1st OVI Offense help
My 22 year old son was charged with an OVI on Dec. 26th. He had a clean record up until this point. He was in private property, got his car stuck on a curb going into the visitor parking lot. He was just moving his car off the street so it didnt get towed. However a resident saw him stuck, called the cops. When they pulled up he was outside of his car(it was running). He refused the Sobriety tests. He also found out he had a suspened license for an unpaid ticket in another state. The person that called the cops will testify to being drunk himself and not seeing my son actually driving the car. My son was rude with the cops, Laughing in there face etc. I know both are possible 1000 dollar fines and 6 months jail time. What are his odds for this case to get reduced? What are the average Lawyer fees? We have always told him not to blow, was this a good choice? How long until he can apply for work and school driving?
3 Answers from Attorneys
Re: 1st OVI Offense help
All things being equal, it's better not to blow than to blow over the limit. So not blowing was probably a good choice. However, when a person refuses to take a breath test he is not eligible for ocupational or educational driving privileges for 30 days. As far as the odds of getting the case reduced or the average lawyer fees, that all depends. Let me ask you this, what court is he in?
Re: 1st OVI Offense help
Without actual evidence that he was drunk and that he was driving, it will be tricky for them to get a conviction. A jury might be necessary to get him out of this, which increases the costs of representation as opposed to simply getting a plea....the police report becomes available once he becomes represented. He cannot drive for a month because of the refusal, but under the circumstances, it was probably a good move to refuse. I think the actual test here is whether anyone will testify that they saw HIM driving this car. Interesting anyway, but it is important to avoid a DUI here if at all possible...If this went to trial i would charge $2500..if not, far less.
Re: 1st OVI Offense help
The facts that you presented raise a number of questions. The first thing that your son needs to do is talk directly to an attorney who handles OVI cases regularly. He is going to need some serious money because he has a serious problem! Driving under suspension all by itself is a major offense for most people. I have been doing OVI cases for over 33 years. If you want to talk about this further, feel free to call or email me your contact information. No Charge or obligation for the call. Good Luck!
DHD
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