WHAT ARE THE DEFENSES TO AN OVI OFFENSE?
1. The Defendant was not "operating" a "motor vehicle" on a "public highway."
2. The Defendant was not "under the influence."
3. The Police Officer improperly stopped the Defendant.
- The Officers did not have a suspicion legally sufficient to stop the defendant.
- The stop was made pursuant to an unconstitutional roadblock.
4. The Police Officer improperly arrested Defendant.
- The Officers lacked probable cause sufficient to justify an arrest.
- The Defendant did not commit an illegal act in the presence of the officer.
- The Officer lacked jurisdiction to make the arrest.
- The arrest was the result of an unlawful home entry.
- the arrest was the result of an unlawful search and seizure.
5. The Police Officer did not give the Defendant adequate warnings.
- Miranda warnings
- Warnings required by statute of limitations.
6. The Defendant has an affirmative defense.
a. Necessity
- Injury or threat of injury to human or animal life
- The imminent danger of injury
- The danger required that the defendant drove to avoid the injury
b. Duress
- The offense was committed to avoid serious injury or death
- No alternative existed to avoid the serious injury or death
- The harm avoided by the commission of the offense was greater than the harm produced by the defendant
- The defendant had a good faith belief that the commission of the offense was necessary to avoid serious injury or death
- The defendant's belief was reasonable under the circumstances
- The defendant did not create the situation that imposed the threat of serious injury or death.
c. Entrapment
d. Involuntary Intoxication
- The defendant became intoxicated through force or threat of force
Courtesy of Charles Rowland, Esq., www.OhioDuiDefense.com
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