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Your Day in Court – Defending your DUI charge

You’ve been charged with DUI in Ohio. You can be scared, not knowing what the legal process holds in store.   Jim Dearie, with Dearie, Fischer & Mathews, explains what to expect during the court proceedings.  With 25 years experience as a defense lawyer, Jim can guide you through the process, every step of the way.  


This post is the second in a series addressing those of you who have been charged with DUI, or what is now known as OVI – Operating a Vehicle under the Influence of Alcohol or Drugs. In Part 1, I outlined the basics of OVI law in Ohio. Today I’ll talk about how an OVI case proceeds through the court system and what we can do to protect you from jail, a driver’s license suspension and the other potential negative consequences of an OVI conviction.

Regaining Your Car And Your Driving Privileges

You may have been surprised that when you were charged with OVI, the police officer took your driver’s license and impounded your car. When an OVI client hires me, the first thing I work on is getting your car and driving privileges back. An OVI case may take several months to be resolved. You do NOT want to be unable to drive during that entire period.

Challenging the Evidence

The next thing I do for my OVI clients is obtain all of the evidence in the case. These days that usually consists of a police report, paperwork associated with field sobriety tests and bodily substance tests, and the video of the traffic stop.

I will analyze this evidence and work with you to develop a defense, but we will not go straight to trial. Instead, I’ll meet with the prosecutor, tell him or her about you, and attempt to negotiate a dismissal or reduction of the OVI charge. Usually, I am able to negotiate some important concessions from the prosecutor that may allow us to settle the case in way that prevents any significant impact on your life.

Pretrial Motion to Suppress the Evidence

If I am unable to negotiate a resolution of the case that you’re happy with, then we will go to a pretrial motion hearing where we will attack the reliability and admissibility of the evidence against you. Oftentimes, some of the key evidence is thrown out by the Judge, so that evidence can no longer be used against you. If we still can’t settle the case, then we’ll go to trial with evidence and arguments that you know you can win with.

Teamwork is the Difference with Dearie, Fischer & Mathews

Although I am your lawyer, you will make all of the decisions in your case, with my advice. I will keep you informed of each development in your case so that you always know what your options are and the strategy that we’re pursuing. Winning an OVI case requires a team effort by the client and the attorney.

For More Information, Call Jim Dearie at our office.  Your First Consultation is Free.

If you would like to speak with me about your Ohio OVI case, feel free to call me, Jim Dearie, at our office. I almost always answer my phone, but if I can’t, leave me a message and I’ll call you right back. Drive safe and take care.

(For Part 1 in this series, see video: Charged with DUI in Ohio? We Can Help