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Independence Day DUI?

Posted on July 4, 2016 in DUI General Criminal Law Issues - Northern KY

If you were charged with DUI over the holiday July 4th weekend in Cincinnati or Northern Kentucky, you are not alone.  DON’T plead guilty.  If you plead NOT-GUILTY, the court will set your case for a pretrial conference within the next month.  HIRE AN ATTORNEY who regularly practices criminal law in your county.

There are many ways to defend a DUI charge.  First, the attorney will get your side of the story, which often differs substantially from that of the arresting officer.  A request for production of evidence, also know as discovery, is essential to begin the defense.  Often, a video from the cruiser or from the officer’s vest camera may be available.  A video is the best evidence, obviously better than the recollection of the defendant or the officer.  It is also a useful tool to use in cross examination of the officer.

Suppression of evidence may also be necessary to win a case.  If the stop can be suppressed, the entirety of the field sobriety tests and the breathalyzer are also suppressed.  If the stop was valid (officer had probably cause), it does not necessarily give right to request field sobriety tests.  If field sobriety tests are passed, the officer should not demand a breathalyzer or blood test to check for blood alcohol levels.

Even if everything was valid and the defendant was driving while impaired, an attorney can often negotiate a better resolution than a simply plea to the charges.  Consult with an attorney prior to entering any plea and, if possible, before appearing in court.

 For representation in Kentucky, especially in Boone, Campbell, Kenton or Hamilton counties, call Michael Bouldin at 859-581-6453.  For immediate response, email to mwbouldin2@gmail.com.