Do you have to talk to the police wen pulled over for DUI in Cincinnati, Ohio?  Do you have to talk to the Judge at sentencing for DUI or an amended non-DUI charge?

NO!  When pulled over for DUI in Cincinnati, Ohio, you have the right to remain silent.  It is best to remain silent when being questioned about a DUI.

Often times I see weak cases by the police that I can beat at trial when I review evidence.  Then I have the heart sinking feeling that comes to any DUI lawyer when I see that the client waived their Miranda rights to remain silent and answered questions from the police at the station in custody that admit all the elements of the offense of DUI.

This is called a confession.  It will ruin your chances of defending the case if it gets to trial.

This right to remain silent is expressly granted in the Fifth Amendment to the U.S. Constitution as follows:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

This right also applies when pulled over at the scene of a DUI traffic stop.  You do not have to tell the officer when you are coming from, where you are going, what you had to drink, how many drinks you had, and you do not have to perform field sobriety tests!

Note: you do have to stop the car when they turn on the lights and siren, and you have to give them enough identifying information to find our who you are if you do not have a plastic license on you.  You also have to comply with lawful orders like, “exit the car.”  That’s it.  If your car is already stopped, and you are out of the car when the police arrive, you do not have to admit driving.

This right also applies at a plea.  This is a little known fact among my colleagues and the judges I practice with.

Lots of rights waived when entering a plea, but the Right to Remain Silent remains intact at sentencing.  This means that when a judge asks if you have a prior offense that will enhance the penalty, you do not have to talk.  Also, if the judge asks if you have anything to say, you can remain silent.

I tell all my client’s this before we dispose of cases that result in a sentence.  I have seen too many lawyers let their clients talk and result was an angry judge and a stiffer sentence than anyone anticipated.

And remember, if you or a family member has been arrested for DUI in the Cincinnati Area – including: Hamilton, Butler, Warren, and Clermont counties – call me, ROBERT HEALEY, or one of the other DUI / OVI attorneys at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the best time to put a team that includes an AWARD WINNING DUI LAWYER, FORMER POLICE OFFICER, and a FORMER PROSECUTOR to work… for you!

Charged with a felony DUI or OVI in the Cincinnati area?  You need an experienced lawyer that can explain the process and advocate for you each step of the way.

We will file a request for the evidence the prosecutor intends to use against you at trial.  We will also file a request for the preservation of evidence.  Once the prosecutor produces the evidence we will evaluate the case and meet with you again to discuss the strengths of your case.

Part of our evaluation of the evidence is to determine if any evidence was obtained in violation of the law or your rights.  If so, we can file a motion to prevent the evidence from being used against you at trial.

We will begin negotiation with the prosecutor at the Disposition Scheduling Conference (DSC) and it will continue until the case resolves by plea or trial.  The DSC will be scheduled within a week or two after the arraignment.

The DUI and OVI attorneys at Suhre & Associates, LLC will meet with the prosecutor and judge to talk about your case for the first time at the DSC.  The judge can review the bond at the DSC.  Bond can go up, down, or remain the same.  We might be provided with some or all of the evidence.

Your felony DUI or OVI case in the Cincinnati area will be set for a plea or trial setting following the DSC.  This is an opportunity to make sure that we have all the evidence we need to evaluate and fight you case.  We will continue to negotiate for dismissal or amendment of some or all of the charges to lesser offenses in an attempt to minimize your exposure to prison and felony convictions.  Expect several plea or trial setting dates.  The pretrial phase of the case can take from 30 days to a few months.

We will file and have a hearing on the motion to exclude evidence.  This is based on our allegations that the state’s evidence was collected improperly.  Remember, it does not matter what you did in a criminal case, only what the prosecutor can prove at trial.

A trial is next if we cannot obtain a plea agreement that you are happy with.  A trial is to the judge or a jury.  The state has the burden of proving all the elements of each offense beyond a reasonable doubt.  The length of the trial depends on the number of witnesses that are expected to be called.

