Retaining the services of a top Batavia DUI lawyer can make a big difference when an Ohio resident is charged with drinking and driving or other criminal offenses in court. It’s no uncommon for people who have been charged with a DUI to go to their first court appearancey and plead guilty to a DUI charge. They may have decided that the punishment probably won’t be unduly harsh and don’t want to spend the money on a top Batavia DUI lawyer. Unfortunately, they don’t stop to consider all the consequences of a Batavia drinking and driving conviction and how it can impact their lives.
A Batavia DUI Lawyer with a Focus on DUI and Criminal Defense
What you need to know about your DUI charge
Individuals who are charged with drinking and driving in Clermont County Municipal Court should consult a Batavia DUI lawyer before going to their first hearing. Unfortunately, sometimes people try to get through the court process on a DUI case without contacting a Batavia DUI lawyer. These Batavia DUI defendants sometimes plead guilty to all charges against them and accept the sentence the judge gives them, whatever that may be. This is not an ideal way to handle a DUI case because these individuals rarely understand the serious consequences associated with a DUI conviction.
If a Batavia DUI Defendant pleads to a first DUI in Clermont County Municipal Court, they face a number of potential penalties: (a) Clermont County Jail sentence up to 180 days, even on a first offense; (b) a monetary fine up to $1075, plus court costs, even on a first offense; (c) Batavia DUI treatment assessment for drug and alcohol abuse and an in-patient Driver Intervention Program (DIP); (d) a license suspension that lasts up to three years, even on a first offense; (e) probation with the Clermont County Municipal Court that can last up to five years, even on a first offense; (f) DUI license plates on the DUI driver’s vehicle; and (g) alcohol detection device on the Batavia DUI defendant’s vehicle.
If a Batavia DUI Defendant pleads to a second or third DUI in Clermont County Municipal Court, they face more serious consequences than their first DUI. Following are the potential penalties associated with a third DUI charge in six year:(a) Clermont County Jail sentence up to one year but no less than thirty days; (b) a monetary fine up to $2750 but no less than $850; (c) Mandatory drug and alcohol treatment, including possible in-patient treatment; (d) a license suspension that lasts up to ten years, but no less than two; (e) forfeiture of the Batavia DUI defendant’s motor vehicle. While these penalties are significant, most courts will show little mercy to a Batavia DUI defendant facing a third DUI charge in six years.
The aforementioned penalties associated with a DUI offense are codified in the Ohio Revised Code and can be imposed on anyone charged with DUI in Clermont County Municipal Court. As standard operating procedure, the court informs every DUI defendant of potential sanctions before a plea, however, Batavia DUI Defendants who are represented by a good Batavia DUI lawyer can usually avoid most of these penalties. The lawyer’s goal is to get the DUI charge dismissed or reduced to a minor traffic violation. If the Batavia DUI lawyer is successful in getting the DUI charge dismissed, none of the mandatory penalties are applicable. That means no mandatory jail time, no mandatory fines and no mandatory license suspension.
A Batavia DUI lawyer is no guarantee of success, however, it’s not uncommon for good lawyers to get a DUI charge dismissed or reduced to a minor traffic violation like physical control reckless operation. Keep in mind that some lawyers are better at getting it done than others. If you are seeking a Batavia DUI lawyer, consider looking for the following: (a) a lawyer who has a proven record of success; (b) a lawyer who is recognized by peer advocacy groups and receives good client reviews; and (c) a lawyer who focuses his entire practice on DUI and criminal defense as opposed to a lawyer who also handles cases in personal injury, divorce and estate planning.
Working with Jeremiah was a pleasure and would recommend him to anyone! I recorded a
.167 breath test at the time of my arrest and Jeremiah got my charges dropped down
to reckless driving. I truly believe he got the very best outcome for me and my
situation. If you are in need of a DUI attorney, I would call Jeremiah ASAP!
— Dylan Jones
Working with Jeremiah was a pleasure and would recommend him to anyone! I recorded a
.167 breath test at the time of my arrest and Jeremiah got my charges dropped down
to reckless driving. I truly believe he got the very best outcome for me and my
situation. If you are in need of a DUI attorney, I would call Jeremiah ASAP!
— Dylan Jones
Working with Jeremiah was a pleasure and would recommend him to anyone! I recorded a
.167 breath test at the time of my arrest and Jeremiah got my charges dropped down
to reckless driving. I truly believe he got the very best outcome for me and my
situation. If you are in need of a DUI attorney, I would call Jeremiah ASAP!
