DEFEND YOUR RIGHTS!
WHAT ARE THE DEFENSES TO AN OVI OFFENSE?
- 1. The Defendant was not "operating"a "motor vehicle" on a "public highway."
- 2. The Defendant was not "under the influence."
- 3. The Police Officer improperly stopped the Defendant.
- a. The Officers did not have an "article suspicion" legally sufficient to stop the defendant.
- b. The stop was made pursuant to an unconstitutional roadblock.
- 4. The Police Officer improperly arrested Defendant.
- a. The Officers lacked probable cause sufficient to justify an arrest.
- b. The Defendant did not commit an illegal act in the presence of the officer.
- c. The Officer lacked jurisdiction to make the arrest.
- d. The arrest was the result of an unlawful home entry.
- e. the arrest was the result of an unlawful search and seizure.
- f. The Officer who made the arrest had not complied with the statutory police qualifications.
- 5. The Police Officer did not give the Defendant adequate warnings.
- a. Miranda warnings
- b. Warnings required by statute of limitations.
- 6. The Defendant has an affirmative defense.
- a. Necessity
- i. Injury or threat of injury to human or animal life
- ii. The imminent danger of injury
- iii. The danger required that the defendant drove to avoid the injury
- b. Duress
- i. The offense was committed to avoid serious injury or death
- ii. No alternative existed to avoid the serious injury or death
- iii. The harm avoided by the commission of the offense was greater than the harm produced by the defendant
- iv. The defendant had a good faith belief that the commission of the offense was necessary to avoid serious injury or death
- v. The defendant's belief was reasonable under the circumstances
- vi. The defendant did not create the situation that imposed the threat of serious injury or death.
- c. Entrapment
- d. Involuntary Intoxication
- i. The defendant became intoxicated through force or threat of force
- 7. Defendant's right to a speedy trial was violated.
COMMON QUESTIONS
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