John Sivinski Top Attorney

"Mr. Smith is an amazing lawyer who listens and takes his time to make sure he understands every detail of your particular case. I would recommend him to my family/friends if ever needed. Mr. Smith helped me understand the procedure which helped me better prepare myself for my hearing. The outcome was exactly what we were looking for. Thank you!"
Tiffinie

How to Beat an Ohio DUI Charge?

The days of expecting a first time DUI to be automatically pled down are over.  The first step to beating a DUI charge is to obtain an attorney who regularly and successfully practices DUI defense.

There are many ways to challenge and beat a DUI.  The steps to challenging a DUI generally include:

 

  1. Plead Not-Guilty. Any other plea will give up your right to challenge the DUI charge.
  2. Request a pretrial. This is a meeting with the prosecutor where you can argue that the charge should be dismissed or reduced.
  3. Request discovery.  This will include evidence from your case, including police reports, video, witness statements, field sobriety test results, chemical test results, etc...
  4. Study the discovery responses for areas to challenge.  See the strategies below.
  5. Move to suppress evidence.
  6. Prepare for trial if needed.

 

Here are some of the issues that aggressive OVI defense lawyers use to challenge OVI charges.

The Police:

 

  1. Stopped you without a reasonable and articulate basis to believe that a law has been violated.
  2. Failed to read the implied consent warning before completing the breath test (or blood test).
  3. Obtained your blood test results from the hospital you went to for treatment, without a proper warrant.
  4. Failed to complete the charging documents properly.
  5. Lacked probable cause to arrest you.
  6. Failed to read the Miranda rights upon arrest, and are trying to use your statements against you.

 

Field Sobriety Tests Were:

 

  1. Affected by medical problems or medical conditions
  2. Not conducted in accord with mandatory protocols.
  3. Affected by other conditions such as the location, road, or weather where the tests were completed.
  4. Given without proper and required instructions.
  5. Actually non-standardized tests, which are unreliable at best.

 

Any Driving Impairment was Actually the Result of:

 

  1. A lawfully prescribed medication or over-the-counter medication.
  2. Involuntary or mistaken intoxication.
  3. A medical condition

"Did exactly what he said he would.  I retained Mr. Smith when I was recently cited for a DUI and a few other charges. He did everything he said he would, answered all of my calls, and the end result was better than I had hoped for." 
David

Expertise - Best DUI Lawyers in Cleveland

 

Free Consultation

Contact the Ohio DUI Attorneys at Sivinski Law Offices for a free consultation immediately, so we can start to protect your rights before they are lost.

Breath Test Results Are:

 

  1. Inadmissible for failure to request the test within 2 hours or take the test sample within 3 hours, of the alleged violation.
  2. Inadmissible for failure to conduct the 20 minute observation period.
  3. Inadmissible for failure to be given within the required time from the alleged violation.
  4. Invalid due to unscientific test equipment being used.
  5. Invalid because the test equipment was not operated properly (e.g., without proper calibration) and without following required protocols.
  6. Invalid because the test equipment malfunctioned.
  7. Invalidated for failure to have a qualified individual administer the test.
  8. Affected by other factors that can affect results, such as cough drops, chemicals that you work with, asthma spray, dentures, or other items in the oral cavity.
  9. Invalid due to a lung or breathing condition prevented you from giving a large enough sample.
  10. Invalid because alcohol or drugs used between the time of driving and the time of test (e.g., you arrive home or to a friend’s home and have a drink before the police arrive to detain you)

 

Discovery (police reports, witness statements, video, etc…)

 

  1. Show the driving was not as bad as the police reported
  2. Show the field sobriety tests were improperly given
  3. Are not provided in accord with a court order, and therefore the case should be dismissed.

Sivinski Law Offices, ltd.

