June 2, 2011 | Uncategorized
Charged with a DUI in Akron, Ohio or one of the surrounding counties? You’re wondering how the police were able to charge you if they did not see you drive?
One of the top elements a prosecutor has to prove in an OVI case is operation.
Operation in a DUI case is best proven when they can show that you moved a vehicle. This is normally when the police see you drive and pull you over.
They can also prove that you have caused movement of the vehicle. This means that even if you are later found at a singe car accident it is enough if they can establish that you were the driver.
“Have caused movement” has also been established when a vehicle is stuck in mud or snow. The best the prosecutor can do in this DUI case is to show some evidence that an attempt was made to free the vehicle and it moved a few inches.
Just because the police did not see you drive is not always enough to avoid being charged with a DUI. However, we must remember that to be convicted at trial the standard is proof beyond a resonable doubt on all the elements of a DUI / OVI in Cincinnati, Ohio.
Be safe and remember, if you or a family member has been arrested for DUI or OVI in the Akron Area – including: Stark, Protage and Summit Counties – call me, Mark Wieczorek, or one of my qualified associates at 330-564-1126. We are available 24-hours a day, 7 days a week. Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work….for you!