You should have an aggressive and experienced DUI attorney from the start. Saving your ability to drive and avoiding lengthy jail terms becomes more difficult the longer you wait. Call 614-205-2208 to speak to a Columbus DUI lawyer now. We fight to defend you every step of the way.
Our goal on your first appearance is to get you back on the road so you don’t lose your job. Depending on the specific facts in your case, we attempt to find and use procedural errors to secure a termination or a stay of the initial license suspension. A “termination” ends the initial license suspension and a “stay” pauses the suspension. Either a termination or a stay of the license suspension will allow you to legally drive while your case is pending. If a termination or a stay is not an option in your case, driving privileges may be the next best option.
The license suspension law does not allow for a granting of driving privileges for at least 15 days from the date of the offense. This is often referred to as “hard time.” Hard time on your initial suspension can range from 15 days to 3 years depending on your prior record.
After requesting discovery, we thoroughly examine all of the evidence. This includes the officer’s report, the process and results of a chemical test, video, pictures, your account of the incident, and any other evidence the prosecutor may have in your case. This is a detailed analysis to determine the strengths and weaknesses of your specific case.
After reviewing the discovery, we file motions detailing what evidence we feel the prosecutor should not be able to use against you and why. Our goal here is to find and exploit errors in the evidence. If enough error is found, the judge should decide that evidence is not admissible in trial.
After we file motions, the court will set a date to hear argument from both sides. This is an opportunity for us to hear live testimony from the officers, lab technicians, medical personnel, and any other relevant witnesses. It allows us to attack the way they conducted field sobriety tests, attack the officer’s report, attack their testimony, and attack the results of any chemical test if one was taken. We can get a great feel for the likelihood of success in trial by holding a motion hearing.
Much like a motion hearing, a trial is another chance to attack the evidence against you. Our goal here is to convince the jury (or judge) that the prosecutor has not proven your guilt beyond a reasonable doubt. While we technically have no obligation to prove or disprove anything, it certainly helps. We will use the initial evidence, the record from the motion hearing, as well as witness testimony at trial to find inconsistencies and errors in the prosecutor’s case. Pointing out all of the flaws in the investigation and the evidence may result in a finding of NOT GUILTY.
If you happen to be found guilty or enter a plea prior to trial, the initial license suspension may be replaced by a court suspension. A “court suspension” is a license suspension imposed by the judge. As in your initial appearance, our goal here is to keep you driving so you don’t lose your job. We will request driving privileges if the court suspends your license. At the end of your suspension, it is very important to reinstate your license through the BMV. You cannot legally drive under your privileges once your court suspension runs out.
Whether you want to fight your case all the way or just want to make sure there are no surprises, we can help. Contact The Maher Law Firm for all your DUI defense needs. 614-205-2208.