Winning Your Ohio OVI Case

Are you the best OVI Attorney?

Often a prospective client will ask, “Are you the best OVI attorney?”  I always answer this question by saying that I am a damn good OVI attorney, but you should investigate me to determine if I am the best OVI attorney for you.  The most important decision you will make in your case is determining who will represent you.  Here are some things to help you find the best OVI attorney – FOR YOU!

How Much Of Your Practice Is Dedicated To OVI Defense?  

OVI defense is a complex area of law involving forensic science, specialized knowledge and litigation techniques specific to OVI.  Successful practitioners will have access to information, arguments, experts and materials that come from being exposed to multiple OVI cases.  OVI attorneys will have blogs, websites, materials, scientific studies, and books specific to the field.  Ask your potential attorney what OVI-specific organizations he belongs to, what legal education conferences he has spoken at or attended.

Ask your potential attorney to hand you his or her copy of the NHTSA Student Manual that he will use in court.  Does the attorney have one?  Is it up to date?  Thanks to the internet you can find out all you need to know by looking at other sites that the attorney is featured on.  On www.AVVO.com, attorney profiles have a breakdown of the lawyer’s practice areas that are self-reported by the attorney.  Your search for the best DUI attorney should start with a determination if the attorney does, in fact, practice in the area for which you are seeking representation.

I limit my practice to OVI defense.  100% of my time and energy is devoted to representing the accused drunk driver. 

What Are Your OVI Credentials?

Your search for the best OVI attorney should include a discussion of the attorney’s credentials. Credentials are earned through hard work and dedication to the cause of drunk driving defense.  Often, OVI attorneys receive specialized training and certification on the breath testing machines in their jurisdictions.  These certifications are invaluable in understanding how a machine could malfunction or give a falsely high reading.  Dedicated OVI counsel can also receive specialized training in the Standardized Field Sobriety Testing by becoming certified to administer and evaluate the field tests.

Having worked both sides of the DUI issue can also be an important credential.  Has the attorney ever worked as a prosecuting attorney?  Did the attorney prosecuted a OVI case?  Has the attorney ever lectured or written on OVI topics for journals, newspapers or bar associations?  The truth is that the internet has many directories or referral services where an attorney can be listed as a “OVI” attorney with little or no OVI experience whatsoever.  Yellow page advertisements, which often have OVI listed among many other practice areas, can also be misleading as to OVI credentials.  It is up to you to dig deeper and demand that the attorney demonstrate a depth of knowledge in OVI defense.

I am very proud of my credentials.  I believe myself to be amongst the most qualified and credentialed OVI attorneys in the country.  What is more, I am constantly trying to learn and improve.  You deserve nothing less.

Are You Experienced? Have You Ever Been Experience? Well, I Have

There is no substitute for experience. You should be confident in the knowledge that you have hired someone who has real experience defending OVI cases.  Ask the following and, if you don’t get straight answers, get up and leave: Have you ever tried a DUI case to a jury?  Has your attorney ever tried a felony OVI case?  Ever tried a “test” case (a case where the person blew into a breath machine)?

What about a “refusal” case (a case where the person refused to blow into a breath test machine)? Has the attorney ever tried a OVI case in federal court?   Have you ever argued cases involving dentures?  Has the attorney ever argued a case involving AMBIEN sleep medication?  Have you ever represented Doctors? Dentists? Pilots? Paramedics? Athletes? Cops? Other Lawyers? Military Personnel?  How many OVI Motions to Suppress have you done?  Have you ever done a motion or trial in the court where I will appear?

I can answer “YES” to each of these questions.  In addition to my lectures and writings on OVI topics I have testified as an expert witness on evidential breath testing for the United States government.  I am also proud to be the OVI defense attorney brought in to cross-exam police cadets at the Greene County Police Academy mock trial.

Will You Be Representing Me?

