2021-Recent Case Results (January-June)

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.
JUNE, 2021

DUI/OVI Reduced With Pending Urine Test. Our client was involved in a two-car accident. Police responded to the scene and suspected our client was under the influence. They administered sobriety tests and arrested our client. Our client’s breath test result was .000, so the officers had our client submit a urine sample. The officers charged our client with OVI ‘impaired’ and Failure to Control.

We investigated the case and found the officers must have ignored our client’s walking cane when they administered the field sobriety tests. It was unknown what would be found in our client’s urine. In an unusual development, both sides agreed to resolve the case before receiving the results of the urine test. The charge of Failure to Control was dismissed, and our client pled guilty to the reduced charge of Reckless Operation.

Questionable Breath Test Leads to DUI/OVI Reduction. Our client was pulled over for a Marked Lanes violation. The officer observed signs of intoxication and arrested our client. Our client took a breath test on an Intoxilyzer 8000, and the result was .151. Our client was charged with OVI ‘impaired’, OVI ‘per se’, and Marked Lanes.

We contested the charge and the breath test in particular. We filed multiple motions regarding the admissibility of the breath test. The prosecution ultimately agreed the breath test was probably not admissible. Accordingly, the prosecution dismissed the charges of Marked Lanes and OVI ‘per se’, and the charge of OVI ‘impaired’ was reduced to a non-moving violation.

First-Offense DUI/OVI Reduced. An officer stopped our client for running a stop sign, and our client reportedly stopped partially on the roadway. The officer approached our client, smelled alcohol, and placed our client in the cruiser. Our client perform field sobriety tests and also took a breath test, with a result of .115. The officer charged our client with a first-offense OVI ‘impaired’, OVI ‘per se’, and the Stop Sign violation.

We pled not guilty and investigated the case. The investigation showed the officer was fishing for OVIs at the location of the stop sign, and our client parked partially on the roadway because there was no more room to pull over to the right. Our client did not appear to be intoxicated on the cruiser video. The case would have been a good one for trial, but the prosecution offered a plea to one no-points violation, and our client accepted the offer.

Poor DUI/OVI Investigation…Reduced Charge. Our client was stopped for a Marked Lanes violation, and the officer noticed the odor of alcohol. Our client acknowledged having three drinks and rated herself a 4 out of 10 for intoxication. The officer administered field sobriety tests and arrested our client. Our client refused a breath test. Our client was charged with OVI and Marked Lanes.

We obtained the evidence, and it showed the office did a poor job on the OVI investigation. Before having a hearing on our motion to suppress evidence, the prosecution dismissed the Marked Lanes offense and amended the OVI to a lesser offense.

MAY, 2021

Accident DUI/OVI Reduced. Our client crashed into a building and was taken to the hospital. Our client admitted having four drinks before the accident. An officer performed one field sobriety test while our client was in the hospital bed and placed our client under arrest. Our client was unable to provide a urine sample, so the officer imposed a one-year Administrative License Suspension for ‘refusing’ the test. The officer also charged our client with OVI and Failure to Control.

We contested the case. The evidence showed our client hit a patch of ice before hitting the building, and the sole field sobriety test was not administered properly. We also presented case law proving the inability to urinate is not a test ‘refusal’. Our client pled guilty to one charge of Reckless Operation, and the Administrative License Suspension was terminated.

Underage Drinking Case Dismissed. Our client was stopped on the campus of the Ohio State University while carrying a can of alcohol. The officer obtained our client’s identification and determined our client was under 21. The officer charged our client with Underage Alcohol Possession.

We had our client screeded for an underage drinking diversion program. Our client was accepted, and our client completed the diversion requirements, so the case was completely dismissed. Our client will be eligible to have the case records sealed in one year.

CDL Driver with DUI/OVI Saves License. Another motorist informed the police our client was tailgating, and both of them drove to a nearby police station. An officer talked with our client and observed glass/bloodshot eyes, slurred speech, and the odor of alcohol. The officer administered field sobriety tests, and our client refused a breath test. Our client was charged with OVI. Our client was a commercial driver with a CDL, so his commercial driver license was subject to a one-year disqualification.

When we reviewed the evidence, it seemed questionable whether the prosecutor could prove our client’s guilt. After several court appearances, the prosecutor amended the charge of OVI toa charge of Physical Control with no driver license suspension, so our client’s CDL was not disqualified.

Three DUI/OVI Cases In Two Months. Our client was charged with OVI. While that case was pending, our client was charged with a second OVI. While those two cases were pending, our client was charged with a third OVI. All three cases were resolved with reduced charges and no OVI convictions!

