Can my charge be reduced to a Reckless Operation?
There is an overwhelming opinion amongst the general public (or maybe just the drinking public) that a first offense Ohio OVI / DUI should be, or at least can be, reduced to a reckless operation charge. Can this really happen?
Well, it depends in large part on a number of things, including, but not limited to:
1. The prosecutor’s attitude toward OVI / DUI charges;
2. The Court (or Judge’s) attitude toward OVI / DUI charges;
3. The actual facts of your case, including such facts as:
a. Was there a breath test performed and if so, how high (or low) was the result;
b. Was there an accident or bad driving; and
c. Where you polite and cooperative to the arresting officer.
These are but a few of the many considerations that will be considered when the prosecutor and your OVI attorney / DUI attorney sit down to discuss the possible out come at a pre-trial conference. This is not to say that if you had a low breath test and you were polite and cooperative that it guarantees a reduction of your charge, in fact, many courts (or prosecutors) take a “no reduction” or “zero tolerance” approach with OVI / DUI charges. As a matter of fact, some prosecutors will "reduce" an OVI /DUI if the defendant refused to do a breath test because they don't know whether they are reducing a case where the person would have blown a 0.20 or a 0.02. Does this mean you should always do a breath test? My answer is NO! You should ALWAYS ask to talk to an attorney who knows OVI / DUI defense before willingly taking a breath, blood or urine test.
Since the reduction policy of each court and/or prosecutor may vary, it is important to find an attorney who is familiar with the court and prosecutor that you will be facing in your OVI / DUI case. For a list of attorneys who handle these cases in the court that you will be going to, check out the Attorney Directory on www.OVILAW.com.