In this video, we walk you through the typical OVI process.
OVI PROCESS – ARRAIGNMENT
Following an OVI arrest, you will attend your ARRAIGNMENT. This hearing is designed to allow you to enter a plea. No doubt, you will have considered getting an attorney. We offer a free consultation. Furthermore, I make myself available immediately. If you have an attorney at this point, you may not have to attend this hearing. If you hire me, we file paperwork with the court. This paperwork will tell the court you have an attorney. In addition, we file other important papers to protect your rights. One of the documents we file is a request for a pre-trial.
After your arraignment, we will take steps to get your DRIVING PRIVILEGES back. Often, not being able to drive is the worst part of the OVI process. After the passage of a number of days, you will be granted privileges to drive. Most of our clients say that getting back to driving is like getting their life back. Depending on the court, you may wait a few weeks to a couple of months to attend your pre-trial.
Plea bargaining, plea negotiation, PRE-TRIAL – they are all the same thing. Your attorney will go into a room and meet with the prosecuting attorney. The prosecutor represents the government. Most of the time, you will not be in the room. It is very uncommon for the arresting police officer to attend a pre-trial. The result of the pre-trial is an OFFER. You and your attorney will discuss what the offer means and whether or not you should accept the government’s resolution. This is the most important decision you will make in your case.
MOTION TO SUPPRESS
If the offer is not acceptable, you will file a MOTION TO SUPPRESS. At the motion, you will have a full hearing in front of the judge. The prosecutor will call the arresting officer to testify. Your attorney will have the opportunity to challenge the officer’s observations. If a chemical (breath) test was conducted, your attorney will challenge the test. You will not testify. Instead, your attorney may call an expert. All of these matters should be thoroughly discussed with your attorney prior to the hearing.
If the motion to suppress is not successful, you will have your case proceed to TRIAL. Trials are very uncommon. Only two to five percent of all cases go to trial. At this point it is important to have an attorney who has the experience and resources to try your case. It is important to stand up for your rights. I represent many people for OVI, but your case is the only one you will likely ever have. Therefore, it is important that you talk with me. An open line of communication is essential. Finally, know that we are a team but you are in charge.
If you need an OVI attorney, please give me a call at (937) 318-1384 or 888-ROWLAND. “All I do is DUI defense.”