The penalties for a first-time OVI offense in Ohio include a fine of $1,075, six months in jail and a three-year driver's license suspension. Restrictive license plates and an ignition interlock device can be ordered by the court.
If you're facing an OVI charge, the first thing you must do is hire an attorney. When deciding which attorney to hire in Cincinnati, it's extremely important to hire one who focuses their practice on OVI defense.
My name is Mark Wieczorek and I am a former Hamilton County Prosecuting Attorney. Our law firm of skilled attorneys includes Joe Suhre, a former police officer and just last year we represented over 500 people charged with OVI. Over 95% of our business is dedicated to OVI defense.
We will appear with you at your arraignment. Arraignment is where we will enter the plea of not guilty, file motions to appeal the Administrative License Suspension ("ALS"), preserve evidence, and discovery. We will also address limited driving privileges. It is important that you bring a copy of a current insurance card for the car that was involved in the alleged violation.
A -hard suspension- is a period of time that must expire before the judge may grant any driving privileges. However, if the ALS appeal is granted, the "hard suspension time" can be avoided. Remember that limited driving privileges may only be given for occupational, educational, or vocational purposes.
After arraignment comes the pre-trial phase of the case. This is where I will meet with the assistant prosecuting attorney to discuss the direction your case will most likely take. The prosecution will hand over copies of all the State's evidence against you including the audio and video (if there is any), the arrest report, the impaired driver report that states the results of the field sobriety tests and the officer's narrative.
This will allow us to determine the strengths and weaknesses of the State's case. Together we will develop a theory of litigation of how best to exploit their weaknesses and how to overcome their strengths.
Next we will draft and file a motion to suppress. This is the core of the case. It is similar to trial in that the police officer will testify and we can call any additional witnesses to dispute his testimony. Here we will question whether the police officer had reasonable suspicion of criminal activity to justify the stop, whether the field sobriety tests were administered in substantial compliance with the National Highway Traffic Safety Administration Manual, whether there was probable cause to arrest you, and if the breath test (if applicable) complies with the standards set forth by the Ohio Department of Health and in the Ohio Administrative Code.
The judge will rule if the motion is granted and to what extent. There are a few things that could happen. The motion might be granted in full. If so, the case will ultimately be dismissed.
If the motion is partially granted, a portion of the evidence would be suppressed and could not be used against you. If the motion is denied, then we will determine if the case needs to be set for a bench trial or a jury trial.
If we choose to have a bench trial, the judge will hear the case and rule if you are guilty or not guilty. If we choose to have a jury trial, then a jury of 8 of your peers will hear the evidence and determine your guilt.
As you decide which attorney to hire, it is critical to retain one who practices OVI defense. I'm not talking about one or two a month. Or one who handles a divorce on Monday, drafts a will on Tuesday, prepares a tax return on Wednesday and is now ready for your arraignment on Thursday. I'm talking about a firm, made up of experienced litigators, that is retained two times each business day!
Suhre and Associates is that firm. Our lawyers include former assistant prosecuting attorneys and a former police officer who are dedicated to aggressive OVI defense. We are committed to developing a litigation theory to give your case the best possible outcome. And, most importantly, we are devoted to doing the right thing by providing customer service through human relationships with you through each and every aspect of the case.
If you have been unlucky enough to have been arrested for a somekeyword, the somekeyword with Suhre & Associates can assist with your DUI defense and efforts to regain driving priveledges after a license suspension for a Cincinnati DUI.
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