It’s a near-certainty that when a person is arrested for a DUI, he will be approached by a prosecutor to make a deal — that is to plead in a certain manner to a certain offense, in return for some concessions. Never plead guilty before speaking to an experienced criminal defense attorney in Ohio. Let him gather all the information about the case and help you find a way to keep your driver’s license and potentially avoid a criminal record, and an aggressive attorney will know the strengths of your case, the mistakes law enforcement may have made during the arrest and how it can best be used to your advantage in court.
Failing the breathalyzer test in Ohio is not automatically guilty. These machines are notoriously not perfect, law enforcement often operates them incorrectly and they aren’t always maintained as required in Ohio. This test can be inaccurate by up to plus or minus 12.5%, which leaves a large margin for error. The best skilled criminal defense attorney will gather the details and find all the errors that might have been made and the results of the test will be suppressed from being used against you as evidence.
Remember the very second you are pulled over law enforcement is building a case against you. Remain in your car with both hands visible on the wheel. This will put the officer at ease by showing them that you are not fishing around in your vehicle for a potential weapon. If you end up being arrested, don’t say anything to the cops that will be used against you at a later time. Simply state that you would like to call a criminal defense attorney.
Everyone in America is protected under the fourth amendment. All citizens are protected from unwarranted, intrusive interrogations. The driver must exhibit signs of intoxication or reckless behavior due to drugs or alcohol. No one can be stopped without reasonable cause. If the arresting officer cannot prove suspicions, the case may be dropped. If there is reasonable doubt that the driver was not intoxicated or impaired while driving, the court will dismiss the case.
If Miranda Rights are not read during the arrest, the case is closed. Every single American citizen is afforded these rights.
The Bottom Line: Mistakes happen to everyone. Just because you have been charged with a DUI doesn’t mean you are guilty, nor does it mean you can’t possibly beat the DUI charges you’re facing. Many of us drink socially and all of us can find ourselves facing a DUI charge. Unfortunately, Ohio has some of the strictest drunk driving laws in the country. If you are pulled over, be polite, but It’s your right to remain silent and ask to call a criminal defense attorney. Put my number in your phone and call me any day or night. 513-260-2099