The last step in the court process for any Columbus DUI case or Ohio OVI case is trial. Trials may be by judge or by jury. Unless there is a technical issue of law, the great majority of trials in OVI / DUI cases are trials by jury. An experienced Columbus DUI defense trial attorney will best be able to guide you through this final process.
In your jury trial, a jury will first be selected. An opening statement will be given by the prosecutor and by us. The state then begins its case. The arresting officer and any other witnesses would testify and then be cross-examined. The state would then rest its case.
After the state rests its case, we always make a motion to the judge for a Rule 29 directed verdict. This means that the state has put on evidence that is insufficient to sustain a conviction. If the judge grants our motion, your case will be dismissed. If the judge denies our motion, we will then move forward with your defense.
Usually in a DUI case, there is only one potential witness who can testify for the defense — you. The decision about whether to call you to testify on your own behalf is a strategic one that is based on the individual facts and whether the benefits outweigh the risks. The defense will then rest its case.
Can Columbus DUI Charges be Reduced or Dropped?
A trial concludes with both the prosecutor and us giving a closing argument. This is the time to set in the jury’s mind why the prosecutor has failed to meet its burden of proof and why you should be acquitted.
The jury will then retire to deliberate and return when it has reached a verdict of not guilty, guilty or it cannot reach a verdict, resulting in a hung jury. If a jury is hung, the prosecutor will have to decide whether it wants to re-try the case or offer a reduction to a lesser offense, such as a reckless operation or physical control in lieu of another trial.
At Luftman, Heck & Associates, a Columbus DUI defense trial attorney from our criminal defense law firm 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.
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If you’ve been charged with a OVI / DUI, it’s important to know what you’re up against. 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].