— Dylan Jones
Working with Jeremiah was a pleasure and would recommend him to anyone! I recorded a
.167 breath test at the time of my arrest and Jeremiah got my charges dropped down
to reckless driving. I truly believe he got the very best outcome for me and my
situation. If you are in need of a DUI attorney, I would call Jeremiah ASAP!
— Dylan Jones
Working with Jeremiah was a pleasure and would recommend him to anyone! I recorded a
.167 breath test at the time of my arrest and Jeremiah got my charges dropped down
to reckless driving. I truly believe he got the very best outcome for me and my
situation. If you are in need of a DUI attorney, I would call Jeremiah ASAP!
— Dylan Jones
Working with Jeremiah was a pleasure and would recommend him to anyone! I recorded a
.167 breath test at the time of my arrest and Jeremiah got my charges dropped down
to reckless driving. I truly believe he got the very best outcome for me and my
situation. If you are in need of a DUI attorney, I would call Jeremiah ASAP!
— Dylan Jones
Message from Batavia DUI lawyer, Jeremiah Denslow
Hello, my name is Jeremiah Denslow. I’m a Batavia DUI lawyer and I devote my entire practice to criminal defense with a focus on DUI defense. I travel to courts all over Cincinnati, Dayton and other Ohio cities representing people charged with DUI and other criminal offenses. If you’re a Batavia DUI Defendant and have a DUI case in Clermont County Municipal Court, you would benefit by speaking to a Batavia DUI lawyer. While it’s unethical to guarantee results in any individual case, my goal is a dismissal or reduction for every charge. Success in past cases is not a guarantee of success in future cases, however, in the 2016 calendar year, the majority of my clients had their charges dismissed or reduced and avoided jail time. My strategy is simple and straight forward: (a) I focus my entire practice on criminal defense and DUI defense; (b) I only accept cases in Ohio; and (3) I limit the number of clients I represent. That is a focused practice with a limited number of clients and more attention for each client.
If you’re a DUI Defendant with a DUI case pending in Clermont County Municipal Court, give me a call. I’m a Batavia DUI lawyer and you can reach me at 513-268-4000.
Batavia DUI Lawyer Reviews for Jeremiah Denslow
Review for Batavia DUI lawyer: “Jeremiah gives his clients the individual attention that you just don’t see from other attorneys. He’s honest, articulate, and works very hard for his clients. I’d recommend him to friends and family alike. Great attorney!”
Review for Batavia DUI lawyer: “I know Jeremiah to be a tireless student of all things related to Ohio DUI defense. He studies DUI cases on a daily basis and consistently searches for new and innovative DUI defense strategies. If ever in need of an Ohio DUI attorney, I would highly recommend Jeremiah Denslow.”
Review for Batavia DUI lawyer: “As past president of the Ohio Association of Criminal Defense Lawyers (OACDL), I strongly recommend Jeremiah Denslow as a highly qualified attorney in criminal and DUI defense. He has solid credentials, a wealth of experience and he always fights for his clients. He has earned a 10.0 AVVO rating and is a 2013 Super Lawyer Rising Star. Jeremiah is a tremendous advocate and I give him my strongest endorsement in the field of criminal defense.”
Review for Batavia DUI lawyer: “Mr. Denslow is a good lawyer. If you have a DUI, he can help. I know there are other good lawyers in the area, but Jeremiah is up there with the best.”
Review for Batavia DUI lawyer: “I have had the pleasure of knowing Jeremiah for over a decade. As an attorney, Jeremiah has few peers as he not only aggressively advocates for his clients, he brings a wealth of legal knowledge. His experience in the prosecutor’s office and in private practice gives Jeremiah incredible insight thoughout the entire legal process. I absolutely endorse Jeremiah Denslow as one of the best attorneys I know.”
Review for Batavia DUI lawyer: “….I called Jeremiah Denslow at 7am that following Monday morning and he answered my call immediately, took all my information and called me back within 2 hours of my first phone call with information that he was able to obtain. I immediately hired Mr. Denslow to represent me and to get this case taken care of. He filed all the paperwork and motions to begin the process and everything went smooth. The end result from Mr. Denslow what that the case was dismissed.”
If you have a DUI case in Clermont County Municipal Court, please contact a top Batavia DUI lawyer to see if he can get the case dismissed or reduced to a lesser offense. The penalties and collateral consequences on these pages only apply to drivers who are convicted of DUI/OVI. A top Batavia DUI lawyer may be able take the case in a different direction and prevent you from going to jail, incurring a license suspension and serving probation.
