Ohio DUI Defense Lawyer Located in Cleveland OH Here to Protect Fight for Your Rights and Protect your Future
Below is a list of possible defenses in a DUI case. Keep in mind, however, that each case is different. Your lawyer will certainly determine which of the numerous defenses below apply to you after a careful evaluation of the details and circumstances associated with your specific case.
Motions To Dismiss (normally):
- Police officer did not have a legitimate reason to pull you over
- Initial stop was made as a result of uncorroborated info supplied by an unreliable civilian witness
- Police officer does not have sufficient probable cause to detain and/or arrest a person.
- Prosecution cannot establish the necessary element that an individual was the driver of the motor vehicle or that a person was in actual physical control
- Violation of right to representation
- Police officer interfered or did not try to make a reasonable effort to provide you with with the right to obtain an independent blood test.
- Prosecutor did not file within a timely manner - Statute of limitations expired
- Defective charging document
- Facts are inadequate in order to support a finding of guilt beyond a reasonable doubt of all elements
Motions to Suppress Evidence (typically):
- Suppression of statements for violation of 5th Amendment Miranda rights
- Suppression of field sobriety exercises for failure to obtain voluntary consent (coercion)
- Suppression of refusal to submit to field sobriety tests
- Suppression of the results of the HGN test (eye test) as it was not administered by a certified drug recognition expert
- Suppression of all evidence gathered after your right to counsel attached and the officer failed to advise you of that right
- Suppression of the evidentiary breath/blood/urine test on the grounds the officer failed to properly advise you of the implied consent warnings
- Suppression of the evidentiary breath/blood test on the grounds you expressed confusion regarding the implied consent warnings and the officer failed to clarify those warnings (Confusion doctrine)
- Suppression of the evidentiary breath/blood/urine test on the failure of the officer interfering with your right to obtain an independent blood test
Skilled Cleveland DUI / OVI Defense Attorney Providing Affordable Legal Representation Throughout the State of Ohio
If you or anyone you know have been charged with DUI in Ohio, contact Ohio DUI / OVI defense attorney at Quinn Legal Associates for a free consultation regarding your case.