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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.
Westerville OVI cases are filed and scheduled for arraignment within five (5) business days of the arrest so that 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.
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.
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.
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.
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.
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.
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 email@example.com for a free legal consultation.