HEEEEELP!!! I'm going to trail!!!

[dillinger78]

What is the name of your state (only U.S. law)? OHIO

I have a OVI charge stemming from a single car accident. I have pleaded not guilty to the charge during pretrail due to the fact the crime lab had no evidence from the BAC test at that time. The trial is set for next monday 12/28/09. The crime lab technician has been called to testify in another trial and will not be able to be at my trail date. The state tried to get a continuance but the court denied the continuance. Do I stand a chance of winning this case without an attorney if the crime lab technician is unable to testify even if the court may have the results and the results are over the limit?

 

[CdwJava]

Unless you are going to challenge the results of the test (an expensive proposition) chances are the state can get the results stipulated. I suppose it is POSSIBLE that Ohio REQUIRES a lab tech to present the results in every case, but that would be - in my mind - a prohibitively expensive proposition.

 

[Thomas Howard]

HEEEEELP!!! I'm going to trail!!!


Do I stand a chance of winning this case without an attorney?


Not wishing you bad luck but**************

My guess is the prosecutor will mop the floor with you.

Have you looked at the discovery? Considering you are
here asking probably not. But without it and an attorney
you are walking into an ambush.

 

[dillinger78]

Can i ask for the discovery to my case?

Can I ask for the discovery to my case since I have no choice but to represent myself. Im disabled and unable to earn any income at this time and made to much money to qualify for a Public Defender. Plus I have had no success in reviewing the ohio revised codes to find anything stating they have to have a crime lab technician present during trial.

 

[Indiana Filer]

Can I ask for the discovery to my case since I have no choice but to represent myself. Im disabled and unable to earn any income at this time and made to much money to qualify for a Public Defender. Plus I have had no success in reviewing the ohio revised codes to find anything stating they have to have a crime lab technician present during trial.

Since the trial (not trail) is less than a week away, there isn't time for you to file for discovery now. You should have filed for discovery a long time ago.

When you represent yourself, you are expected to know the procedures of the Court. You didn't, and you failed to do the research in time to learn those procedures. You missed the boat on discovery.

 

[dave33]

You are way behind. This is something you should have already looked into. You need to find out if the forensic testimony will be allowed without your right to question him. this law differs from state to state. The only positive thing you said is that the state asked for the continuance and that may lead you t believe that the d.a. needs him there. Although I do not want to mislead you, that could be a wrong assumption. If he does not have to be present you now have a huge problem because you have prepared no defense. If this is this is the case, I suggest you fnd means for an attorney or beg for a plea. goodluck.

 

[dillinger78]

Worst case scenario?

Ok lets say they have and will use the lab technicians findings in court without the technician physically being there to testify and the charges stick. Can I plead to a lesser charge and ask the court for mercy? I am in the medical field and having a DUI on my record will damage my career and prevent me from going back to medical school. Plus I have to be able to get to my clients houses and that will also be impossible if they impose a ALS suspension. I have recieved some unprofessional advice stating I can ask the court to reduce the DUI to a wreckless operation charge. Would that be the way to go?

 

[HighwayMan]

You'll find out about any offers from the prosecutor. If you have no income now then why wouldn't you qualify for a public defender?

The time to think of the ramifications or your actions is before you act, not after. No one wants to hear you crying about your job or the loss of your driving privileges. You'll get no sympathy here and probably not much more in a court.