I typically ask, at some point in the conversation, with new clients what questions they might have.  Almost every person I talk to asks at least the three following questions (1) when can I drive again, (2) will I go to jail, and (3) how much do you cost?  People inherently know that you pay for what you get – if you buy a used car you get a used car, but people also know that you should not overpay for services.  A Cleveland DUI Attorney with experience can save you thousands of dollars, and your freedom, in the long run.

Some people call a DUI/OVI conviction the 10,000 dollar ride home.  This takes into consideration a number of things: court costs, fines, attorney fees, probation costs, driving privileges costs, SCRAM costs, and increased insurance costs. At Patituce & Associates we charge flat fees based on the level of the DUI (1st offense, 2nd offense, 3rd offense, etc) and the level of your breath test or refusal.  We also take into consideration any special or unique circumstances that you have.

Call us at (440) 471-7811 for a pressure free, no obligation consultation.  I do not take on every DUI client that calls, we want clients serious about defending their freedom and not simply taking a deal.  Call me, Joe Patituce, I am a DUI Lawyer in Cleveland.  I promise to treat you with the respect you deserve.

Many of my clients are individuals who own and operate their own truck companies – or single units.  All of these people have one thing in common – they have a CDL and without their CDL they are unable to work, function, and survive.  I have often said that I believe that DUI law impacts people holding special licenses more than those without, and it is certainly true when you talk about a CDL.  If you have a CDL and are charged with an OVI/DUI in the Cleveland area you need to speak with a DUI Attorney immediately.  Call us at 440-471-7811.

It is important to hire an attorney that knows exactly how to both defend a DUI and protect your CDL.  All of the attorneys at Patituce & Associates are former prosecutors – we have handled cases ranging from drugs and DUI to murder.  We know how to find errors in police work, and we know how to exploit it to your advantage.

Recently, in 2012, we secured a dismissal for an individual who was simply sitting in his vehicle when the police approached.  We successfully convinced the court to throw out the entire case without the need for a trial.  The prosecutor wanted our client to serve a significant jail sentence, our client took our advice and we fought.  We won and our client walked out with his license in tact, no fines, no costs, and no jail time.

Call us at (440) 471-7811 for your pressure free, no obligation consultation.  Ask to speak with me, Joe Patituce, a DUI Lawyer in Cleveland.  If I do not agree to take your case on for any reason, I will make sure that I send you to someone who will.

I find that almost all of my clients call in, initially, not fully understanding what is at stake in a DUI in the Cleveland area.  Most people are worried about driving privileges, some people are worried about picking up the “party plates”, others are worried about jail or the possible points on their license.  Most do not realize that depending on the circumstances of their offense, on a first time DUI/OVI they may face:

1. 6 consecutive days in jail up to 180 days (even on a first offense);
2. Mandatory “party plates”;
3. Mandatory interlock (you have to blow into this device to even start your car);
4. $1075.00 fine;
5. Court costs;
6. And more.

It is important to speak with a Cleveland DUI Attorney about the facts of your case to find out how they can help you.  All of my attorneys are former Cuyahoga County Prosecutors – we have been on both sides of the criminal spectrum, we know which cops are honest and which are not.  We know how to exploit their mistakes to your benefit.

For instance, in certain instances we are able to completely kick out the field sobriety tests when the police make mistakes.  We have a record of doing this, in other cases we have had courts throw out entire breath testing results.  This means that many times our clients benefit from our experience as former prosecutors and our experience as defense attorneys.

Call (440) 471-7811 for a free consultation, the call is without obligation.  I do not take every case that comes my way but I promise to treat you with the dignity and respect that you deserve.  Ask to speak with me, Joe Patituce, about your Cleveland DUI and the Cleveland DUI penalties.

When I talk to a new client there are three very important things that I need to know.  First, why did the police stop you? Second, did you take any field sobriety tests?  Third, did you take a breath, urine, or blood test?  The purpose of this article is to discuss the second part of what we talk to our clients about – the field sobriety tests and their accuracy.  It is important that you hire an experienced DUI attorney to defend you from your charges.

In most DUI trials that I have seen testimony from the officer, or trooper, that arrested the Defendant goes something like this:  Prosecutor: “Officer tell me how accurate these tests are!”, Witness: “They are 91 percent accurate at proving someone is intoxicated, and these tests proved that the defendant was drunku!!!“  At this point the jury typically looks at the defendant and scowls… PROVEN GUILTY!!!!!!              Right?

Wrong.  It is important to hire someone that actually devotes a large portion of their practice to this type of defense.  The field sobriety tests are incredibly unreliable, and in fact their own manuals tell them this – however – the cops and troopers, and even the prosecutors are not trained to know this.  These police officers and prosecutors are force fed information that makes them believe that the tests are nearly fool proof.  It is hard to blame a cop or prosecutor for not knowing that the field sobriety tests are a Defendant’s best friend, but most defense attorneys do not know this information.

In one of the most important studies published about the field sobriety tests the government group found that the police arrest the wrong person at least 47% percent of the time. The numbers do not lie.  The tests are incredibly faulty and you need to make sure you are going to court with an attorney that knows this, and knows how to exploit it.

