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Westerville DUI Lawyers

Westerville Mayor’s Court is one of several Central Ohio mayor’s courts that prosecutes OVI cases on location at their individual mayor’s courts. That means that if you are pulled over by a Westerville police officer and arrested for a DUI and you do not have any prior DUI convictions, your case will be scheduled locally at the mayor’s court. Your OVI case will always be arraigned on the Wednesday following your arrest.

[BLANK_AUDIO] If you are charged with the DUI or OVI offence in Westerville your initial appearance or arraignment will be at Westerville Mayor’s Court on the Wednesday following your arrest. [BLANK_AUDIO]

Do I have to appear at my arraignment?

Westerville OVI cases are filed and scheduled for arraignment within five (5) business days of the arrest so taht you can appeal the administrative license suspension. If you hire an experienced Columbus OVI lawyer to represent you, you may not need to attend. Usually when clients hire us, it is possible for us to appear on their behalf so that they do not need to take time off work or school to attend the initial court date. At that time we would enter a not guilty plea on your behalf, negotiate your driver’s license suspension, and request police reports and DVD footage of the stop.

If you’re charged with a DUI in Westerville Ohio, you will need to appear at your arraignment on the Wednesday following your arrest. However, sometimes people can’t get to their arraignment. If you hired the Columbus Criminal Defense Team we will be able to appear on on your behalf without you having to appear.

That means if you have work you don’t have to take the time off to go get to court. At that time we’ll answer a not guilty plea on your behalf. [BLANK_AUDIO]

How do I go about getting my driving privileges back?

There are a few different ways to get driving privileges back, though not all of them result in you getting your full license back right away. If you hire us to represent you, the first thing we will do is evaluate BMV Form 2255 to see if there are any errors. If there are errors, it’s possible that your license suspension could be terminated altogether. If there aren’t any errors, we may request a stay of your license suspension.

A stay would give you your full license back while your case is pending, and you would have to go to the BMV to get it back. The good news is that Westerville Mayor’s Court generally permits stays of the administrative license suspension provided that the OVI did not involve an accident and that there isn’t a negative fact pattern working against you. We are able to appear on your behalf at the arraignment and request the stay for you. If it is approved, you will receive two copies – one to take to the BMV and one to keep on you at all times while driving during the pendency of your case.

If none of these options are possible, we can work to negotiate limited driving privileges for you. If granted, these would permit you to drive for work, school, and medical reasons. When represented by an experienced Columbus DUI attorney, this is not a difficult process. It involves filling out a simple limited driving privilege entry that we would file on your behalf. If it is approved, you will be forwarded one certified copy to keep in your car at all time while driving and one as a spare in case you lose the first one.

[BLANK_AUDIO] Mike Fultz prosecutes all cases that originate in Westerville Mayor’s Court. If the case is transferred to Franklin County Municipal Court, Mike will go and stay with the case after it’s transferred. However, Westerville is split between Franklin and Delaware counties.

If your DUI arrest occurred in Delaware County, your case will then be transferred to Delaware Municipal Court, where it will be prosecuted by the Delaware City Attorney Office [BLANK_AUDIO] Westerville Mayor’s Court DUI, can I get my license or limited driving privileges. [BLANK_AUDIO] In every Westerville Mayor’s Court DUI case, the Columbus criminal defense team will first look at that yellow sheet of paper that you received, the BMV form 2255.

Why do we look at that sheet? That’s the sheet the officer gave you that suspended your license. And if the officer made errors on that paperwork, it might be possible for us to appear at your arraignment on Wednesday, and argue that your license suspension should be terminated, based upon the errors in that paperwork.

If there are no errors in that paperwork, we can go to court on your behalf, and request a stay of your license suspension. If granted, a stay would also give you your full license back, following your Wednesday arraignment. If neither a termination of your license suspension or a stay are possible, we will instead request limited driving privileges on your behalf, and you’ll be provided with them, as soon as you’re eligible to drive [BLANK_AUDIO]

Who is the prosecutor?

Mike Fultz is the prosecuting attorney for Westerville Mayor’s Court OVI cases. He has prosecuted DUI, criminal, and traffic cases for the City of Westerville during his 11 years in practice. He will be prosecuting your case from its initiation.

[BLANK_AUDIO] Mike Fultz prosecutes all cases that originate in Westerville Mayor’s Court. If the case is transferred to Franklin County Municipal Court Mike will go, and stay with the case after it’s transferred. However Westerville is split between Franklin and Delaware Counties.

If your DUI arrest occurred in Delaware County your case will then be transferred to Delaware Municipal Court where it will be prosecuted by the Delaware City Attorney Office. [BLANK_AUDIO]

Do I get to see the police reports?

As your Columbus DUI defense lawyers, we will always make copies of all reports we receive and provide you with them. We ask that you take them home, review them thoroughly, and then send us an email with your thoughts. Make note of any inconsistencies as well as your summary of what occurred at the time of the alleged offense.

In every Westerville Mayor’s Court DUI case, a police report, an alcohol influence report detailing how you performed on the roadside field sobriety test, and potentially additional reports will be filed with the prosecutor’s office. In every Westervile Mayor’s Court DUI case, the Columbus Criminal Defense Team will file a discovery motion with the prosecutor’s office and clerk of courts.

Is there a DVD of my traffic stop?

Most, but not all, Westerville police vehicles come equipped with a cruiser video system that will show the traffic stop. There will be a DVD of your stop so long as there is no malfunctioning component. Frequently these DVDs are helpful to us because they will show if police reports are exaggerated or if roadside field sobriety tests are improperly delivered. All of our lawyers are certified in the administration of field sobriety tests and know exactly what issues to look for. You will also receive a copy of the DVD for your review.

What outcome can I expect with my Westerville Mayor’s Court OVI case?

In some instances, if there are issues with the evidence, the prosecutor may offer a reduction of your OVI charge to a less severe offense like reckless operation or physical control. Other times it may be more advantageous to transfer your case. If transferred, your case will go through the DUI court process in Franklin County Municipal Court. Mike Fultz is also the prosecutor for Westerville Mayor’s Court cases transferred to Franklin County Municipal Court.

Once the case is transferred, we typically conduct a suppression hearing or move to a jury trial. Prior to litigation, however, we strive to negotiate an offer for a reduced charge ahead of time so that you have your options available to you.

Every client the Columbus Criminal Defence Team represents on a Westerville Mayor’s Court DUI case may have different expectations. Some people wanna stay out of jail and off of probation, other people want to go and fight tooth and nail to keep that DUI off of their record because they can’t have that for their job and they can’t have that for licensure purposes.

In every case the Columbus Criminal Defense Team will talk to you and ask you what outcome are you expecting, what are you hoping to go and get out of a case. And we need you to be honest with us because we wanna make sure that we’re on the same page from the time we file that not guilty plea to the time your case is resolved.

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Charged with a DUI in Westerville? Contact us.

If you have been arrested for an OVI in Westerville, your case will be handled in Westerville Mayor’s Court. You face serious consequences like jail time, license suspension, and expensive fines – even if this is your first time. Having an experienced Westerville OVI attorney can help reduce the consequences you face. Contact us at or advice@columbuscriminalattorney.com for a free legal consultation.

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Luftman, Heck & Associates LLP
580 E Rich St Fl 2
Columbus, OH 43215-5335
advice@columbuscriminalattorney.com

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FAX: (614) 413-2886