Batavia DUI Lawyer: DUI Defense Strategies
Batavia DUI lawyers will look at each client’s case to see what DUI defense strategies will be the most effective. One of the most basic Batavia DUI defense strategies that a Batavia DUI lawyer should evaluate is the reasons for the officer’s first contact with the suspected DUI driver. Was the Batavia DUI Defendant driving under the influence at the time of the stop? If not, why did the Batavia police officer suspect the driver of driving under the influence? If the Batavia police officer or Clermont County Sheriff Deputy didn’t have appropriate evidence to support his belief that the driver was under the influence, a Batavia DUI lawyer should file a motion with the Clermont County Municipal Court. If the court agrees that there wasn’t reasonable suspicion that the DUI suspect was driving under the influence, the court will likely dismiss the case.
Batavia DUI cases almost always begin with a traffic stop for a violation unrelated to driving under the influence. Something like speeding, driving left of center, or expired license plates. In these cases, a top Batavia DUI lawyer should ask themselves, “how did the case escalate from a traffic stop to a DUI case?” Ohio law does not allow Batavia police officers and Clermont County Sheriff Deputies to turn the stop into a DUI investigation unless the officer can state very specific reasons why they believed the driver was under the influence. Batavia DUI lawyers should ask themselves “what specific evidence led the police officer to change the initial traffic stop into a DUI case?” If the officer can’t provide an adequate response, the Batavia DUI lawyer should file a motion with the Clermont County Municipal Court. If the court agrees that there wasn’t enough evidence to start a DUI investigation, the court will likely dismiss the case or at least limit the evidence against the driver. This is a second DUI defense strategy that is available to Batavia DUI lawyers.
Roadside sobriety tests are typically used in Batavia DUI investigations. However, police officers often make mistakes when they give suspected DUI drivers these tests. Thus, Batavia DUI lawyers should ask themselves, “did the Batavia police officer or Clermont County Sheriff Deputy give the tests in accordance with Ohio law?” This is a third Batavia DUI defense strategy employed by good Batavia DUI lawyers. If the Batavia officer made any mistakes in testing the suspected DUI driver, an experienced Batavia DUI lawyer will file a motion with the Clermont County Municipal Court. If the court agrees that the roadside sobriety tests were given incorrectly, the suspect’s performance will be excluded as evidence in the case.
In cases where a DUI driver performs poorly on the roadside sobriety tests, a Batavia DUI lawyer should ask themselves, “why did my client do a bad job performing the roadside sobriety?” This could be considered the Batavia DUI lawyer’s fourth DUI defense strategy. If you spend some time thinking about all the reasons a DUI suspect may do poorly on agility and concentration exercises, you will find many legitimate reasons that have nothing to do with alcohol or drugs. For example:
The Batavia DUI suspect was wearing heels or other inappropriate shoes during the tests.
The Batavia DUI suspect performed the tests on uneven, sloped or cracked pavement.
The Batavia DUI suspect did the tests on a wet, slippery surface.
The Batavia DUI suspect couldn’t see very well because the area was dark.
The Batavia DUI suspect doesn’t speak English well and didn’t understand the officer’s instructions.
The Batavia DUI suspect was distracted by oncoming traffic or the cruiser’s strobe lights.
The Batavia DUI suspect was extremely nervous and scared when he took the tests.
The Batavia DUI suspect was overweight and that made the tests difficult to perform.
The Batavia DUI suspect was injured and the injury made it hard to complete the tests.
The Batavia DUI suspect was confused by the officer’s instructions.
The Batavia DUI suspect took the tests in extreme weather, such as rain, snow, ice or wind.
The Batavia DUI suspect was suffering from a medical condition.
The Batavia DUI suspect was exhausted and suffering from fatigue.
If the Batavia DUI driver’s performance in the sobriety testing was impacted by any of the above-referenced factors, a Batavia DUI lawyer should file a motion with the Clermont County Municipal Court. If the court agrees that the roadside sobriety tests were impacted by reasons other than intoxication, it may exclude the tests from evidence available to the prosecution. On the other hand, this may be a trial issue and something that the jury could consider in determining the weight to give to the roadside field sobriety testing.
