Cuyahoga County DUI Defense Lawyer
A conviction for operating a vehicle impaired (OVI) – also referred to as driving under the influence, or DUI – can have a permanent negative impact on your future. Cases that involve aggravating factors such as speeding, refusing to submit to a blood alcohol content test or causing the death of another person often result in incarceration.
It is critical that you hire an experienced defense attorney like ours at Patrick M. Farrell Co. L.P.A. in Brooklyn Heights. In a career spanning more than 30 years, Mr. Farrell has developed a reputation for successful defense work. From misdemeanor to felony offenses, you can rely on our firm to develop an aggressive strategy to protect your future.
Can I Fight DUI Charges in Cuyahoga County?
Yes. Never assume that a conviction is guaranteed. No matter what happened that led to your arrest, there are legal defense tactics you can use to fight the charges.
For instance, perhaps you believe there was no reason for the initial traffic stop. The officer just pulled you over at random and gave you a breath test, hoping you would fail. Even if you did, that initial stop may have been a violation of your rights. This could mean that all evidence from the subsequent stop – like the results of field sobriety tests or breath tests – is inadmissible in court. As you can imagine, this can entirely undermine the prosecution’s case and get the charges dropped. It can help you avoid a conviction and the potential ramifications, from jail time to a license suspension.
DUI Testing Isn’t Infallible
The next thing to remember while looking for a DUI defense lawyer is that the tests themselves may have been inaccurate. Can the officer even show that you were under the influence?
Take field sobriety tests, for example. They are far from perfect, even under the best circumstances, averaging around two false positives for every 10 people who go through the tests. You could stumble during the walk-and-turn test because you’re tired, not impaired. You could fail the one-leg stand because the officer doesn’t give you proper instructions. These are just two examples, but there are many reasons for failed field sobriety tests that have nothing to do with impairment.
Even breath tests can be wrong. Potential reasons include:
- Lack of calibration and maintenance
- Outside influences, like mouth alcohol
- Lack of training for the officer
- Failing to use an approved breath test
- Mistakes made while administering the test
You may fail a breath test, but even that doesn’t guarantee a conviction. It just means that you need legal representation so you can explore all your defense options. You may still get arrested and face criminal charges, but you still get your day in court. It helps to have experienced criminal defense lawyers on your side.
What Happens At A Cuyahoga County DUI Hearing?
Within five days of receiving your OVI ticket, you will appear in court for your first hearing – the arraignment. Here, you will plead guilty or not guilty. If you plead guilty, the judge will issue your sentence.
If you plead not guilty, you will soon attend a pre-trial hearing in which your criminal law attorney has the chance to negotiate with the prosecutor. If they do not reach a plea bargain, the next step is a motion hearing to determine which evidence should be allowed or suppressed. If this step still does not result in a plea bargain, the final step is a trial before a judge or jury.
Why You Should Not Give Up
Do not plead guilty without consulting us first. We often find ways to discredit the state’s case against our clients. For example, we have done so by challenging the results of field sobriety tests, arguing that the police violated your rights, or claiming that you did not have a BAC over the legal limit when you began driving. With us on your side, you could still have a fighting chance at getting dismissed charges, an acquittal or a mitigated sentence.
Consult A DUI/OVI Attorney Immediately
Time can make or break your fate in drunk or drugged driving cases. You need to get a lawyer as soon as possible to make sure you meet the deadlines. Call 216-661-5050 or send an email to set up a consultation with us.