Our approach to defending Columbus drunk driving (DUI or OVI) cases, particularly where our client has one or more prior drunk driving convictions, is often two-fold: (1) aggressive litigation, and (2) meaningful mitigation. This blog post deals with the latter, mitigation. And when we discuss mitigation, we mean a strategy that focuses on “damage control” as well as aggressive litigation.
Our experience in Columbus and central Ohio has shown that developing meaningful mitigation evidence can help sway prosecutors into agreeing to more favorable plea bargains involving reduced charges, and also to convince judges to impose more lenient sentences. Mitigation can therefore be an important element to defending a case where the accused has a prior record of DUI or OVI convictions.
What is “meaningful mitigation evidence”? Consider the fact that Ohio law makes it mandatory for a person convicted of a second or greater OVI offense to undergo a drug and alcohol assessment and to follow any recommended course of treatment as part of the sentence. Furthermore, in Columbus judges and prosecutors assume that a person charged again with a DUI or OVI has an alcohol or drug abuse problem and therefore pose danger to everyone else on the road.
With that in mind, it makes sense to preemptively undergo an alcohol and drug assessment by a qualified counselor. Columbus and Franklin County Judges view persons who voluntarily undergo an assessment, and then follow the recommendations, if any, as powerful evidence that the person accepts responsibility for their actions, and also that they are less of a risk of being back before the court for another alcohol or drug related offense.
If you or a loved one is charged with DUI or OVI in Columbus or central Ohio, call one of the Columbus DUI attorneys from our firm at 614-454-5010 for a free initial consultation.Related Posts