Richard R. Campbell Law
DUI & CRIMINAL DEFENSE |
In Ohio Courts, a DUI is more commonly known as an OVI or Operation of a Vehicle while Under the Influence. OVI is a violation of Ohio Revised Code 4511.19 (A)(1)(a), which states that no person shall operate a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them. This is the most common OVI charge and is referred to as an A1A OVI.
If the driver submits to a chemical breath or blood test, additional charges may be filed based on the result, which is referred to as Blood Alcohol Content or Concentration ("BAC"). A charge based on a BAC between 0.08 and 0.17 is a Low Tier OVI. A charge based on a result above 0.17 BAC is a High Tier OVI. These values change slightly if the driver submits to a urine or blood serum test.
An OVI investigation typically begins with a traffic stop by a city or county police officer or state trooper. If the officer suspects the driver is under the influence, they will request the driver exit the vehicle. The driver must do so.
Next, the officer will request that the driver submit to Standardized Field Sobriety Tests (the "SFSTs"): Horizontal Gaze Nystagmus, Walk & Turn, and One Leg Stand. The driver may refuse to perform the SFSTs. The officer may also request the driver submit to a portable breath test ("PBT"). A PBT is not admissible at trial. The driver may refuse to submit to a PBT. At this point, the officer must decide whether the driver is under the influence, and thus, whether to arrest the driver for OVI.
If an arrest is made, the officer will transport the driver to a patrol post and request the driver submit to a chemical test. The driver may refuse to do so. The driver's license will be suspended if he or she refuses to take the test or if the tests results are greater than or equal to 0.08 BAC.
If the driver remains polite and cooperative throughout the entire investigation, the officer will likely allow the driver to be picked up by a family member or friend.
The driver's first appearance in court occurs a few days after the arrest and is known as Arraignment. The driver should enter a plea of Not Guilty because he or she is innocent of the charges until proven guilty beyond a reasonable doubt by the State of Ohio. Richard R. Campbell can appear on your behalf at arraignment, enter your not guilty plea, and request driving privileges if your license was suspended.
The next setting will be a Plea/Trial Setting. At this stage, Richard will obtain the police report and video (if available). Richard will also begin negotiating a reduction of the OVI charge if appropriate.
The next step is known as a Motion to Suppress hearing. The State must prove that the officer had a reason to stop the driver and had enough proof to believe the driver was under the influence prior to making the arrest.
The next step is Trial by jury or judge, during which the State must prove every element of the OVI beyond a reasonable doubt.
If you have been charged with an OVI, contact Richard R. Campbell prior to your Arraignment date.
While with the Clermont County Prosecutor's Office, Richard R. Campbell handled hundreds of misdemeanor cases, many of which were OVIs. It was his responsibility to evaluate the strengths and weaknesses of each case on behalf of the State of Ohio and handle it at each step of the court process.
Richard negotiated plea deals on behalf of the State on a daily basis. He researched and drafted countless responses to discovery demands, procedural motions, and other documents prepared incident to hearings and trials. He presented the State's evidence at hearings, many of which resulted in the denial of defense motions to suppress and dismiss. And lastly, Richard was the State's lead counsel on numerous jury trials and countless bench trials. He knows when the State's evidence will not reach the burden of proof and the defendant will be found not guilty.
Richard's insight into the prosecutor's office gives him the ability to craft the appropriate defense strategy for his client.
Every OVI is different but the outcome is usually predictable.
If there are major defects in the State's case, the charge may be dismissed.
The charge may be negotiated to a lesser charge, such as a reckless operation or physical control.
Evidence may be suppressed at a Motion to Suppress leading to a plea to a lesser charge or dismissal.
The case goes to a jury or bench trial.
During your free consultation with Richard, he will evaluate your case and provide you with a temporary defense strategy and possible outcome.
At an affordable rate, Richard will defend you against traffic violations. On your behalf, he will negotiate for a plea to a non-moving/no-point violation or take it to trial if necessary.
Richard has handled all types of criminal offenses, including thefts, domestic violence, sex related offenses, and driving under suspension charges.
Contact Richard if you have been charged charged with a criminal offense.
Richard was born and raised in Cincinnati. He graduated from the University of Cincinnati College of Law and is licensed to practice law in Ohio.
He can represent clients with cases in the following areas:
Contact Richard if you have been charged with a crime in those areas.