The Burden Of Proving The Charge Is On The Prosecution
The standard is proof beyond a reasonable doubt. In other words, you are not required to prove your innocence.
The officer has to have a valid reason for pulling you over or having contact with you. Otherwise, the entire case may be dismissed.
- The officer’s decision to place you under arrest for DUI also has to be examined for being reasonable.
- The officer also has to comply with a set of protocols when administering any field sobriety tests.
Using Law Enforcement Mistakes To Your Benefit
Even if your DUI test result is over the limit, it is not simply an open and shut case. Dozens of potential errors and omissions can occur during the testing process.
A close examination of the police report, testing documents, and videotapes available in OVI cases will determine the strength or the weakness of the charge against you.
Problem areas for the prosecution include:
- The officer not giving the proper instructions for the field sobriety tests, the officer not demonstrating the field sobriety tests properly,
- Field testing conditions,
- Undisclosed physical limitations,
- Noncompliance with time limits,
- The testing of irregularities and failure to comply with the dozens of regulations and laws pertaining to the testing.
If arrested for DUI, you should immediately consult a criminal defense attorney experienced in DUI law. Any delay may result in missed deadlines for appeals and motions, lost evidence (such as dash-cam videotapes), and other OVI defense opportunities.
If there any significant flaws in your case, a skilled DUI lawyer can use them to reduce your charges, lower the level of your DUI charge, or force dismissal.
The ohiocrimelawyer.com website is designed for general information only. Any information on this site is not to be construed as formal legal advice from a criminal defense lawyer, a DUI lawyer, a family law lawyer, or estate planning, wills, trusts, and probate lawyer, nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek personal advice regarding their individual legal issues.
The attorneys in our law firm primarily service Portage County courts (Ravenna and Kent) from our office in Ravenna and Summit County courts (Akron, Stow, Barberton) from our office in Stow. Cases in all other courts in North East Ohio, such as Cuyahoga County courts, are handled under specific terms and conditions.