Asserting An Affirmative Defense In An OVI
In an Ohio OVI, a defendant may rely on an affirmative defense. The Ohio Revised Code 2901.05(C) recognizes an affirmative defense to certain crimes and offenders. If an affirmative defense is asserted, the burden of proof is on the defendant to prove the affirmative defense by a preponderance of the evidence.
The following are the affirmative defenses are recognized:
If you plan to assert an affirmative defense, it will be raised at the trial stage and not in a pre-trial motion. Often, the biggest hurdle in the assertion of an affirmative defense will be crafting the affirmative defense and having the court agree to instruct the jury on the affirmative defense. The decision to assert an affirmative defense is a monumental one. It will shift the burden away from the government and onto the defendant. It should only be asserted when the defendant is on firm legal grounds and sure that it is the best legal strategy. Talk to your Ohio OVI attorney at length if you think asserting an affirmative defense is in your best interest.
Ohio DUI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671. You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500. Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog. You can emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI defense.”
Find information on an OVI affirmative defense and other city-specific info at the following links: