DISCLAIMER: These are actual results from the Dominy Law Firm’s DUI / OVI cases and criminal cases in Columbus, Ohio and the central Ohio area. However, the results achieved in past criminal defense cases and drunk driving defense cases is not necessarily indicative of the results which may be achieved in your case because the facts of every case are unique.
OCTOBER, 2024
Domestic Violence Charge Reduced. Our client was involved in a verbal altercation with a separated spouse. The separated spouse yelled at our client and took an aggressive posture. Our client reportedly hit the separated spouse in the shoulder. The police were called, and our client was charged with Domestic Violence.
We pled Not Guilty and investigated the case. Our investigation showed the separated spouse’s credibility was questionable. It also showed their daughter was present during the incident and would testify on behalf of our client. We scheduled the case for a jury trial. Before the trial began, the prosecution reduced the charge of Domestic Violence to a minor misdemeanor charge of Disorderly Conduct. Our client paid a $100 fine and will be eligible to have the case expunged in six months.
Medical Defense Leads to Reduction of DUI/OVI. Our client was pulled-over for speeding, and the officer noticed the odor of an alcoholic beverage and an open case of beer in the vehicle. The officer believed our client’s behavior was odd, and our client had difficulty performing sobriety tests. The officer arrested our client, and our client refused to submit a urine sample. Our client was charged with OVI and Speed.
We presented a medical defense. Our client had ADHD, and that condition affects a person’s ability to comprehend and perform sobriety tests. Symptoms of that condition may also be misinterpreted as alcohol impairment. We presented the defense to the prosecution. The prosecution dismissed the charge of Speed and reduced the OVI to a no-points offense.
Charges Reduced in DUI/OVI with Accident and Prior. Our client was involved in a one-car accident. Medics and officers went to the scene. The officers observed the odor of alcohol, glassy/bloodshot eyes, and slurred speech. The officers did not administer field sobriety tests. Our client was taken to a hospital, the officers asked our client to perform a drug/alcohol test, and our client refused. Our client had a prior OVI conviction within ten years, so our client was charged with OVI ‘impaired’, OVI ‘test refusal with prior conviction’ and Failure to Control.
We entered a plea of Not Guilty and obtained discovery. Based on what we learned from the discovery, we filed a motion to suppress evidence. There was a real issue of whether the officer had probable cause to arrest our client, and the prosecution’s evidence for a trial was weak. Before litigating the motion to suppress, the prosecution dismissed the charge of Failure to Control, dismissed the charge of OVI ‘test refusal with prior conviction’, and amended the charge of second-offense OVI to a non-moving violation.
Third-Offense DUI/OVI Reduced to First Offense. Our client was stopped for a license plate light violation. The officer saw an open alcohol container in the console and smelled alcohol coming from our client. Our client acknowledged drinking alcohol. The officer administered field sobriety tests and observed ‘clues’ on the tests. The officer arrested our client, and our client’s breath test result was .222. Our client had two prior OVI convictions within ten years, so our client was charged with a third-offense OVI (high test). Our client was facing at least 60 days in jail, vehicle forfeiture, and a driver’s license suspension of two years to twelve years.
We contested the case. The evidence showed our client’s driving was fine, our client performed reasonably well on the field sobriety tests, and our client did not appear to be obviously intoxicated. In addition, the admissibility of the breath test was questionable. The prosecution stipulated the OVI was a first offense, so our client served only three days in jail, an 18-month driver’s license suspension, and no vehicle forfeiture.
reduced the Child Endangering Charge to a lesser offense.
SEPTEMBER, 2024
DUI/OVI Reduced to Reckless Operation. A police officer stopped our client for speeding. The officer noticed signs of possible intoxication, and our client acknowledged drinking alcohol. The officer had our client get out of the vehicle. The officer administered some of the standardized field sobriety tests and arrested our client. The officer found an open container of alcohol in our client’s vehicle. Our client refused a breath test. Our client was charged with Speed and OVI and was also subjected to a one-year Administrative License Suspension.