Another strategy for Batavia DUI lawyers in breathalyzer cases is to attack the breath test by illuminating the inherent rate of error in Ohio’s breath testing equipment. When the maintenance and calibration of an Ohio breathalyzer is perfect and the sample is obtained appropriately, in accordance with Ohio law, there is still an inherent rate of error in a breathalyzer. While this inherent rate of error isn’t a factor where a Batavia driver tests positive for an extremely high blood alcohol concentration, if the driver’s BAC is close to .08, a Batavia DUI lawyer should file a motion with the Clermont County Municipal Court or obtain an expert witness to testify at trial. A witness with intimate knowledge of Ohio’s breath testing machines can explain these issues to a jury should the case go to trial.
Another question that Batavia DUI lawyers should consider in breathalyzer cases is, “did the Batavia police officer or Clermont County Sheriff deputy follow Ohio law when giving the DUI suspect the breathalyzer?” The rules are clear that Batavia police officers must follow state law when they give a breathalyzer to a driver. There are many procedures the officers must following in giving a test, including, (a) observation of the driver for twenty minutes prior; (b) administer the test within a few hours of the DUI incident; and (c) read the driver warnings and information related to the consequences of refusing the test or testing above the legal limit. There are a myriad of regulations that apply to breath testing in Batavia DUI cases. If the police officer didn’t substantially comply with them, a good Batavia DUI lawyer should file a motion with the Clermont County Municipal Court. If the court agrees that the officer didn’t follow Ohio law in giving the breath test, the result will not be used against the DUI suspect.
There are many Batavia DUI defense strategies depending on the facts and circumstances of a particular DUI case. The strategies listed above are just a few of the most common. Read more about Ohio DUI defense strategies here.
Batavia DUI Lawyer: Collateral Consequences of DUI Conviction
A Batavia DUI Defendant who is convicted of a drinking and driving charge will face a number of additional consequences outside of the criminal justice system. These are called collateral consequences. Batavia DUI lawyers with experience in Ohio DUI defense can provide each of their clients with appropriate information and the negative impact these consequences can have on a person’s life. For example, DUI convictions cannot be sealed or expunged from the Batavia DUI Defendant ‘s record. This is somewhat curious when one realizes that the large majority of misdemeanor criminal offenses are eligible for expungement as are many felonies under Ohio law. That means a Batavia DUI conviction will stay on the person’s criminal record forever. For this reason alone, probably the most important goal for a top Batavia DUI lawyer is to get the DUI charge dismissed or reduced to a minor traffic offense.
There are other collateral consequence associated with a Batavia DUI conviction, such as DUI defendant’s potential difficulty in finding employment in the future. It’s not uncommon for businesses and governmental agencies to do background checks on people when they apply for a job. For some businesses and governmental agencies, a criminal record will automatically disqualify a Batavia DUI Defendant from getting a job. For others, a criminal record won’t necessarily prohibit employment altogether, however, it may give other applicants an advantage over someone with a DUI conviction. This is another reason that the primary goal for most top Batavia DUI lawyers is to beat the DUI charge.
Another collateral consequence associated with a Batavia DUI conviction is the cost of insurance. While insurance companies are private and have their own internal policies when it comes to driving records, most insurance agencies increase rates for people who are convicted of drinking and driving. Sometime, the insurance company will cancel the driver’s policy or require the Batavia DUI defendant to obtain an SR 22 bond. Batavia DUI lawyers can educate their clients about these and other consequences of a Batavia DUI conviction.
For example, the Ohio Bureau of Motor Vehicles will assign six points to a Batavia DUI Defendant who pleads guilty to drinking and driving. Many traffic offenses include BMV points, but the six points that a DUI carries is the most under Ohio law. The same as for an aggravated vehicular homicide charge. The additional points have the potential to bring the DUI defendant a second license suspension directly from the BMV, in addition to the one imposed by in the Clermont County Municipal Court DUI case. The points suspension can last for six months. Every Batavia DUI lawyer should ask their clients about their driving record. If they have had tickets in the past few years, the Batavia DUI lawyer should then get a drivers abstract directly form the BMV. With that information, a top Batavia DUI lawyer can determine what impact additional points will mean for the DUI defendant and also will help to shape their ultimate goals in the case. For example, someone with eight points on their driving record who is facing a Batavia DUI charge would likely prefer a physical control charge over a reckless operation because the physical control carries no points while the reckless operation carries four points.
If a Batavia DUI Defendant is ever convicted of a second DUI, they will encounter much tougher penalties the second time around. An experienced Batavia DUI lawyer will educate their clients on specific penalties for a second DUI offense including: (a) mandatory ten day sentence at the Clermont County jail that can last up to six months; (b) mandatory fine of $525 up to a maximum of $1625; (c) mandatory driver license suspension that can last as long as five years; (d) special DUI license plates; (e) breath testing equipment installed on the driver’s vehicle; and (f) mandatory counseling and other treatment at a Batavia DUI treatment facility. These are the penalties specified by Ohio law, however, a good Batavia DUI lawyer can often work to avoid or reduce some of these penalties.
