Fighting a DUI in Columbus
As a former prosecutor, I know both sides of the courtroom. I understand how Ohio DUI / OVI cases are charged and I know how the prosecution will present the evidence. A police officer’s job should be to document all evidence – whether it supports a finding of DUI / OVI or not. Unfortunately, law enforcement often focuses only on evidence that hurts a defendant’s case. It is my job to identify beneficial evidence that was overlooked and is to your benefit.
I have been certified in the proper administration of the Standardized Field Sobriety Tests (SFSTs) as well as how law enforcement is trained to administer the SFSTs. My experience and background ensure you receive an aggressive drunk driving defense and sound legal counsel.
Know the consequences.
We, at Akamine Law, are aware of the serious consequences associated with an OVI / DUI conviction on your record. A conviction can result in jail, fines, loss of driving rights, restrictions on travel as well as a number of other collateral repercussions. It is important to have a knowledgeable attorney when you face a charge with such far-reaching implications.
Unlike many law firms, we focus primarily on OVI / DUI defense. With the constantly evolving state of law, it is important to have an attorney with a narrow focus. It is easier to stay current on case law and novel defenses for OVI and criminal defense when that is all we do.
OVI / DUI cases are always different, so whether you performed the standardized field sobriety tests, agreed to a breath or blood test, or refused all tests, you need a Columbus OVI / DUI Attorney that understands the law and all possible defenses.
How can I fight a DUI?
Drunk driving charges can differ greatly depending on the specifics of the situation, and the past record of the accused. Since an OVI / DUI conviction can’t be expunged from your record, the ideal outcome for someone arrested for OVI / DUI is to either defeat the charge or negotiate a plea to a lesser charge.
Akamine Law has built a strong reputation at both hearings and trials. We are accustomed to creating situations in which the prosecutor must seek compromise to our client’s benefit. The following are some of the avenues we explore to build the best defense and get the best possible results:
COMMON OVI / DUI ISSUES:
There are numerous ways to approach an OVI / DUI case. As a former prosecutor, attorney Nathan Akamine knows how the system works and what strategies are most effective. One of the first things we investigate is whether the officer had reasonable suspicion to pull you over in the first place. The next question is whether the officer had the right to detain you in order to conduct an OVI / DUI investigation. Finally, a totality of circumstances must be considered to determine if probable cause to make an arrest existed. Without a justification for any one of the preceding, the case may have to be dismissed.
Submitting to a test and testing over the legal limit is not determinative of the outcome. Failure to conduct a breath, blood, or urine test in accordance with the Ohio Administrative Code (Section 3701-53 https://codes.ohio.gov/oac/3701-53) can result in its exclusion from evidence. It is not uncommon that law enforcement agencies are not in compliance with the highly technical administrative requirements.
STANDARDIZED FIELD SOBRIETY TESTS:
The National Highway Traffic Safety Administration (NHTSA) has established guidelines for administering standardized field sobriety tests (SFSTs). If it is shown that the SFSTs did not substantially comply with NHTSA guidelines, the evidence may be suppressed. Attorney Nathan Akamine has been certified both in the proper administration of SFSTs as well as how to instruct law enforcement to properly administer SFSTs. This experience has proven invaluable and avoided numerous SFSTs from being used against his clients.
SEEKING REDUCTION OF CHARGES:
In cases where a dismissal is not possible and a trial is not in the client’s best interest, we are often still able to convince the prosecutor to reduce the OVI / DUI charge to a non-driving offense. Such a result avoids an OVI / DUI conviction and has the added benefit of avoiding points on their license. Unlike the OVI / DUI charge, this reduction carries no mandatory penalties.
PROTECTING YOUR DRIVING PRIVILEGES:
For most of us, driving is essential for work, school, and other vital responsibilities. Pursuant to Ohio Implied Consent Law your license was likely seized by law enforcement following the arrest. You should have received an Administrative License Suspension Form setting forth the terms of the suspension. We are often able to stay the suspension at your first court hearing (arraignment) and enable you to drive immediately. It is also common for the errors on the form to result in termination of the suspension in its entirety.
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The information on this website is intended for general informational purposes only. Nothing contained throughout this site should be considered as legal advice for any particular individual, case, or situation. The information throughout this website is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.