Suite 215

20545 Center Ridge Rd.

Rocky River, OH 44116

Phone: 800-641-1970

Fax: 855-241-0700

contact@sshllc.com

 

https://SivinskiLegal.com

 

Satellite Office Locations:

    Huron, Ohio

    Port Clinton, Ohio

    South Euclid, Ohio

Superb Litigation Attorneys
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio State Bar Association - OSBA
American Association of Premier DUI Attorneys
Parma Bar Association
Lorain County Bar Association
Ohio Employment Lawyers Association - OELA
DUI Defense Lawyers Association
National College for DUI Defense
Cleveland Metro Bar Association - CMBA
West Shore Bar Association - WSBA

Sivinski Law Offices, ltd provides legal services throughout Ohio, from Cleveland to Toledo, including Sandusky, Akron, Vermilion, Huron, Elyria, Lorain, Port Clinton, Rocky River, Parma, Oak Harbor, Norwalk, Milan, Amherst, Sheffield, Avon, Oberlin, North Ridgeville, North Olmsted, Bay Village, Westlake, Cleveland Heights, Lakewood, Brook Park, Strongsville, Garfield Heights, Euclid, Medina, Maple Heights, Bellevue, Clyde and Berea, and within counties such as Cuyahoga, Lorain, Erie, Ottawa, Lucas, Portage, Sandusky, Seneca, Huron, Medina, Summit, Portage, Geauga County, Lake, Ashtabula.

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Updated November 2017

Copyright 2015 - 2017 Brian J. Smith, All rights reserved.

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John Sivinski Top Attorney
Expertise - Best DUI Lawyers in Cleveland
Clients Choice Criminal Defense Attorneys
Superb Litigation Attorneys
DUI Defense Lawyers Association
Parma Bar Association
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio State Bar Association - OSBA
Lorain County Bar Association
National College for DUI Defense
Cleveland Metro Bar Association - CMBA
West Shore Bar Association - WSBA
Ohio Employment Lawyers Association - OELA
American Association of Premier DUI Attorneys
John A. Sivinski, AV Preeminent Attorney
John A. Sivinski, Million Dollar Advocate
Ohio State Bar Association - OSBA
Ohio Employment Lawyers Association - OELA
American Association of Premier DUI Attorneys
Parma Bar Association
Lorain County Bar Association
Ohio Association of Criminal Defense Lawyers - OACDL
National College for DUI Defense
DUI Defense Lawyers Association
Cleveland Metro Bar Association - CMBA
West Shore Bar Association - WSBA
John Sivinski Top Attorney
Expertise - Best DUI Lawyers in Cleveland
DUI Defense Lawyers Association
American Association of Premier DUI Attorneys
National College for DUI Defense
Cleveland Metro Bar Association - CMBA
Ohio State Bar Association - OSBA
Lorain County Bar Association
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio Employment Lawyers Association - OELA
West Shore Bar Association - WSBA
John Sivinski Top Attorney
Expertise - Best DUI Lawyers in Cleveland
Cleveland Metro Bar Association - CMBA
National College for DUI Defense
DUI Defense Lawyers Association
West Shore Bar Association - WSBA
Ohio State Bar Association - OSBA
Lorain County Bar Association
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio Employment Lawyers Association - OELA
Superb Litigation Attorneys
American Association of Premier DUI Attorneys
Parma Bar Association
Clients Choice Criminal Defense Attorneys
John A. Sivinski, AV Preeminent Attorney
John A. Sivinski, Million Dollar Advocate
Catholic Attorneys
Expertise - Best DUI Lawyers in Cleveland
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio Employment Lawyers Association - OELA
Ohio State Bar Association - OSBA
Cleveland Metro Bar Association - CMBA
National College for DUI Defense
DUI Defense Lawyers Association
West Shore Bar Association - WSBA
Superb Litigation Attorneys
Clients Choice Criminal Defense Attorneys
American Association of Premier DUI Attorneys
Parma Bar Association
John A. Sivinski, AV Preeminent Attorney
John A. Sivinski, Million Dollar Advocate
Catholic Attorneys