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Ohio DUI / OVI lawyers and Ohio criminal defense attorneys serving clients throughout Ohio, most all counties and cities in Ohio including: Cleveland • Akron • Massillon • Canton • Mansfield • Marion • Lima • Youngstown • Dayton • Westerville City • Newark • Columbus • Pinesville • Cleveland Heights • Toledo • New Castle • Strongsville • Cincinnati • Warren • Parma • Parkersburg • Springfield • Elyria • Brunswick • Euclid • Mentor • Lancaster • Cambridge • Sandusky • Port Clinton • Middletown • Findlay
Have you Been Charged with a DUI?
440.516.3800
Toll Free: 877.738.1990
Cleveland, Ohio OVI, DUI And DWI Defense Lawyer / Attorney
Quinn Legal Associates, INC
Below is a list of possible defenses in a DUI case. Keep in mind, however, that each case is different. Your lawyer will certainly determine which of the numerous defenses below apply to you after a careful evaluation of the details and circumstances associated with your specific case.
Motions To Dismiss (normally):
- Police officer did not have a legitimate reason to pull you over
- Initial stop was made as a result of uncorroborated info supplied by an unreliable civilian witness
- Police officer does not have sufficient probable cause to detain and/or arrest a person.
- Prosecution cannot establish the necessary element that an individual was the driver of the motor vehicle or that a person was in actual physical control
- Violation of right to representation
- Police officer interfered or did not try to make a reasonable effort to provide you with with the right to obtain an independent blood test.
- Prosecutor did not file within a timely manner - Statute of limitations expired
- Defective charging document
- Facts are inadequate in order to support a finding of guilt beyond a reasonable doubt of all elements
Motions to Suppress Evidence (typically):
- Suppression of statements for violation of 5th Amendment Miranda rights
- Suppression of field sobriety exercises for failure to obtain voluntary consent (coercion)
- Suppression of refusal to submit to field sobriety tests
- Suppression of the results of the HGN test (eye test) as it was not administered by a certified drug recognition expert
- Suppression of all evidence gathered after your right to counsel attached and the officer failed to advise you of that right
- Suppression of the evidentiary breath/blood/urine test on the grounds the officer failed to properly advise you of the implied consent warnings
- Suppression of the evidentiary breath/blood test on the grounds you expressed confusion regarding the implied consent warnings and the officer failed to clarify those warnings (Confusion doctrine)
- Suppression of the evidentiary breath/blood/urine test on the failure of the officer interfering with your right to obtain an independent blood test
If you or anyone you know have been charged with DUI in Ohio, contact Ohio DUI / OVI defense attorney at Quinn Legal Associates for a free consultation regarding your case.