Columbus OVI / DUI Attorney

The knowledge and expertise of a Columbus Ohio OVI / DUI Attorney could make the difference between a conviction and an acquittal.

An Overview of the OVI Defense Process in the State of Ohio, that all good Columbus OVI / DUI Attorney must know.

• ARRAIGNMENT

  • Your arraignment is essentially your initial appearance on the OVI charge. At that initial appearance, your attorney will address preliminary issues with the case. Depending on the court where your case is heard, your appearance may or may not be required. In some jurisdictions, your attorney can handle these preliminary matters without your presence in court. However, in other courts, your appearance will be required for even the most minor court dates. Frequently, the initial arraignment date is where your attorney will appeal your administrative license suspension. Depending on the jurisdiction of your case, along with the facts and circumstances of your case, your attorney may be able to secure a stay of the administrative license suspension so that you may begin driving again immediately. In other jurisdictions, a stay may not be possible. In those situations, every attempt should be made to secure limited driving privileges at the earliest opportunity. How soon you are eligible to drive depends on a number of factors. Typically an administrative license suspension requires a period of hard time where you are in eligible to drive at all. However, after that hard time, you can petition the court for discretionary limited driving privileges. Furthermore, at the arraignment date your attorney will typically start the discovery process to gain more information in regards to the allegations against you. Then, depending on the circumstances, your attorney will either continue the case for another arraignment date or enter a not guilty plea on your behalf. But regardless, at some point during the arraignment process a plea will need to be entered on your behalf.

• PRETRIAL

  • The pretrial is also a preliminary-type hearing. It is basically the first hearing date with your assigned judge and assigned prosecutor. In some smaller jurisdictions where there is only one judge, obviously your case will be heard by that judge. However, in larger jurisdictions where there are multiple judges, your case will typically be randomly assigned to one of those judges. The prosecutor assignment may then be based upon such things as the assigned Judge, or the defendant’s last name. At the pretrial date, your attorney and prosecutor may begin the process of potential plea bargaining. More often, your attorney will attempt to complete the discovery process at this point, which would include trying to secure any additional audio, video or written evidence in your case. Your attorney may also discuss with issue of limited driving privileges with the Judge if those have not already been granted. Typically, the pretrial date will then be continued for either another pretrial to finish the discovery process, or a contested hearing date called a motion hearing or a suppression hearing.

• MOTION HEARING

  • The motion hearing is an evidentiary hearing based upon motions to suppress and/or dismiss that your attorney is likely to file with the court in most OVI/DUI cases. At the motion hearing, there is no jury present, however the judge may typically hear evidence from witnesses who are subject to cross-examination, and hear arguments from counsel, in regards to preliminary evidentiary issues in the case. The motion hearing, for example, is where your attorney can argue preliminary evidentiary issues such as whether there was reasonable suspicion to stop your vehicle, or was there probable cause to arrest you? It is at this stage, where your attorney will also need to challenge the admissibility of any chemical test. Typically then, based upon the outcome of the motion hearing, your case will either be continued for a disposition or a trial date. Consequently, the motion hearing is the stage of the proceedings where you will often reach a potential resolution in the case.

• DISPOSITION

  • The disposition date is essentially the final appearance on your case. Typically the case will be set for disposition date if there has been some type of negotiated plea bargain which is reached at the pretrial or motion hearing date. This will be the date where the judge imposes a sentence based upon the plea that is entered. Typically if we are setting the case for disposition date it means that we have been offered some type of amended charge to the benefit of the client. If the prosecution was unwilling, or we were unable, to reach a plea agreement, the case will usually then be set for a jury trial date.

• JURY TRIAL

  • The jury trial is an opportunity for the case to be litigated on its facts. At the trial date, the prosecution bears the burden of proving every element of the case against you beyond a reasonable doubt. In misdemeanor cases, the jury is comprised of eight members of the community. At the trial, the decision of the jury must be unanimous, meaning all eight members of the jury must be firmly convinced of either your guilt or innocence. At the trial it is your attorney’s obligation and duty to challenge the state’s case and submit a vigorous defense on your behalf. If the jury acquits you, you will have no OVI/DUI record of conviction at all. If you are convicted, the court will typically proceed to sentencing you on the OVI/DUI and any other related charges.