We pled Not Guilty and reviewed discovery. The discovery showed our client performed well on the standardized field sobriety tests. The videos showed our client did not have problems with balance, coordination, or mental processing. We prepared the case for trial. Before the trial stage, we reached an agreement with the prosecution. The prosecution dismissed the speeding violation, reduced the OVI to Reckless Operation, and agreed to termination of the one-year Administrative License Suspension.
DUI/OVI Amended to No-Points Offense. Our client was stopped for driving at inconsistent speeds and weaving. Our client had some difficulty rolling-down the car window. The officer observed the odor of an alcoholic beverage, bloodshot/glassy eyes, and slurred speech. The officer had our client get out of the car and perform field sobriety tests. The officer arrested our client, and our client declined a breath test. Our client was charged with Marked Lanes and OVI. Our client was concerned about having a record for an OVI conviction and was also concerned about driver’s license points.
We contested the case. We reviewed the evidence from the prosecution and filed a motion to suppress certain evidence, including the field sobriety tests. At the hearing for our motion to suppress, the prosecution dismissed the charge of Marked Lanes and amended the charge of OVI to a no-points offense.
Expungement Granted. Our client had two convictions arising from Domestic Violence charges. One conviction was for Attempted Domestic Violence, and one conviction was for Criminal Mischief. We filed an application to expunge the records for both cases, and the prosecution filed an objection. The judge held a hearing and heard from both sides. Over the objection of the prosecution, the judge granted the applications to expunge the records for both cases.
DUI/OVI and Child Endangering. A caller reported that our client was driving recklessly. An officer initiated a traffic stop, and our client stopped in the roadway. The officer suspected our client may be under the influence of alcohol, so the officer administered sobriety tests. The officer arrested our client, and our client refused to submit to a breath test. Our client’s young child was in the vehicle, so our client was charged with OVI and Child Endangering.
We pled Not Guilty and reviewed the discovery. Both charges were based on the allegation our client was operating a vehicle under the influence. We formed a defense showing why the evidence did not prove our client was under the influence. The prosecutor reduced the OVI charge to a lesser offense and also reduced the Child Endangering Charge to a lesser offense.
AUGUST, 2024
DUI/OVI Dismissed. Our client was involved in a two-car accident. An officer went to the accident scene, and our client had already been taken to the hospital. A medic informed the officer our client appeared to be under the influence, and the officer observed alcohol containers in our client’s car. The officer went to the hospital, and our client was uncooperative. The officer charged our client with Assured Clear Distance Ahead and OVI.
We entered a plea of Not Guilty and reviewed the evidence. The video evidence demonstrated the officer jumped to the conclusion our client was under the influence and did not do much of an investigation. The written evidence demonstrated the officer made untrue statements about the investigation. The prosecution dismissed the OVI, and our client pled guilty to the minor misdemeanor charge of Assured Clear Distance Ahead. The sentence was a fine of $150.
DUI/OVI Reduced to Reckless Operation. An officer stopped our client for speeding and observed the odor of alcohol. Our client acknowledged drinking alcohol, so the officer conducted an OVI investigation. The officer arrested our client, and our client’s breath test result was .157. Our client was charged with Speed and OVI.
We contested the case and reviewed discovery. Our client did not appear to be obviously intoxicated on the videos, and the admissibility of the breath test was questionable. Ultimately, the prosecution dismissed the charge of Speed and reduced the charge of OVI to a charge of Reckless Operation with no driver’s license suspension.
Improperly Handling Firearms Reduced. Our client struck a parked car, and officers responded to the scene. The officers asked our client about having a firearm, and our client gave the firearm to the officers. The officers noticed the odor of an alcoholic beverage coming from our client, so they investigated our client for OVI. The officers arrested our client, and our client refused a breath test. Our client was indicted for Improperly Handling Firearms in a Motor Vehicle.
