Legal Question in DUI Law in Ohio

OVI Trial Odds

Considering the expense of trial, most cases never reach the trial stage is what I have learned from personal experience. If a defendent wishes to plea bargain at a pretrial hearing I would assume that the State may accept the idea, lets say for a first offense OVI then suggest a reckless operation violation. If for example, the reason for the OVI citation was post car accident symptoms including focus problems, speech problems, and physical stability problems suggesting impairment. These symptoms are also concussion symptoms and any physician will state this as fact. Add to the mix, the individual suffers from post concussion syndrome, a rather severe ailment that will occur after light car accidents producing all the normal ''assumed'' intoxication state of mind alerts. Also, if the police did not verify the intoxication with a breathalyzer or blood test. In short, too many assumptions made in a OVI citation (non arrest type). The question, with a fully documented defense including medical records, doctor testimony, and lack of evidence, what are the odds of a pre-trial reach of plea bargain with the State. Please be detailed and I will be grateful for any input.


Asked on 11/17/07, 12:46 am

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: OVI Trial Odds

You are right, most cases are resolved without a trial.

Favorable resolution of OVI cases has become much more difficult in the past 20 years. Pressure from the mothers against drunk driving (and all the related organizations) as well as a change in how society views drinking and driving have ratcheted up the pressure on prosecutors to demand a conviction to the OVI charge.

Therefore, in order to negotiate a favorable plea bargain the State must be convinced that you have a viable defense at trial AND that you are both able and willing to present that defense at trial. That means that the State must be convinced that you have the resources to pay a physician to appear at trial (he must appear live, reports don't count) and a willingness to risk the consequences of an adverse jury verdict.

Firt offense OVI carries a mandatory 3 days (either in jail or in an alcohol education program), but a potential of 180 days. Some judges will impose a more severe sentence if you go to trial and lose than if you admit the offense and plead guilty. Thus, at some level, the decision to go to trial includes a decision to risk a jail sentence of as much as 180 days.

If you can convince the State that you are ready to assume that risk, and that you have the ability to bring in the evidence to prove the defense, chances are you can negotiate some resolution.

I would advise anyone who is facing an OVI charge to get an experienced criminal defense attorney to represent them -- preferably someone who is known in the local community.

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Answered on 11/18/07, 11:51 am


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