Don’t Hire a Ohio Dump Truck DUI Attorney

Anyone who is arrested for DUI (driving under the influence) will have to face criminal charges and you would need a lawyer to defend your case. There are many highly qualified lawyers who can assist you, but it is always crucial to double check before hiring a lawyer. Some have expertise in civil while some are criminal lawyers.  You need to check certain details and do a fair amount of research to make sure you have hired the right lawyer to help you. This indeed is a wise decision. Always dig a little deeper. Meet with a few lawyers before you decide.

Let’s see how we spot Ohio dump truck DUI / OVI lawyer.

The first thing you need to do is you must analyze the information such as how many years she/he is practicing law , Is h/she a specialized DUI lawyer and his percentage of DUI cases, how many DUI cases are handled by the lawyer and his track record. Also consider the location. Choosing a lawyer in another location than where you live can make the process even more difficult. All these considerations will help you make a good decision on who represents you

Beware of Dump Track Lawyer: Dump truck is a term used by some lawyers to describe lawyers who try to make money on volume by pleading clients guilty at early stages of the proceedings even without reviewing any discovery, pursuing any motions, or subpoenaing officers or criminalist to DMV hearings instead of actually trying to win. In simple words, they don’t fight for you.

You should know the traits of such lawyers. Such lawyers ignore your questions and use false promises like” I will take care of it’ “You need not worry about that”. They make false promises like they will charge you less and there is no need to appear at court. You have to understand that all these are traits used by Dump Track lawyers.

The relation between you and your lawyer should be very personal. Select a lawyer who is personable as an individual. Personal chemistry between the lawyer and the client can be the most helpful factor in easing an already stressful situation for you. You have to discuss all the details of your case and the lawyer to develop the right approach towards winning the case. Many lawyers are not equipped to handle the complicated DUI/drunken driving cases. Always remember that you should feel comfortable and confident with your lawyer in communicating and understanding the DUI charges. Recommendations/referrals from friends can help but you need to keep in mind that the cases vary. Your friend’s case might be different than yours. Do not hire any lawyer who does a brief discussion over the phone without addressing all aspects of your case. Any good lawyer would like to meet the person and have a lengthy discussion with him knowing what exactly has happened. If it is really not possible to meet the person, at least the phone consultation should be thorough.

Choosing the right Ohio DUI lawyer will save your drivers license and help you in reducing the DUI charge. Take you time to decide who to hire.

Client’s first concern after a Ohio DUI arrest is when can I drive?  

First, you do not get your license back until your case and suspension are over in Ohio.  Do not go to the Bureau of Motor Vehicles and get a state ID. If you do this you may lose all of your driving privileges in the State of Ohio and have to re-test to get them back.  

● In Ohio there are two different driving suspensions when you are charged with an OVI. There is a suspension from Court and a suspension from the BMV. The rules are different for both.  If you are pulled over and charged with an OVI you will receive an Administrative License Suspension which suspends your right to drive immediately.  This suspension must be appealed or stayed in order to get your driving privileges back.  

● A motion for driving privileges must be filed which requires proof of your auto insurance and employment. Some courts impose the requirement of an interlock during the pendency of your case, such as Mentor Municipal Court.  The good news is after the case is resolved, if you are a first offender the interlock will terminate.  In Euclid Municipal Court you must file two motions for driving privileges. The first one while the case is pending and the second after the case is resolved. The court will not grant driving privileges after the case is resolved unless all fines are paid in full.  Medina Municipal Court also follows this policy.  Some courts have their own procedures for filing for driving privileges.  This is true in Berea, Rocky River and Medina. You must use the Court’s forms.

● All ALS suspensions have hard time which means there is an amount of time you cannot drive at all.  You need an experienced lawyer who knows the procedure to get you driving as soon as possible.  For first time offenders the minimum suspension from the court is six months. The BMV suspension varies depending upon the facts and circumstances of your case.  The BMV suspension and the court suspension will run at the same time.  The statute provides for driving privileges for work, school, vocational, medical, drivers license exam, and court ordered treatment for AA.  Most of my clients need driving privileges for personal needs, child care and other issues which can be obtained under the right circumstances.

● Talk to your attorney before you do anything.  What you DON’T know can hurt you and affect your case.  You need to discuss all issues in your case with your attorney before you do anything so you don’t make a mistake.

DON’T PROVE THE DUI/ OVI CASE AGAINST YOURSELF

The government must prove to the jurors beyond a reasonable doubt the person operated a vehicle under the influence.  An arresting officer may charge a defendant with O.V.I. based on observations and evidence like field sobriety tests and chemical tests.

A police officer must have probable cause to pull anyone over. Probable Cause is usually a traffic infraction speeding, stop sign, red light or weaving. When you are pulled over for a traffic infraction the police officer has no evidence that you may be driving under the influence. Once you are stopped, the officer begins gathering evidence against you for OVI/DUI. If you do not give him the evidence I can always win a charge of DUI/OVI.

Examples of giving evidence are (1) engaging in conversation with the policeman. By doing this he hears your speech hears your thought processes and learns whether or not you are impaired. He smells your breath. During the process he also views your eyes to see if they are red, bloodshot, or watery.

If you engage in a conversation you are giving him evidence to use against you. If he observes slow or slurred speech or smells an odor of alcohol he then goes to the next step (2) license, insurance, and registration. Have this ready. If you search for it, fumble through a wallet or purse, or cannot find it this is another strike against you.

Never admit that you consumed alcohol. Admission is another strike against you. If you have given him enough evidence he will ask you to perform Field Sobriety Tests. There is no legal obligation or requirement to perform these tests. Do not take Field Sobriety Tests. Again you are giving him evidence against you. Finally, do not try to justify your conduct. Everything you say will all be written down in a police report and used against you. Once he has made a decision to charge there is nothing you can say or do to avoid it so do not say anything. Be polite and cooperative. Do not take a breathalyzer test and call a skilled Cleveland Ohio DUI defense lawyer.