Are you facing an Ohio OVI (operating a vehicle under the influence)? One of the first things on your mind might be worrying about a conviction. How do I get my Ohio OVI dismissed? There are a few strategies that you can use to work towards a dismissal. Whether you have been arrested or are facing a trail, here are a few key points to consider for your case.
Challenging the Traffic Stop and Arrest
In almost all cases, an OVI case starts with a traffic stop by law enforcement. Sometimes, these stops were not legal. The law enforcement officer needs to have a valid reason for the stop, such as probable cause or a reasonable suspicion to pull your vehicle over. If the stop was unlawful, then your legal team could argue that the obtained evidence should be excluded.
Remember that you have protection under the Fourth Amendment, which protects people from unreasonable searches and seizures. Once again, if the stop violated your Fourth Amendment rights, that could impact your case.
Issues With Fifth and Sixth Amendment Rights
When you were stopped, did the officer inform you of your Fifth and Sixth Amendment rights? All officers should recite the Miranda warning, which allows you to protect yourself from self-incrimination. Any statement made without these warnings can be kept out of the case.
Additionally, you have a right to an attorney under the Sixth Amendment. If you were denied legal representation during any part of the questions, then your rights were violated. These rights allowed people to get fair treatment in the criminal justice system. When law enforcement violates those rights, your OVI may lead to a dismissal.
Challenges to Blood Alcohol and Breathalyzer Tests
For many cases, there can be challenges of the accuracy of the breathalyzer and blood alcohol test. Unfortunately, there have instances where the reliability and accuracy of the devices and tests have come into question.
Some of these flaws can lead to false positives. For example, if a breathalyzer device is not calibrated or maintained, it can produce false results. Along with that, your legal team could even question the officer’s use of the device. If they were not trained properly, it could cause them to misinterpret results.
Consider Plea Bargaining
If all else fails, you can always negotiate with the prosecutor. In some cases, they can reduce or even dismiss the OVI charges. Sometimes, you may have to plead to a lesser charge or complete a diversion program.
Learn More About Dismissing Your Ohio OVI
Keep in mind that every case has its own unique set of circumstances. For that reason, you will want to work with an experienced criminal defense attorney to assist with your case. They will examine the details of your stop and determine whether you can use any of the above issues to challenge the arrest. If you would like to know how to dismiss your Ohio OVI, reach out to Hunt Law LLC. To arrange a free consultation, please contact us at 330-469-9836.