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How Often Do Your OVI Cases Go To Trial?

  • By: Shane Herzner
  • Published: May 27, 2021
Learn more about how often an OVI case goes to trial in Ohio from Herzner Law.

If the client is a first-time offender, the case will usually not go to trial. If I can reach a deal for my client, I will do so with my client’s best interest in mind. However, clients who have multiple offenses may not have the same favorable opportunities for a settlement before trial, so I try to work out a plea agreement, a reduction in charges, or a reduction in jail time. Even when clients have multiple offenses, their cases will usually not reach trial. However, I will not hesitate to take a case to trial if I believe the client’s case is weak or we have favorable facts. I litigate several cases every year and the overwhelming majority of those cases have favorable outcomes for my client. I think it is always best to approach a case as if it is going to trial. Each case and client is unique and requires me to be flexible in how I handle a case. In all cases I represent, I aggressively defend my clients by filing and proceeding with motions when needed. For example, if a prosecutor is hesitant to accept a deal we are offering, I may file a motion to suppress, as it often leads to a resolution. Pointing out the weaknesses of the prosecutor’s case will encourage them to work out a deal.

How Do You Advise Clients Who Want To Plead Guilty To OVI Charges?

It’s not uncommon for clients to want to plead guilty to OVI charges. Most of the time, these clients admit fault, feel guilt for their mistake, and believe there is no possibility to reduce their charges or beating the case. These type of clients are typically the ones who are most surprised when we achieve great results for them. I believe it is important for clients to hire an attorney for OVI charges, so that they may benefit from fully understanding all their options. As I mentioned earlier, fighting a first-time OVI charge is an extremely important task, and should not be given to an inexperienced attorney or handled with no attorney at all.

Almost every time, we can at least reduce the charges. Therefore, I highly recommend speaking to an attorney about your case before moving forward.

Can An OVI Conviction Be Expunged, Sealed Or Removed From My Record In Ohio?

No. The lookback period on a refusal of a chemical test is 20 years, and the lookback period of an OVI is 10 years. Therefore, OVI convictions cannot be expunged, sealed, or removed from records in Ohio.

How Long Does Someone Have To Request A Hearing After An OVI Arrest In Ohio?

In Ohio, driver licenses are suspended by the BMV right after an OVI arrest. A hearing must be held within 5 business days. During the hearing, you may object to the suspension and request a hearing to argue your position.

For more information on Litigation Of OVI Cases In The State Of Ohio, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (513) 532-5555 today.

Shane Herzner

Shane Herzner is a Experienced DUI/OVI attorney in Cincinnati, OH.
Call For A Free Consultation (513) 532-5555