Utilized properly, it is the basis from which defense counsel can potentially convince the prosecutor to dismiss the DUI charges. The discovery process is crucial from a defense perspective because it illuminates the strengths and weaknesses of the prosecutor’s case. If a video exists, the prosecutor is required to provide a copy to defense counsel upon request. This is probably the most crucial piece of evidence in any Ohio DUI case. In addition, virtually all police agencies in Ohio utilize recording devices on their police cars that record most of the DUI incident, investigation and arrest.
CERTIFIED COPY OF OHIO BMV DRIVING RECORD PROSECUTOR LICENSE
Discovery material will generally include a citation, BMV 2255 form-notice of administrative license suspension, police reports, police narratives, witness statements, standardized field sobriety testing reports, breath, blood and urine testing reports, pictures, automobile inventory reports, the defendant’s lifetime driving record and a defendant’s criminal record, if any. In either scenario, the DUI defense lawyer is trying to present favorable information to the prosecuting attorney in an effort to persuade the prosecutor to dismiss the case.Īlso at the pretrial, if not before, the prosecutor will provide defense counsel with discovery material in the case. However, many municipal court prosecutors are extremely busy and they don’t have adequate time to engage until the pretrial date.
In an ideal situation, the defense attorney will contact the prosecutor before the pretrial to begin a dialogue. The pretrial is an excellent opportunity for the defense attorney and prosecutor to meet to discuss the case. The pretrial is typically held approximately thirty days after the DUI incident. The second hearing in an Ohio DUI case is generally a pretrial.
Ohio Courtroom Procedure in DUI Cases Part Two : Pretrial In either event, you DUI lawyer will handle all the paperwork and let you know if you need to be present at court. In other jurisdictions, it is done simply by sending in paperwork to the court. In some jurisdictions, the aforementioned process must be done in person at the courthouse. In Ohio DUI cases, some of these things must be done at the very beginning of the DUI case or you will lose the ability to do so later. In addition, this is the point in the courtroom process when your lawyer will file paperwork appealing the administrative license suspension and requesting driving privileges. In addition, the lawyer will enter a not guilty plea on your behalf, request discovery material from the prosecuting attorney, and ask the court to schedule a pretrial. Your DUI lawyer will file paperwork with the court informing all interested parties that he is handling your case. The court will normally have an initial hearing within five days of the DUI incident. The first stage in the courtroom process of a DUI case is the period of time immediately after the citation is filed with the court. Ohio Courtroom Procedure in DUI Cases Part One : Arraignment Article By Jeremiah Denslow | May 24, 2018
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