Our client was arrested in Hamilton County and charged with DUI. After entering a plea for our client of not guilty, we asked the State Attorney’s Office to provide us with all the evidence in their possession that they intended to use to prosecute this client. While reviewing this discovery we noticed that there was a problem with the breath test affidavit, and that our client’s breath test should be excluded. Based on this evidentiary issue we were able to negotiate with the State Attorney’s Office to accept our client into a diversion program. This diversion program resulted in a reduced charge of reckless driving. It is very important that a trained DUI attorney evaluates your case before accepting any offer from the State. Failure to do so can result in you pleading to a DUI that could have been reduced or dismissed.
DUI & Criminal Division