If you are found guilty by entering a plea or after a trial, the judge must order a presentence investigation (PSI).  The judge has to order a PSI before sentencing you to probation in lieu of prison.  You will meet with the probation department for an interview and they will make a recommendation on sentencing, and eligibility for treatment or probation in lieu of prison time.

Expungement is not available for a OVI or DUI conviction.  It is very important that you hire a law firm with experience in applying the best DUI and OVI defenses to your case.

And remember, if you or a family member has been arrested for DUI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties – call me, ROBERT HEALEY, or one of the other DUI / OVI attorneys at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work… for you!

Suhre and Associates has always been dedicated to the best DUI defenses in the Cincinnati area.  We recently had another fantastic result in Fairfield, Ohio.

Our client was charged with his third DUI offense in three years and driving under a DUI suspension.  We were able to get him a minimum sentence.

He only served 60 days in jail.  He was facing a potential 1.5 years in jail and a forfeiture of his car.

Due to our diligent examination of the facts and extensive knowledge of the DUI laws in Ohio, we saved his car from forfeiture.  Suhre and Associates can help you with your DUI or OVI in Cincinnati and Fairfield.

And remember, if you or a family member has been arrested for DUI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties – call me, ROBERT HEALEY, or one of the other DUI / OVI attorneys at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work… for you!

My name is Robert Healey and I am a lawyer that limits his practice to OVI defense in southwest Ohio. This blog is written by me to help potential clients in the Cincinnati area that have been charged with an OVI.

People always ask me why it takes so long to get the evidence in a DUI or OVI case.  The simple answer is that a lawyer or defendant cannot always just go get it.  It is evidence of a crime and not subject to public record.

This means that your lawyer will have to file a motion to get a copy.  The police that send the evidence to the prosecutor’s office are not defense lawyers and do not always send everything.

Prosecutors do not always request everything from the police right away to save some work because they have a very high workload and don’t want to waste time getting things that will not be contested.

The first pretrial appearance is a good chance for your lawyer to get what the prosecutor has.  He will also evaluate what is missing.

The first appearance on your DUI will most likely result in driving privileges if this is a first offense.  If you have priors in 6 years you will have to wait until a hearing on the appeal of the pretrial BMV suspension called an ALS, or until the hard time of the suspension has run.  “Hard time” means the court cannot let you drive yet.

The missing evidence can usually be produced without much difficulty at one or two additional pretrial appearances.  This is depending on the complexity of the evidence being asked for, compare a refusal with no video to a case with multiple officers, an accident, and a blood test with hospital records and coroner’s lab records.

The former might be completely available at the first court appearance, the latter might take over 80 days to get.  If the defense lawyer knows the matter

Be safe and remember, if you or a family member has been arrested for DUI or OVI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties; or, in the cities of: Cincinnati, Hamilton, Lebanon, South Lebanon, Mason, or Fairfield, – call me, ROBERT HEALEY, or one of my qualified associates at 513.333.0014.  We are available 24-hours a day, 7 days a week.  IT is very important that you call right away because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work… for you!

You first appearance in a DUI case is called the arraignment in Cincinnati, Ohio.  This is where you will enter a plea of guilty, no contest, or not guilty.

The rules also require that you or your DUI lawyer make any objections that are appropriate.  Lastly your DUI lawyer can ask that certain relief be granted like: a motion for release of a vehicle, or a motion to stay or terminate an administrative license suspension. This is why it is the best to hire a DUI / OVI lawyer right away as soon as you are charged.

You also have the right at arraignment to have the charges against you read in open court.  This is most often waived when you have a lawyer.

If you have been locked up, your lawyer can address the issue of bond with the court.  This can be anywhere in the range from own recognizance to $100,000 strait case depending on the severity of the facts alleged against you.

Most notably about arraignment is that time starts ticking for the deadlines to request evidence, file motions, and to appeal the administrative license suspension.

Time is always important in legal matters.  It is very important that you hire a lawyer to defend you DUI cases as soon as possible. 

As soon as you retain a lawyer, he can start to review your paperwork.  This means that he might be able to waive your present at the arraignment and reset the case for a pretrial when you are eligible to request that the court grant you limited driving privileges.