Call us at (440) 471-7811 for a pressure free, no obligation consultation.  Ask to speak to me, Joe Patituce, I am a DUI Attorney in Cleveland and if I agree to take on your case I promise that I will work to use the prosecutor’s strongest evidence against them.

To most of my clients the most important question they have when first signing up with us is centered around how long it will take for them to get driving privileges after they have been arrested.  Ohio DUI law is incredibly tough on even a first time offender; specifically on a first offense you could be without the ability to legally drive for the first thirty days of the offense.  It is important to hire a Cleveland DUI Attorney to fight for your right to drive.

Each and every court in the Cleveland area is different.  It is important that your select an attorney that has experience with the court you will be appearing in because while the following are the minimums, there are methods for obtaining privileges faster:

• On a first offense failed breath test you lose your right to drive for a minimum of 15 days;
• On a first offense refused test you lose your right to drive for a minimum of 30 days;
• On a second offense you lose your right to drive for 45 days but your car is impounded for 90 days if it is registered in your name.

It is really important to know that it is probably better for your case, overall, if you refuse all testing – including the field sobriety tests.  The police officers will not tell you that if you take the test but are convicted your license will be suspended for 6 months to 3 years on a first offense!!! But if you do not provide the police with the evidence of your guilt you might not have any suspension at all.

Call (440) 471-7811 for a presure free, no obligation, consultation with me, Joe Patituce, a Cleveland DUI Attorney. If I do not agree to take on your case I will make sure you are pointed in the direction of an attorney that can help you.

Absolutely.  If you refuse a breath test, urine test, or blood test the prosecutor will be able to argue to the jury that your refusal is an indication of your guilt.  However, I want to point out that from a purely strategic standpoint it is almost always better to refuse to take any form of test that would indicate that you actually are guilty of the crime.  All of my attorneys are former Cuyahoga County Prosecutors and I can assure you that we would rather you refuse and protect yourself from conviction than hand off a seemingly easy conviction to the prosecutors.

While a refusal can be used against you, the prosecutor has to actually prove you were intoxicated.  This is measurably harder to do than prove that your blood alcohol level was over a certain number.  And why is that?  Well for starters everyone has a different way of exhibiting intoxication – some people have a high level of tolerance that makes it harder to manifest actual impairement, other people have a very low tolerance.  A skilled Cleveland DUI Attorney can protect you from a conviction after you have refused a breath test.

When you refuse a breath test the prosecutor is forced to rely upon other evidence that the general public does not find as reliable as a breath test.  An example of this are the field sobriety tests, and these tests are not reliable at all.  For instance, the National Highway Safety Transportation Administration (NHTSA) is the group that has spent millions of dollars putting together and studying the field sobriety tests.  In their 2007 publication on one of the three main standardized tests they revealed that in some cases the officers conducted the tests were wrong an amazing 52% of the time.  Most officers, most prosecutors, and most judges are not aware of this.  This is why it is important to hire a DUI attorney to defend you from these charges that actually practices DUI defense.

Call us at (440) 471-7811 for a pressure free, no obligation, consultation with one of my Cleveland DUI Attorneys.  Ask to speak to me, Joe Patituce, about your case and I will gladly review all of the relevant facts with you.  Your call is important and if I decide to take your case on all of my attorneys and staff will immediately begin working on your case for you.  I personally handle every important aspect of each DUI client represented by my Firm.

As a former prosecutor I, and all of the attorneys that work for me, loved it when defendants would provide us with proof of their guilt.  Many people are not aware of their rights, and the possible penalties associated with taking a breath test.  Often after a client has already failed the breath test (which we have discussions on this website as to why you might not want to take those tests) and is in a room with one or two officers.  Often the conversation between the officers goes something like this:

• Officer: “If you take the test and fail you only lose your license for 90 days”
• Person: “But Im not sure I should take it.”
• Officer: “If you dont take the test Im going to take your license for a year and you wont be able to drive.”
• Person: “Ok, I’ll take the test”.

If you are convicted of a DUI in Cleveland, or the rest of Ohio, you will lose your license for a period of six months to three years.  The officers almost never tell you that piece of information prior to your submitting to a breath test.  Fortunately, most of our clients are initially in the same position and we know how to deal with failed breath tests. It is important that you remember to keep your cool and not offer up more information and evidence than is necessary.

It is incredibly difficult for a prosecutor to prove you were guilty of drunk driving if you did not take a breath test.  Of course every case is different and if you are on the dash camera throwing up and complaining of how drunk you are – that makes it easy, but the vast majority of our clients appear ok on the video and those that did not take the breath test have a good defense. Our DUI Attorneys in Cleveland aggressively defend clients all across Ohio.

Call (440) 471-7811 today to discuss your case with one of our Cleveland DUI Attorneys.  If you would like ask to speak to me, Joe Patituce, and I would be more than glad to personally review the facts, circumstances, and situation of your case with you.

This is often one of the questions I get asked by potential clients.  I mean, it sounds impossible right?  Who can possibly beat a DUI?  The police have their scientific tests and their fool proof devices!  If this were the case my law firm would not be in business and we would not have all of the positive reviews about us out there.  We have a very strong reputation for a reason and I stand by it.

