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DUI Evidence Admission in Ohio

What evidence can be admitted against you in your OVI case depends on what defenses you have ready on your behalf. The prosecution can bring forward the officer who arrested you and ask him questions about when you were pulled over. They will ask him why he pulled you over and what he observed about you when he was asking you questions. They can use the results of the field sobriety tests against you as well as your chemical BAC test. The field sobriety tests are being video recorded increasingly and a videotape of you falling over while getting out of the car, for example, will probably harm your case much more than the officer’s statement. The results of your chemical test will be recorded so those reports will be used as evidence in court. The report will not be used as prima facie evidence against you if, within seven days of receiving this report, you demand that the person who signed the report present his testimony. The prosecution can use your prior convictions for OVI and any blemishes on your driving record. They will interview witnesses as to who much you drank, do you drink often, how recklessly you were driving, etc. The prosecution can bring in expert testimony and any other relevant evidence they believe will show your guilt.

The best way to make sure that the evidence cannot be admitted into the OVI case against you is to speak to a lawyer and develop some defenses against the evidence. There is a more detailed list of the possible defenses to each of these categories in the topics on each one. However, here are some general examples as to what you could use to invalidate certain pieces of evidence and prevent them from being admitted (or as harmful) to your case. If the officer’s statement is particularly damning your lawyer could look into whether he had probable cause to pull you over, whether or not he read you your constitutional rights, whether or not there were other probable causes for the behavior cues he interpreted as intoxication. If you failed the field sobriety tests your lawyer could argue that the officer administered them wrong, that evaluation of the field sobriety tests were subjective and the officer was biased, that the officer used a field sobriety test not scientifically proven to indicate impairment, that the conditions under which you undertook the tests were less than ideal and this affected the validity of the tests. As for the chemical BAC test, you could argue that the breathalyzer was not being maintained properly, that the person who used it to test your BAC was not certified to use the machine, that you’d eaten ten minutes before you took the breathalyzer test which would make the results invalid. Be prepared to argue your side to the judge.


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