I have spoke about this before, but I have more proof that fighting DUI cases in Cincinnati and Dayton will sometimes produce very good results. There are offers at a pretrial and offers for lawyers that fight.
Prosecutor will often take a very cursory view of the charges and your prior history before offering a plea at a pretrial. This is also influenced with certain authority they have from their boss.
If you cannot get the offer you are looking for at the pretrial. Try, try again.
I recently had a client that was not going to be satisfied with a 0.188 high-tier breath test being reduced to a low-tier DUI. There was a defect in the ticket where he was not not charged with being under the influence. Just testing over the limit.
I filed a motion to suppress the breath test on an Intoxilyzer 8000. There were some defects with the machine’s operation I could show where it had back to back failures for the dry gas being out of tolerance before my client’s test.
I pointed out these defects to the prosecutor and officers before the motion and after bringing them up to speed on the law, they finally gave my guy an offer to plea to a non-DUI offense that he accepted.