suhrelaw | February 28, 2017 | OVI Defense
Kettering Municipal Court OVI cases are often resolved by way of a plea. As long as you do not have too high of a breath test we will likely be able to negotiate with the prosecutor and judge to avoid an OVI conviction for first offenders. If your breath test is under 0.120 BrAC there is the best chance the prosecutor will negotiate with your lawyer to reduce your OVI. OVI is more commonly know as a DUI.
If you refuse a breath test the prosecutor will look at the facts of the case to see if they have a good chance of proving your case. If your lawyer can find weak spots in the prosecutor’s case it can help negotiations. The court and prosecutor will want to make sure you have auto insurance in effect covering the vehicle you were driving at the time and current insurance with your name on it.
If you test over the limit they will consider driving privileges after 15 days. If you refuse you have to wait 30 days unless the judge grants a stay. You will have to apply at the civil clerk’s window in the court. They will charge a fee of about 110 dollars to apply and ask you to file a motion listing where and when you drive. They also have you fill out an order for the court to sign if the judge grant’s your motion. Your lawyer can help you fill out the application.
One trick to avoid the application fee your lawyer will use is to try resolving the case as soon as possible because the resolution will likely result in termination of the administrative BMV suspension you are under. This is an especially good tactic if you refuse a breath test and have to wait 30 days before you can ask for privileges.
The prosecutors, staff, and judges are very cordial to the lawyers that practice there and are also very polite to the people that enter the court for cases. They also expect that you show them and their staff the same courtesy. If you have an OVI case in Kettering Municipal Court in Dayton, Ohio call our office because we can help.
Their website lists their contact information as follows:
Clerk’s Office and Court Hours:
Monday – Friday
8:00 am – 4:30 pm
Kettering Municipal Court
2325 Wilmington Pike
Kettering, Ohio 45420
Get Directions & Map
Clerk: (937) 296-2461