In State v. Bower, 2010-Ohio-4420, Defendant Dustin Bowers was arrested for OVI (drunk driving) and a chemical test of his breath resulted in a BAC reading of .085. He was given appointed counsel on September 11, 2010 and counsel filed for discovery pursuant to Crim.R. 16. It was not until November 9, 2010 (62 days after the arraignment) that counsel filed for leave to file a motion to suppress. The Court denied leave and the Defendant was found guilty. Defendant appealed and the 5th Dist. Ct. of Appeals denied his appeal. The court reasoned that it will not disturb the court’s ruling absent an abuse of discretion.
Pursuant to Crim.R.12(D), all pre-trial motions must be filed within 35 days of the arraignment. This puts the Ohio OVI lawyer between a rock and a hard place. If no motion is filed, then your client loses his/her opportunity to prevent improper evidence from coming before the jury. If, however, you file a motion in every case, court’s may discount (and in some cases dismiss) your motions because they are not specific. See Related: Trial Attorney Toolkit -Motion in Limine; DUI Motion to Suppress; Who has the burden of going forward?; It is incumbent upon the attorney to protect his client by walking this procedural minefield.
This decision places great emphasis on hiring an Ohio OVI attorney who is fully aware of what is required to protect and defend you. Charles M. Rowland II dedicates his practice to defending the accused drunk driver. If you are in need of counsel, contact Charles Rowland at (937) 318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263) or visit www.DaytonDUI.com.