Legal Question in DUI Law in Ohio

Re: First Court Appearance OVI non-arrest

What you are asking about here deals with strategy. I know people who suggest both ways.

If you waive the speedy trial, it is true that the case can be delayed which can provide additional time to build a defense. However, it also gives the prosecution more time to build their case against you. It also gives them more time to make sure they can get their witnesses (officer on the scene, BAC test operator, etc.) to show up for court. If the prosecution witnesses don't show up, there is no case.

Initially, it might be best to not waive your speedy trial, because you can always waive it later if you need to; once it is waived though, you have lost that right.

Hopefully in dealing with an OVI you are planning to have a lawyer represent you. There are many issues involved that are not readily apparent, such as the effect on your driver's license or ability to get a CDL. A lawyer can also evaluate how strong of a defense you may be able to present and whether it is in your best interest to take a plea deal rather than face the risk of being found guilty of the OVI charge.

If you will be getting an attorney, I suggest either asking them what to do before you enter your plea or not waiving your time and let he or she decide whether or not to do it later.

If you have any further questions or would like to speak more specifically about your case, feel free to contact me.