If you meet with a highly qualified, experienced and credentialed OVI attorney, make sure that he or she will be the attorney representing you at each stage of the case.  If the attorney says that his firm uses a “team approach” this may  be a way of saying that you will be shuffled off to an associate once you have paid.  Another evasion is for the attorney to say, “all of our attorneys are involved in your case.”  If you hire Michael Jordan make sure you don’t get someone who attended the Michael Jordan basketball camp.  Your case is the most important case in the world to you! You are not a commodity to be managed, but a client to receive the best the attorney has to offer.  When you decide that found the best DUI attorney, make sure that he or she will be the one doing the work.

At Babb & Rowland, I am the only attorney who handles drunk driving cases.  Barring an emergency I will be at every court appearance and I will be the person providing you information at every stage of your case.

What Do Other People Think Of You?

The legal profession requires a high degree of collaboration and cooperation with others in the legal community.  Often, successful attorneys will be an active member of their local or state bar associations.  Like jury trials, serving on boards, taking on leadership positions and having valuable “real-life” experiences demonstrate that the attorney has the ability to represent your interest.

You can also see your attorney’s rankings and endorsements on www.AVVO.com.  Use this information to inform your opinion.  Also, be sure to meet with the attorney face to face.  There is nothing like sitting down and having a conversation with someone to learn about that person.  Trust your instincts!  If something about the attorney seems off-putting in his office, imagine how nervous you will be when that attorney goes into a room to talk about your life without you there.  The OVI experience is traumatic and you are very vulnerable, so consider bringing someone you trust to interview the attorney with you.

At DaytonDUI we have developed a vibrant online community at www.Facebook.com/daytondui.  Join me to get an idea about my personality and my passion for my clients.  You can also refer to the About Me section of this blog to see that I have a long history of serving the bar, serving in leadership positions and volunteering my time to help others. 

Who Do You Work With?

An OVI attorney often relies on expert witnesses in defending cases, so being the best OVI attorney will mean using the best experts. Experts can prove vital to raising defenses to chemical tests and challenging the officer’s interpretations at the scene.  Experts can include optometrists, accident reconstruction experts, psychologists, private investigators, forensic toxicologists, doctors and forensic scientists.  Experienced OVI counsel will have worked with top-of-the-line experts in court and will know how to use them to your advantage.

Another benefit of hiring experienced counsel rests in knowing when not to rely upon an expert.  Ask for names, and case references and don’t be afraid to demand an interview with the expert prior to hiring them.  Remember the attorney works for you – you don’t work for the attorney.  In my career I have been fortunate enough to work with some truly great experts.  Most often I have relied on experts in the field of forensic toxicology to challenge the evidential chemical tests and I have relied upon former law enforcement officers to challenge the officer’s observations and administration of the standardized field sobriety tests.

I regularly attend the Mastering Science in OVI Seminar through the National College for DUI Defense.  At these seminars I am able to stay on the cutting edge of OVI defense and meet the best expert witnesses in the world. 

How Do You Get Paid And What Do You Cost?

My father always said, “If you know how somebody gets paid you’ll never get ripped off.”  Here are some common-sense questions to determine what you will be charged for? Will you be charged:

• A flat fee or will you pay a retainer fee and have an open-ended bill?
• Will your attorney be incentivized to keep the case going on longer?
• Will your attorney be incentivized to take any plea just to end the case?
• What about copy fees, filing fees, paralegal fees, or any other fees on top of your bill?
• Will you be billed monthly, weekly or all at once?
• Does the fee include the costs of a trial?
• Will the fee include the costs of an appeal?
• Does the fee include representation on case-related issues after the case is over (driver’s license issues)?

If the attorney won’t give straight answers to these questions be prepared to leave without hiring that attorney.  If you are shopping based on price alone, you probably won’t hire someone like me.  I am not “cheap” and I don’t want to be.  In my opinion, hiring an attorney based solely on price is as senseless as representing yourself.  Do not expect answers to fee questions over the telephone.  I cannot give you a realistic price unless I know all the information about you and your case.  It is inconceivable to me that a dedicated and ethical attorney could, or would, quote a fee without a thorough investigation of your case.  Asking for a quote over the phone is like asking the question, “what will I pay for a used car?”

So, Are You The Best OVI Attorney? 