We pled Not Guilty. We reviewed the video evidence, and it showed our client did not have problems with physical coordination, mental processing, or divided attention. On the other hand, our client had prior OVI convictions and performed poorly on field sobriety tests. The case was scheduled for a trial. Before the trial, the prosecution reduced the felony charge of Improperly Handling Firearms in a Motor Vehicle to a misdemeanor, and our client pled guilty to that reduced charge.
Underage DUI/OVI Reduced. An employee at a fast food drive-thru reported to police that our client appeared to be intoxicated. An officer stopped our client in the parking lot. The officer observed an open can of beer, and our client was under age 21. The officer also observed our client had bloodshot/glassy eyes and slurred speech. The officer administered field sobriety tests and arrested our client. Our client took a breath test, and the result was .115. Our client was charged with two counts of OVI.
We entered a plea of Not Guilty and reviewed the evidence. The evidence showed that, before making the traffic stop, the officer did not observe any traffic violations or any evidence our client was under the influence. There was a real issue regarding whether the traffic stop was justified. Based on that issue, we filed a motion to suppress evidence. Before litigating that motion, the prosecutor made a favorable plea agreement. One charge of OVI was dismissed, and the other charge of OVI was reduced to a charge of Operating a Vehicle after Under Age Consumption (OVUAC).
JULY, 2024
DUI/OVI with Crash Reduced. A caller reported that our client was swerving, speeding, and randomly stopping. An officer got behind our client and initiated the cruiser lights. Our client then crashed into a stone wall. The officer observed our client was disoriented, smelled like alcohol, and had slurred speech. Our client was taken to the hospital, and our client consented to a urine test. Our client was charged with Failure to Control and OVI.
We contested the case and reviewed the discovery from the prosecution. The discovery showed the officer did not administer field sobriety tests and may have been unable to distinguish the symptoms of intoxication from a medical condition. The prosecution dismissed the charge of Failure to Control and reduced the charge of OVI to a no-points traffic offense.
Expungement Granted. Our client was charged with marijuana possession and resolved the case with a bond forfeiture. Our client was concerned about potential employers finding the records for the case, so we filed an application to have the case records expunged. We argued that our client’s interest in having the records expunged outweighed the government’s interest in maintaining the records. The judge held a hearing on our application and granted the expungement.
Second-Offense DUI/OVI Reduced. Our client was involved in an accident, and officers responded to the scene. An officer observed the odor of alcohol coming from our client and also observed our client’s speech was slurred. The officer had our client perform sobriety tests. After the tests, the officer arrested our client. Our client took a breath test, and the result was .188. Our client had a prior OVI conviction within the last ten years, so our client was charge with a second-offense OVI ‘impaired’, as well as OVI ‘per se’ high test.
We pled Not Guilty and investigated the case. The investigation showed there were signs of sobriety the officer did not take into account. We also concluded the prosecution could not prove our client’s breath alcohol concentration was over the ‘high test’ limit at the time of operating the vehicle. The prosecution dismissed the high test charge of OVI ‘per se’ and stipulated the remaining charge of OVI was a first offense.
DUI/OVI Amended and License Suspension Terminated. An officer stopped our client for speeding. The officer smelled the odor of alcohol coming from our client and saw that our client’s eyes looked bloodshot and glassy. The officer administered field sobriety tests and observed many ‘clues’ on the tests. The officer arrested our client, and our client refused a breath test. The officer charged our client with OVI and imposed a one-year Administrative License Suspension for refusing the breath test.
We filed two motions challenging the Administrative License Suspension. We appeared at the arraignment, got our client’s license returned, and entered a plea of Not Guilty. We reviewed the officer’s body cam video. Although there were ‘clues’ on the sobriety tests, our client performed pretty well on the tests from a common sense perspective. In addition, our client did not appear to be obviously intoxicated. The prosecution agreed to terminate the Administrative License Suspension and amended the OVI to a non-moving violation with no license suspension.