The Columbus criminal defense team at Luftman, Heck and Associates typically files a motion to suppress evidence in DUI cases that are pled not guilty. A general motion to suppress will shift the burden to the prosecutor to show in a hearing that the officer had a reasonable suspicion to pull you over, probable cause to arrest you and that the field sobriety tests were done with substantial compliance with National Highway Traffic Safety Administration standards. If you took a breath test, the prosecutor will have to show that the breath test machine was in proper working order when you took the test and that it was calibrated properly.
After listening to the officer’s testimony, the judge will typically issue a ruling on all of the legal issues. The judge’s ruling could result in the exclusion of all, part of, or none of the evidence against you.
Litigating a suppression hearing could also result in a favorable plea agreement. If the prosecutor sees weaknesses in the case or the officer does not want to go through a trial and be cross-examined again, a reduction of the Columbus DUI charge to a lesser offense such as a reckless operation or physical control may be extended.
If we are unable to resolve your case in a favorable manner, the case would then be set for a trial.
At Luftman, Heck & Associates, we can help you confront the DUI court process from your arrest to trial. By advocating for your rights and thinking strategically about your case defense, we will maximize your chances of obtaining a positive case result. If you’ve been charged with OVI, call us today at (614) 500-3836 for a free and confidential consultation of your case.
If you’ve been charged with a OVI / DUI, it’s important to know what you’re up against. There may be the option to file a motion to suppress a Columbus DUI charge in your case. If you have any questions left unanswered by this page, or if you need a competent, experienced Columbus DUI attorney to fight for you in court, please contact us at (614) 500-3836 or via email at [email protected].