A Cleveland DUI Attorney can have the field sobriety tests challenged and possibly thrown out.  The field sobriety tests are standardized tests, and if you remember anything from high school standardized tests you probably remember that they never quite tested what you actually knew or what they were intended to test.  Some people who are a bit more cynical might even go so far as to say that they were a joke.

The first step we take in defending our clients from a DUI/OVI charge is to attack the field sobriety tests.  First, it is rather rare in my experience that a police officer can even complete the instruction portion of the tests without making major errors.  Second, even if performed properly the tests can be attacked.  For instance!  Police officers are not trained to know the actual science, and statistics, behind the field sobriety tests.  They are told that the tests are 77% accurate.  This is hardly the case and because we know this we can successfully attack the field sobriety tests to both a judge and jury.  A DUI Lawyer in Cleveland can make all the difference in the world in your case.

The next hurdle in a typical DUI case is the breath/blood/urine test that you were more or less tricked into taking.  Currently, my favorite test to attack is the breath test on a device called the intoxlyzer 8000.  It has a fancy name, but it is more show than anything else at this point.  For example: certain records pertaining to our clients’ tests have been changed, repeatedly, during the course of a case.  If I did this, or you the reader did this, I would probably be charged with a felony!

Bottom line: If you have been charged with a DUI you need to call a DUI Lawyer in Cleveland today.  Call us at (440) 471-7811 for a free consultation.  Ask to speak to me, Joe Patituce, abotu your case and how we can help you.  The call is free, there is absolutely no obligation, and even if I do not agree to take your case on I will make sure that you are pointed in the right direction.

I find it surprising how often a defense based on the police officer’s failure to properly give my client’s their Miranda warnings actually comes up.  First, what is a Miranda warning?  Most people know that you need to be told you have the right to remain silent and have an attorney represent you.  However, most people do not realize how important it is to have a Cleveland DUI Attorney representing them from the very moment they come in contact with the police.

Miranda applies to the moment you are in custody.  What is custody?  Custody can be when you have handcuffs placed on you, or when you are no longer free to leave.  The point at which you are no longer free to leave is very important to your case because if the police question you after custody has happened nothing you say should be used against you unless you are given the proper warnings.  Unfortunately, many attorneys overlook this very important aspect of DUI defense.

As an example I recently, and successfully, defended a young professional who was pulled over for allegedly making a right turn on red.  The officer took the woman from her car, and placed her in his cruiser.  At this point he began to interrogate her regarding how much alcohol she had consumed.  At first she denied consuming any alcohol, however, after a few moments she relented and admitted to having a drink.  Because she was in custody, and because she was not given the warnings the judge threw out every piece of evidence that was obtained from that point forward.  This means the field sobriety tests, the admission to drinking, and the breath test.

It is important to know your rights and to invoke them.

If you have been arrested for a DUI in the Cleveland area give me, Joe Patituce, a call at (440) 471-7811 today.  The call is pressure free and without any obligation.  If I do not agree to take your case I will make sure that you are referred to a skilled attorney.  If I do take your case be assured that you have hired a very aggressive DUI Attorney in Cleveland and that I will do everything I can to protect you from the consequences of your charges.

St. Patrick’s Day is one of those times of the year where the day after the Holiday my phone does not stop ringing – and for good reason: Cleveland Police conduct DUI checkpoints and roadblocks all day on St. Patrick’s Day.  Most intelligent, savy, people have the forethought to look up where roadblocks might be.  You do this for two reasons: (1) You do not want to be bothered with the police after having just a couple of beers, (2) You do not want to be arrested for a DUI/OVI!

Some people, especially groups like MADD and SADD, think that posts such as this are ridiculous – they want everyone to submit to a field sobriety checkpoint.  If you are heading out on St. Patrick’s Day you need to make sure that you have our office number on you: (440) 471-7784 and our DUI emergency number (216) 288-0792.  The police can legally stop your vehicle at a checkpoint if they meet a certain number of conditions.  If you are unfortunate enough to be caught this is what you might want to consider:

If the police smell alcohol they are most likely going to arrest you.  Police are trained to start conducting field sobriety tests once they smell alcohol – they want to arrest you.  The field sobriety tests are one of two different ways in which they obtain evidence to convict you.  So ask yourself: Why would you submit to a field sobriety test?  If you refuse you are going to, temporarily at least, lose your license for one year on a first offense.  BUT if you take the test, fail, and then take a breath test you are going to possibly lose your license for a period of six months to three years!

The breath test is one of the key pieces of evidence that police and prosecutors use against you.  Many smart attorneys advise their clients to DO NOT TAKE ANY BREATH TEST!  The same advice applies to other types of tests.  The police might threaten you, question you, but you have a 5th and 6th Amendment right not to give the government evidence to use against you.

Call us at (440) 471-7811 for help on any of these issues.  We are available 24/7 for consultations that are pressure free and without any obligation.  My name is Joe Patituce and I am a DUI Lawyer in Cleveland.  I look forward to helping you, have a safe holiday!