Batavia DUI Defendants who are enrolled in college run the risk of being charged by their college or university as well. Ohio’s colleges and universities almost always has the ability to bring a disciplinary case against a Batavia DUI Defendant who is charged with drinking and driving by charging them with a violation of the code of student conduct. Potential penalties can include probation, suspension and even expulsion from the person’s college. This is yet another reason why Batavia DUI Defendants charged with DUI are best served by representation of a top Batavia DUI lawyer.
Batavia DUI Lawyer: DUI Courts in Batavia Ohio and the Surrounding Areas
There are many courts in southwest Ohio that handle Batavia Ohio DUI cases, including Clermont County Municipal Court, Hamilton County Municipal Court and Butler County Municipal Court. Most Batavia DUI cases will be in Clermont County Municipal Court. To determine which Batavia DUI court will process your DUI case, simply ask your Batavia DUI lawyer or look at the citation, indictment or BMV 2255 form. If you didn’t receive any of those from the arresting officer, figure out which Batavia Ohio area police department issued the DUI citation. Once you obtain that information, you can contact the police agency and ask them in what court the DUI will be handled. You can then navigate to the website for the appropriate Batavia DUI court. Once on the court’s website, you can typically perform a records search by typing in your name in the search box. You should closely review the DUI court’s online file to determine the specific charges against you, upcoming court dates, and any documents your Batavia DUI lawyer has filed, assuming you’ve retained one.
Following is a compilation of southwestern Ohio courts that handle Batavia DUI cases, grouped by county:
Batavia DUI Lawyer: DUI Courts in Clermont County Ohio
Jeremiah Denslow is an Experienced Batavia DUI Lawyer
An experienced Batavia DUI lawyer knows that no DUI arrest is perfect
Most Batavia DUI arrests and prosecutions include a number of witnesses, including law enforcement officers and the individuals who collect, test and store blood, breath and urine samples. An experienced Batavia DUI lawyer also knows that these witnesses are human and they make mistakes. Further, Batavia DUI investigations include a breath testing device or other testing equipment that is not always maintained according to current Batavia Ohio DUI law and regulations.
There are over 1 million laws in the United States. I am a top Batavia DUI lawyer who focuses his practice on just a few–DUI and criminal defense. Because of my focus and experience, I know the Batavia DUI laws better than most attorneys in Ohio. I am a passionate Batavia DUI lawyer and I get results, however, I don’t accept every case that comes through the door. If you’re serious about your case and want a top Batavia DUI lawyer to represent you, please call me at 513-268-4000 or 937-242-6400.
Hello, my name is Jeremiah Denslow. I’m a Batavia DUI lawyer and I devote my entire practice to criminal defense with a focus on DUI defense. I travel to courts all over Cincinnati, Dayton and other Ohio cities representing people charged with DUI and other criminal offenses. If you’re a Batavia DUI Defendant and have a DUI case in Clermont County Municipal Court, you would benefit by speaking to a Batavia DUI lawyer. While it’s unethical to guarantee results in any individual case, my goal is a dismissal or reduction for every charge. Success in past cases is not a guarantee of success in future cases, however, in the 2016 calendar year, the majority of my clients had their charges dismissed or reduced and avoided jail time. My strategy is simple and straight forward: (a) I focus my entire practice on criminal defense and DUI defense; (b) I only accept cases in Ohio; and (3) I limit the number of clients I represent. That is a focused practice with a limited number of clients and more attention for each client.
Another question that Batavia DUI lawyers should consider in breathalyzer cases is, “did the Batavia police officer or Clermont County Sheriff deputy follow Ohio law when giving the DUI suspect the breathalyzer?” The rules are clear that Batavia police officers must follow state law when they give a breathalyzer to a driver. There are many procedures the officers must following in giving a test, including, (a) observation of the driver for twenty minutes prior; (b) administer the test within a few hours of the DUI incident; and (c) read the driver warnings and information related to the consequences of refusing the test or testing above the legal limit. There are a myriad of regulations that apply to breath testing in Batavia DUI cases. If the police officer didn’t substantially comply with them, a good Batavia DUI lawyer should file a motion with the Clermont County Municipal Court. If the court agrees that the officer didn’t follow Ohio law in giving the breath test, the result will not be used against the DUI suspect.
