Q: First OVI, high-tier misdemeanor, no history drugs or alcohol, no criminal record, any way to reach a plea agreement?
Just wondered what you thought my chances of reaching a plea agreement or reduction agreement or some other sort of deal with prosecutors would be even if its a 'high-tier' offense (since I've never ever been in any sort of trouble) I'm just very unfamiliar with this whole situation. I don't know what to expect when I meet with the public defender on Monday. Also if there was anything specific I should or shouldnt mention when meeting with the public defender. Anything at all would be helpful. (quite honestly I have never been so scared in my whole life) Many thanks again!
A:
A HIGH END IS ALWAYS MORE DIFFICULT TO REDUCE. THE BEST WAY TO FIGHT IT IS IF YOU HAVE AN ISSUE SUCH AS REASONABLE SUSPICION FOR THE STOP OR PROBABLE CAUSE FOR THE ARREST. ALSO, WERE THERE FIELD SOBRIETY TESTS AND DID THE OFFICER EXECUTE THE INSTRUCTIONS ACCORDING TO THE NHTSA MANUAL.
THAT IS JUST A FEW WAYS YOU CAN CHALLENGE THE OVI. AND IF YOUR CHALLENGE HAS SOME MERIT, YOU MAY GET A REDUCTION.
BEST OF LUCK,
PAT DICHIRO
A:
There are a number of different factors that dictate whether it might be a possibility: the facts of the case (including how you performed / acted on the video, the reason for the stop, how the officer conducted his / her investigation, how you performed on the tests, and whether the officer had probable cause to arrest you), the prosecutor's view of the facts of the case, and many other factors. An experienced DUI lawyer can assess the facts of your case and decide whether it might be a realistic possibility.
Another obstacle is the pressure prosecuting attorneys are under to fight DUI / OVI cases and to push back against reductions. If a prosecutor learns that the officer conducted his / her investigation poorly, or that they have evidentiary weaknesses in your case, or if the prosecutor believes your case has a good chance at winning at trial, they will usually negotiate. But, it is a misconception to believe that prosecutors will just casually reduce your charges, just because. This is why it is important to hire an experienced DUI lawyer who fully understands the arguments that can be raised on your behalf, who is known for fighting these cases, and who is not afraid to take DUI / OVI cases to trial. DUI / OVI cases are litigated more than any other misdemeanor, felony, or criminal case. You want someone fighting on your behalf who knows what they are doing.
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