OVI Citation/ Failure to Control
While driving home after a night out, I swerved to miss a deer. I lost control of my vehicle and hit a telephone pole 3ft off the edge of the road. I suffered a severe concussion and was unaware i hit a pole....thinking i hit the deer when i awoke. Then an individual stopped to help me. I was only miles from my friends house so i decided to drive there and deal with the police then. The individual followed me to the house and I awaited the police. I was not driving when the police arrived, I was not given a breathalyzer, and there are no tapes of me driving impaired. I have partial permanent disabilities in my legs and spine so i could not perform the sobriety tests. I was cited with failure to control and OVI. I was not arrested for OVI and the police left. I was not jailed and my vehicle was not impounded. Is this scenario strange and do I have a defense if I obtain an attorney. The police do not know what my BAC was and I was wreckless more due to being tired and I couldnt perform the tests since I just nailed a telephone pole. Attorney needed yes or no and is this a muddy case.
2 Answers from Attorneys
Re: OVI Citation/ Failure to Control
Obviously, an attorney is going to tell you that you should seek a lawyer for pretty much any legal issue because lawyers have specialized legal knowledge and training. So yes, an attorney is needed here.
Besides all that though, I do think you have a good argument against the OVI. Since there was no BAC test given to you, and from what you tell me it sounds like there were no witnesses, based on your story it sounds like you were charged with OVI due to your failure to perform the sobriety tests. If you can show through a doctor's testimony that your failure to perform the tests was due to a medical condition, unless the officer who cited you has other reasoning to cite you with OVI (alcohol on breath, slurred speech, etc.), you probably have a good chance of beating the OVI charge.
In order to beat the charge, or at least contest it, you are better off having an attorney help you. He or she can help prepare your case and give you the best chance against the OVI.
If you have further questions or would like to schedule a time to talk more specifically about your case, feel free to contact me.
Re: OVI Citation/ Failure to Control
I think you should contact several attorneys; many will offer you a free initial interview and case evaluation. Based on the facts that you described is sounds like you may have a defense to the OVI charge. If you are in the Columbus area feel free to contact our firm.
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