Are you currently facing charges for operating a vehicle while impaired, known as an OVI, and wondering what your options are? Here is what you should know about plea bargains in these types of cases.
Know That A Plea Bargain May Not Be An Option
One thing to be aware of is that your local court may not accept a plea bargain in an OVI. You may only have the option to plead guilty to the crime or go to trial and try to fight it. While it is not the ideal situation, forcing you to go to trial at least gives you a chance at fighting your case and potentially getting the sentence reduced.
Know What Leverage You Need To Get A Plea Bargain
If you are going to ask for a plea bargain, you should have some sort of leverage on your side that would allow for it. If you were caught committing the crime with all of the evidence stacked against you, then there is no reason for the court to allow a plea bargain when they know that they have caught you red-handed.
Some common leverage that you may have on your side is if there was a problem with the initial stop. This often includes if you were pulled over without some sort of cause since the police are not allowed to just randomly pull people over and check to see if they are doing something illegal.
You may have had an alcohol level that was borderline at the time that you were pulled over, where it is questionable if you were actually intoxicated above the legal limits since blood alcohol levels rise over time. It is also possible to question the results of any tests that you had to take. This includes field sobriety, tests that were not taken in a timely manner, and even the calibration of equipment that was used.
Know The Possible Outcomes Of A Plea Bargain
A plea bargain can go many different ways depending on the unique circumstances in your case. In a good scenario, your OVI case will be dismissed, but you will receive other traffic violations as a result of your admission of guilt. This includes violations such as reckless driving and speeding.
It is also possible to admit guilt to using a substance that is considered less dangerous under the law. For example, wet-reckless driving involving alcohol is considered a more serious crime than dry-reckless driving. Admitting to dry-reckless driving could result in a sentence that is not as harsh.
Contact a local OVI lawyer to learn more.Share
24 January 2022