicle? Did the officer have justification to detain you for a OVI/DUI investigation? Did the officer administer the field sobriety tests correctly? Did the officer have justification to arrest you for OVI/DUI? Did the police department follow the Ohio regulations for the breath test, blood test, or urine test? Was the machine in proper working order? Is the test scientifically reliable? Were records maintained correctly and paperwork completed properly? There may be any number of outside factors the state is not yet aware of which either point to your innocence on the OVI/DUI charges, or at least facts that are in mitigation.
After reviewing the evidence and investigating issues like these, in most cases, we file a motion to suppress. We then negotiate with the prosecuting attorney to reach an agreement that is acceptable. If we do not reach an acceptable agreement, we may have a contested hearing on the motion to suppress, and/or we may take the case to trial.
Geographic Areas For OVI/DUI Defense
The Justin Kerr Firm practices OVI/DUI defense in Municipal Courts, Common Pleas Courts, and Mayor’s Courts throughout Northeast Ohio, including the following counties: Cuyahoga, Medina, Summit, Lake, Portage and Lorain Counties.
Contact Northeast Ohio OVI/DUI Lawyers
Fees at the Justin Kerr Law Firm are based on expertise, experience, and service. You will be charge reasonable flat fees so you’ll know at the beginning the total cost of representation. Payment is accepted by check, credit card and debit card. If you would like to discuss how the Justin Kerr Law Firm can help with your OVI/DUI case, email justinkerr@justinkerrlaw.com or call 440-840-2582 to arrange a free consultation.