How to Move for Dismissal for OVI in Ohio

If you are a driver in Ohio, it is important to understand just how strict Ohio’s laws are when it comes to driving and/or operating under the influence (DUI/OVI). Individuals who face OVI charges can expect to see very harsh penalties that include fines, potential jail time, and driver’s license suspensions.

But like with any type of criminal charge, there are steps you can take to defend yourself if you have received an OVI charge in Ohio. You and the Columbus OVI lawyer that you work with can choose the best defense for your specific case, but below we are going take a look at how an individual can move for dismissal for an OVI charge.

Disclaimer: The following is not intended as legal advice, it is general information meant to inform. Please contact The Maher Law Firm for legal advice and guidance related to your specific case.

An OVI charge is a serious charge in Ohio, but you can fight to have the charge dismissed in a few different ways.

How Do I Get My Ohio OVI Dismissed?

In order to get your Ohio OVI dismissed, there are a few potential reasons that you and your lawyer can work to build your case around getting dismissed.

1. An invalid traffic stop: If you are being charged with an OVI, you were most likely pulled over by a police officer. Traffic stops typically happen if an officer believes that you were driving in a way that indicates that you were not sober, such as swerving, ignoring traffic lights, or generally strange behavior while driving. If an officer did not have probable cause to pull you over or failed to carry out another step of the traffic stop correctly, you may be able to establish that the stop was invalid.
2. Issues with testing methods: There are certain tests that the police can administer to determine a driver’s intoxication levels including field sobriety tests and breathalyzer tests. At times, these testing methods may be proven to be faulty, to have been conducted in a manner that does not align with state or federal guidelines, or if they were not given with proper instruction.
3. If you were not actually under the influence: While driving under the influence of drugs or alcohol can cause certain characteristics in a driver such as slurring when speaking, unusual driving, ignoring traffic signs, and more, they are not the only causes of these types of characteristics. Such characteristics can also be caused by medical prescriptions, medical conditions, and sickness. You and your lawyer may be able to present proof that you were not actually driving under the influence at the time of the OVI charge.

Be sure to consult with your Columbus OVI lawyer about which of the above may be relevant to your individual case and seek a dismissal.

How Do I Get My OVI Reduced in Ohio?

Sometimes a dismissal can happen in favor of reduced charges. And other times, a move to seek an OVI dismissal may fail. But you can still seek to have an OVI charge reduced in Ohio.

Sometimes a dismissal is not possible because evidence and circumstances are unclear. But a potential reduced charge can still be possible depending on your situation, often resulting in an OVI charge being dropped to a lesser charge like reckless driving.

Circumstances in which you may be able to get an OVI charge reduced in Ohio include:

• If your OVI charge is your first OVI offense.
• If an accident was not caused.
• If the charged has no prior convictions.
• If the blood alcohol level was barely over the legal limit.
• If there is a lack of sufficient evidence.

What is a Motion to Suppress OVI in Ohio?

Lastly, to wrap up our look at how to move for dismissal for OVI in Ohio, let’s briefly look at what a motion to suppress is.

A motion is a document that is filed with the relevant court for your case that lays out a claim that there has been a violation of your rights in some capacity. This violation might fall under statutory, constitutional, or administrative. A motion to suppress will make an argument that some or all of the evidence in your case should be considered as inadmissible – i.e., that the evidence should not be used in the trial.

A motion to suppress that is successful can have a very big impact on your case and the potential outcome. Any evidence that is suppressed via the motion will not be considered in the case and by the jury. Potential evidence that can be suppressed includes field sobriety tests and self-incriminating statements.

Contact an Experienced Columbus OVI Lawyer

At The Maher Law Firm, you will find that our founder and Columbus OVI lawyer Colin Maher is fully dedicated to defending all clients he works with. With over 10 years of experience, Colin Maher offers aggressive representation for every single case that he takes on and he will be able to ensure that you understand your legal rights throughout your case. The knowledge and skilled representation of an experienced Columbus OVI lawyer can really make a key difference between a conviction and an acquittal, reduced charges, or a dismissal.

If you are facing a DUI/OVI charge, you can reach out today to schedule a completely free and confidential consultation with a trusted and experienced Columbus OVI lawyer. You can contact our law firm over the phone at 614-205-2208 or by reaching out online.