And remember, if you or a family member has been arrested for DUI in the Cincinnati Area – including: Hamilton, Butler, Warren, and Clermont Counties – call me, ROBERT HEALEY, or one of my qualified associates at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work….for you!

My name is Robert Healey and I am a lawyer that limits his practice to OVI defense in southwest Ohio. This blog is written by me to help potential clients in the Cincinnati area that have been charged with an OVI.

Charged with a DUI in Cincinnati, Ohio?  You’re wondering how the police were able to charge you if they did not see you drive?

It does not matter.  One of the top elements a prosecutor has to prove in an OVI case is operation.

Operation in a DUI case is best proven when they can show that you moved a vehicle.  This is normally when the police see you drive and pull you over.

They can also prove that you have caused movement of the vehicle.  This means that even if you are later found at a singe car accident it is enough if they can establish that you were the driver.

“Have caused movement” has also been established when a vehicle is stuck in mud or snow.  The best the prosecutor can do in this DUI case is to show some evidence that an attempt was made to free the vehicle and it moved a few inches.

Just because the police did not see you drive is not always enough to avoid being charged with a DUI.  However, we must remember that to be convicted at trial the standard is proof beyond a resonable doubt on all the elements of a DUI / OVI in Cincinnati, Ohio.

Be safe and remember, if you or a family member has been arrested for DUI or OVI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties – call me, ROBERT HEALEY, or one of my qualified associates at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work….for you!

My name is Robert Healey and I am a lawyer that limits his practice to OVI defense in southwest Ohio. This blog is written by me to help potential clients in the Cincinnati area that have been charged with an OVI.

Most of my clients think that they can.  All of them were charged anyway with a DUI.

The best thing to say to the police is that you are not making any admissions.  It is the best thing to say because just about everything thing you say can be used against you.

Most police are very crafty in soliciting admissions from people they think might be driving under the influence of drugs or alcohol.  They also use this to get suspects to take the field tests.

There is no crime against refusing to make incriminating statements against or refusing field tests.  So why do I see almost every client doing these things?

There is a simple explanation.  People think that is they are perceived as cooperative that the police will have pity on them and let them go.

Wrong.  Once you admit to drinking, even one beer, and driving you are in the officer’s sights.  

Everyone thinks that it is ok to tell the officer they had a few beers.  Wrong again.  You just admitted an element of the offense, which is consumption of alcohol.

The officer will then attempt to seal the deal by informing you that he just wants to make sure you are ok to drive by having you do a few tests.  Well what are you going to say, No!, I am drunk arrest me!  Of course you take the tests.

And you think that you did ok.  You didn’t.  The officer will say that he thinks that you had more than just a few and that he has to arrest you for DUI.  

You will be taken to the station and asked for a breath test most likely.  No your defenses go up.

What you should know is that it is not unlawful for the police to lie to you.  Heck, they can even tell you half of the truth to get you to make admissions and do the tests.

Now I see most people at the station confronted with the option of a test over the limit and a 90 day suspension or a refusal and a 1 year suspension say well 90 days is less so what can the test hurt?  Well everything.

The test, if admissible at trial, presumes that you are under the influence if you test over the limit.  Even if you drive fine, walk fine, and talk fine!  I have even had a Judge tell me after a motion to suppress that she would find my client not guilty at trial based on his appearance on the video doing field tests, but because of the test result of 0.169 she would have to find him guilty.

This is the lesson.  There are no admissions that can’t hurt you.  You can’t talk your way out of a DUI.  All you can do is talk yourself into a conviction. The police do not have to tell you the truth, and can outright lie to you.  

Be careful when speaking to the police and deciding to take tests.  More than likely, they will make defending your case more difficult.

Be safe and remember, if you or a family member has been arrested for DUI or OVI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties – call me, ROBERT HEALEY, or one of my qualified associates at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work….for you!

One problem I come across from time to time arises at sentencing on a DUI or OVI.  Picture this, I have worked out a plea and have a good idea what the sentence will be based on the facts in the report.

 Sometimes I have seen this delicate house of cards come crashing down when the Judge wants to talk with my client after my mitigation, where I tell the Judge all the good things about my client, is complete.  

