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:Entrapment Insanity Self-Defense Intoxication Duress BlackoutIf 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...
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