This entire post has been giving you ways to determine who is the best OVI attorney for you.  I hope that I have been successful in putting you in a position to decide.  Here are some more common sense points to consider. Do not hire an attorney that promises outcomes or implies that they are the only lawyer who could handle your case.  You know better!  Never hire an attorney who puts down judges, prosecutors or other attorneys.

Confidence is an essential commodity in an attorney, but all that ethical counsel can promise is their best effort at defending you.  Some lawyers, through hard work, may be in a better position to recognize issues in your OVI case.   No lawyer will win all their cases, but you can’t win issues you don’t know exist.  Hire the person who is best situated to be your guide. As the old cowboys used to say, “he’ll do to ride the river with.”  Like all relationships, you will know when it is right. Rely on your judgment and experience and trust your instincts.  You will know whether or not you have found the best OVI attorney.

OHIO OVI DEFENSE

When people need an Ohio OVI defense attorney, the biggest challenge is knowing whether or not an attorney truly has the skills, knowledge, training, tools, resources, and strategies that are needed to successfully resolve and win drunk driving cases. Countless attorneys handle impaired driving cases. However,  only a small percentage have the skills that are needed to successfully resolve and win cases. Unfortunately for the public, even attorneys who have been practicing law for many years and devote a significant portion of their practice to OVI law, often don’t have the resources, and strategies that are needed to successfully resolve and win OVI cases. Make sure your attorney is  familiar with these “TOP 10” defenses to an Ohio OVI.

HIRE THE BEST OHIO OVI DEFENSE ATTORNEY

The most important decision that you can make in defending your case is hiring the right Ohio OVI defense attorney.  OVI defense involves understanding Ohio’s complex impaired driving  laws. Your attorney should be familiar with the Ohio Administrative Code, the breath test device and field sobriety testing. It is vital that they stay current on all manners of science which may affect your case. Defense begins with an attorney who has the experience to fight your case. And, possesses the scientific knowledge to attack in the right places. In addition, your attorney should credibly negotiate with the prosecuting attorney to secure the best outcome.  We have written “How To Hire An Ohio OVI defense Attorney” to help you understand some issues you may not consider.

ILLEGAL POLICE STOP

If the officer lacked proper cause to initiate a traffic stop, your case may be dismissed.  The Fourth Amendment requires an officer have a reasonable suspicion that a crime is being committed or about to be committed before making a traffic stop. Reasonable suspicion may consist of any minor traffic offense. Examples include speeding, weaving, an accident, expired plates, or a failure to activate headlights.  Upon being stopped the officer must establish an articulable reason to continue your detention to do an alcohol/drunk driving investigation.

IMPROPER ADMINISTRATION OF STANDARDIZED FIELD SOBRIETY TESTS

If an officer improperly administers the field tests the results are compromised. The officer often gives faulty instructions or misunderstands how to administer the tests. We see officers hold the accused to impossible standards. Improperly administered tests amount to nothing more than “Stupid Human Tricks.”  Standardized Field Sobriety Tests (SFST) were developed by the National Highway Traffic Safety Administration (NHTSA) to help determine the level of intoxication of a driver without chemical testing.

When an OVI suspect refuses a chemical test, the tests can be substantial evidence of intoxication. NHTSA has guidelines as to how the standardized field sobriety tests must be given. If the arresting officer fails to substantially comply with the guidelines established by the NHTSA, then the results of the tests are not admissible as evidence against the defendant. Your Ohio OVI defense attorney will be familiar with the standardized tests, the NHTSA manual and have experience cross-examining an arresting officer.

FAULTY INTERPRETATION OF THE STANDARDIZED FIELD SOBRIETY TESTS

The officer may say all of the right things to get a valid field sobriety test, and still improperly interpret what he or she is seeing.  Your Ohio OVI defense attorney will review any video of the stop to make sure that your fields tests were fairly administered and properly scored.  Arresting officers can (and do) misinterpret the performance of the SFST’s, and determine the performance to be a failure. The dashboard video and aggressive cross examination of the arresting officers will determine whether a DUI defendant actually failed the SFST’s, or if the officer made a mistake. If the defendant did not fail the SFST’s, the results will serve as evidence that the defendant was not intoxicated.