 The problem is that no matter how much I counsel my client; most times they say something they think sounds good.  The reality is that they just made the Judge mad and talked themselves into a worse sentence than if they just remained silent.

 Some Judges want to ask them why the DUI happened, what they drank, where their family was, what they were doing.  These are facts that are rarely in the police report.

 Sometimes this can work to our advantage by bettering a situation that has terrible facts to begin with, but it is a long shot.  That begs the question of how can it be handled.

 Some Judge’s think that the right to remain silent at trial, which is waived by entering a plea, also waives the right to remain silent at sentencing.  That is not the law.

 In 1999, the Supreme Count of the United State held that a guilty plea does not waive the self-incrimination privilege at sentencing in a case called Mitchell v. US, 526 U.S. 314 (1999), 119 S.Ct. 1307.  The Court based its rational on the Fifth Amendment where its terms prevent a person from being “compelled in any criminal case to be a witness against himself.” U.S. Const., Amdt. 5.

 This holding has also been adopted by Ohio Courts.  In State v. Blackmon, Cuyahoga App. No. 88512, 2007-Ohio-3068, this is a good example about how a person can worsen their situation by telling the Judge what they thought the Judge wanted to hear instead of staying silent.  

 Another Ohio case that adopted Mitchell is State V. Betts, Cuyahoga App. No. 88607, 2007-Ohio-5533.  This Court quoted the holding in Mitchell to show that, if invoked, a defendant’s silence may not be used against him in fashioning a sentence.   Specifically, the Court in Betts held the following:

…In this matter, however, defendant did not exercise his Fifth Amendment right to remain silent at the sentencing hearing. Instead, he voluntarily responded when the judge gave him the opportunity to speak prior to sentencing. Moreover, the record clearly reflects that the court’s determination that defendant did not accept responsibility was a reference to this pre-sentence statement. State V. Betts, Cuyahoga App. No. 88607, 2007-Ohio-5533.

These cases show that you will need an experienced lawyer that can advise you what rights you have.  More importantly, you will need a lawyer that can tell you how and when to use those rights, and when to waive them as it can directly influence the outcome of your case.

And remember, if you or a family member has been arrested for OVI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties – call me, ROBERT HEALEY, or one of my qualified associates at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work….for you!

You will not have to make any statements in Court.  Most times it is better to say nothing than to say the wrong thing.

Experience has shown me that there is no predicting what a client will say to a Judge at sentencing.  However, there are some things your lawyer should prepare you to say.

At the very least the Judge will ask that you answer out loud to be recorded on the record at sentencing.  Every Judge will ask you if your lawyer has explained the following:

Consequences of the potential sentence.  Whether you understand your right that are waived upon entering the plea.

What guilty or no contest means.  That you are entering a plea knowingly, voluntarily, and intelligently.

That you are a citizen of the U.S.  If not, that your sentence could cause deportation.

That you have not been promised anything to enter the plea.  You are not under duress.

The Court will then ask for a brief reading of the facts that constitute the offense.  The Judge will ask your lawyer if there are any comments on the facts.

Then the Judge will ask your lawyer for mitigation.  This is a brief explanation to lessen the severity of the consequences that do not constitute an affirmative defense to the charges.

Finally the Judge will ask you if you wish to make any statements.  None are required.

Lastly, the Judge will give the sentence.  Any experienced lawyer should be prepared to tell you in advance what the likely outcome should be.  however, there are no promises.

And remember, if you or a family member has been arrested for DUI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties – call me, ROBERT HEALEY, or one of my associates at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work….for you!

If you show up drunk for court you can be held in contempt, arrested, and held in jail.  If you show up drunk for sentencing your plea can be vacated.

Even if drank the night before you can have your sentence vacated.  This is because the alcohol still in your system can interfere with the validity of your plea being knowing, voluntary, and intelligent.

Best advice I can give is not to party before you go to court on a DUI or OVI charge.  You should expect to be given a breath or urine test at probation after sentencing.

And remember, if you or a family member has been arrested for DUI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties – call me, ROBERT HEALEY, or one of my associates at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work….for you!