Category Archives: DUI Court Process

What happens when you go to court? These articles are designed to help you see what happens as your DUI case progresses through the court system.

Symbolism in the Modern American Courtroom

courtroomThis article will address some of the common symbolism found in the modern American courtroom and answers common questions such as why does a judge wears a black robe?  Why is the judge’s bench elevated?  This article will address some of the traditions and symbolism present in a typical American courtroom.  It is important that we remind ourselves of the symbolism because “[c]eremonial ritual achieves its power over the human mind and heart through the manipulation of symbols” Goodsell, [Read the full post. . .]

What Happens At A DUI Arraignment?

DUI ArraignmentThe following will happen when you appear for your DUI arraignment.

The Judge, will explain the complaint to you which details the offense(s) you are charged with, and will explain it to you if you do not understand the nature of the charge(s). The Judge will also advise you of the potential penalties.

You will have the opportunity to ask questions that you have on the rights explained here, the charge, or the maximum penalty possible under the law.

You [Read the full post. . .]

Burden Shifting At A Motion To Suppress Hearing

motion to suppressA motion to suppress is often the most critical phase of the OVI trial process.  Procedurally, the defense attorney files a motion challenging all of the government’s evidence.  Once this motion is filed the government has the burden of demonstrating the propriety of the arrest and that law enforcement substantially complied with the rules.

When a defendant challenges the admission of a breath-alcohol test, courts apply a burden shifting analysis. The state must show substantial compliance with ODH regulations, and

[Read the full post. . .]

The Importance of the Burden of Proof

burden of proofWe want our judges to stand up for the highest tenets of justice and apply the burden of proof in a fair and impartial way – especially when the pressure is on.  Here is a very pertinent quote from the Charlotte Observer.

The law presumes every citizen innocent, even when charged with DWI. A judge violates the judicial oath when he or she presumes that a citizen charged with DWI is guilty, gives greater weight to the state’s evidence, is

[Read the full post. . .]

A Motion To Suppress Is Vital In An Ohio DUI Case

motion to suppressIn State v. French, 72 Ohio St. 3d 446, 1995-Ohio-32, 646 N.E. 2d 887 (1995), the Ohio Supreme Court held that a pretrial motion to suppress is the only way to challenge the admissibility of a chemical test.  If not filed, the results will be automatically admissible at trial.  The prosecuting attorney will not need to lay a foundation and any objection by the defense as to their admission will be overruled by the judge.  This makes choosing an [Read the full post. . .]