UNLAWFUL ARREST NOT SUPPORTED BY PROBABLE CAUSE

Assuming the officer has made a valid traffic stop, he or she must continue the investigation until probable cause exists for an OVI arrest.  Often, an officer intending to determine whether probable cause exists for an OVI arrest will make the arrest before this determination is made. When this happens, the officer has made an unlawful arrest, and all evidence obtained after the arrest may be deemed inadmissible in court.  Placing a suspect in a patrol car or ordering a suspect to follow directions before determining a suspect’s sobriety may constitute an unlawful arrest. If so, any evidence obtained regarding intoxication may be deemed inadmissible in court.

OFFICER ERROR PRIOR TO CHEMICAL TESTING

If any statements are made after the accused is in custody, they may excluded unless a proper Miranda warning was given.  The officer must also satisfy a 20 minute observation period prior to administering an evidential breath test.  The breath test must be given within three hours of operation.  The officer must make sure that the testing conditions are free from radio frequency interference and that the testing location is not otherwise compromised.

Prior to requesting a suspect to submit to a chemical test, the arresting officer is required inform the driver of the consequences of submitting to the test, the driver’s right to refuse to submit to the test and the consequences for so refusing. If the driver submits to the test, he may be providing the State with evidence of intoxication. Failure of the arresting officer to advise the suspect of the above may render the results of the test, or the refusal inadmissible, and may fail to justify a license suspension.  Your Ohio OVI defense attorney should have a firm understanding of the Ohio Administrative Code and its requirements for a proper chemical test.

BAD BREATH: A FLAWED BREATH MACHINE

Above we discussed defenses that arise prior to the administration of the chemical test.  There are also potential defenses present in the administration of the test. You Ohio DUI defense attorney will be familiar with the Ohio Administrative Code requirements regarding calibration and officer performance.  You should ask your Ohio OVI defense attorney to show you the “guts” of the tests that are available at the Ohio Department of Health website.  What is more, you should only hire an attorney who has become certified on the breath test machine or attended sufficient specialized training so that he or she can spot any issues with the results.  Machines, despite what some may say, are far from perfect and often a keen eye will result in a “Not Guilty.”

DISCOVERY, DISCOVERY, DISCOVERY

Your Ohio OVI defense attorney cannot defend you against an issue he or she does not know exists.  An experienced DUI defense attorney will get proper discovery to explore every possible defense.  Filing motions for discovery, motions to preserve evidence and expeditiously obtaining the evidence is a good start.  In every DUI case, I submit a comprehensive discovery request for every type of evidence possible.   I contact the law enforcement agency directly to place it on notice to preserve evidence. This evidence includes dashboard videos and booking videos. These videos must be requested before they are destroyed. These videos can be indispensable in establishing exactly how a field test was administered. They show how a driver performed. Importantly, they can also establish whether a driver’s speech was slurred. Often, these videos contradict an officer’s allegations and exonerate the driver.

CREDIBILITY IS KING

The coin of the realm in all plea negotiations is the credibility, experience and knowledge.  Credibility comes from presenting your case in a way that makes the prosecutor understand your arguments.  Experience is knowing when and where to be persuasive.  Most prosecutors distain whiners, bullies and bullshit artists, so don’t do it.  I always strive to earn the respect of every prosecutor I come into contact with.  Knowledge about Ohio DUI defense comes from being dedicated to learning as much as you can.  We once had a slogan that said, “Is your attorney thinking of DUI defense right now? If not, call DaytonDUI.”  I have practiced DUI defense since 1995. Most of those years include practicing DUI defense exclusively.  I continue to try to establish myself as one of the best DUI attorneys in Ohio.

NOTING MATTERS IF YOU WON’T FIGHT

You can have the best defenses in the world, but they won’t matter unless you pursue them.  A good attorney will not only pursue the best possible plea, but will prepare for trial.  Your attorney should provide context and give you enough information to make a good decision.  Your attorney has an obligation to give you information and abide by your decision.  If you think you have a good chance of winning, make sure you hire the best attorney.  In our office we say “good things happen at trial.” My motto is, “All I do is OVI defense.”