APRIL, 2021

DUI/OVI With Accident Resolved Favorably. Our client was involved in a one-car accident. Police officers reported to the scene and observed signs of intoxication. The officers began field sobriety testing, but our client was unable to complete all the tests. The officers arrested our client, and our client admitted to drug use. The officers charged our client with Failure to Control and OVI.

We entered a plea of Not Guilty and obtained the evidence, including the cruiser videos. The videos showed the officers acknowledging that our client may have a head injury from the accident. A head injury could have symptoms which are essentially the same as the symptoms for alcohol intoxication. The prosecution reduced the OVI to a charge of Reckless Operation. Our client pled guilty to Reckless Operation with a sentence which included a fine and no license suspension.

DUI/OVI Reduced After Sleeping at Red Light. A police officer observed our client asleep while stopped at a red light. The officer woke our client, and our client was confused. Our client admitted to drinking a few beers, so the officer performed field sobriety tests. After the tests, the officer arrested our client, and our client refused a breath test. Our client was charged with OVI and given a one-year suspension for refusing the breath test.

We contested the case. The evidence showed there was no odor of alcohol, there was no slurred speech, and there was no report of glassy/bloodshot eyes. We filed a motion to suppress evidence which argued the officer was not justified in detaining our client for field sobriety tests. Rather than litigate that motion, the prosecution amended the OVI to a non-moving violation and reduced the license suspension from one year to six months.

DUI/OVI Reduced and License Suspension Terminated. A caller reported that our client was at a gas station and may be under the influence. A police officer then stopped our client for failing to signal a turn. The officer noticed the typical signs of intoxication: odor of alcohol, slurred speech, and bloodshot/glassy eyes. The officer administered standardized field sobriety tests and arrested our client. Our client refused a breath test, so our client was subjected to a one-year Administrative License Suspension and was charged with a first-offense OVI.

We pled Not Guilty and obtained discovery. The discovery showed the caller who provided the tip was completely anonymous. It also showed that our client did not appear to be under the influence. The prosecution ultimately reduced the OVI charge to a non-moving offense, and the one-year license suspension was terminated.

Reduction in DUI/OVI Case with Speeding Charge. An officer measured our client’s speed at 72 mph in a 55 mph zone. When the officer stopped our client, the officer observed the odor of alcohol and bloodshot/glassy eyes. The officer had our client do field sobriety tests, and our client reportedly performed poorly. The officer arrested our client, and our client refused a breath test. Our client was charged with OVI and Speed.

We entered a plea of Not Guilty and investigated the case. Our investigation showed there were no signs of impaired driving, our client appeared coherent, and our client appeared coordinated. Our conclusion was there were solid defenses, and a trial would likely result in a Not Guilty verdict. However, before the case proceeded to trial, the prosecution dismissed the speeding charge and amended the OVI charge to a no-points violation.

MARCH, 2021

First-Offense DUI / OVI. A home owner reported our client was parked in the owner’s driveway. An officer responded to the scene and woke our client. Our client believed he was parked in his own driveway. It turned-out he was parked in the next-door neighbor’s driveway. The officer observed signs of alcohol intoxication and arrested our client. Our client refused a breath test and was charged with a first-offense OVI.

We contested the charge and obtained discovery from the prosecution. Our review of the discovery indicated it may be difficult for the prosecution to prove when our client consumed alcohol and whether the intoxication occurred before or after driving. When we were scheduled for a hearing on our motion to suppress evidence, the prosecution amended the OVI to a non-moving offense.

Reduction in Second-Offense DU / OVI. Our client had a prior OVI conviction from the previous year when our client stopped on the side of the freeway. A police officer initiated contact with our client and noticed our client was unsteady when standing and smelled like alcohol. The officer had our client perform standardized field sobriety tests, and our client reportedly performed poorly. The officer placed our client under arrest and took our client to a police station. There, our client refused a breath test. Our client was charged with a second-offense OVI and was facing a minimum of 20 days in jail, as well as a license suspension up to seven years and vehicle immobilization.

We entered a plea of Not Guilty and investigated the case. Our investigation revealed the prosecution would have difficulty proving our client was under the influence of alcohol at the time our client operated the vehicle. Rather than litigating the case, the prosecution amended the second-offense OVI to a first-offense OVI with no jail term and a one-year license suspension.

Marijuana DUI / OVI Reduced. Our client was stopped for a Marked Lanes violation. The officer observed the odor of burnt marijuana, and our client admitted recently smoking marijuana. The officer administered field sobriety tests and arrested our client. The officer found marijuana in our client’s vehicle, and our client submitted to a urine test. Our client was charged with Marked Lanes, Marijuana Possession, and marijuana-based OVI.

We contested the case and obtained the evidence. The evidence showed our client did not exhibit the usual signs of marijuana intoxication and performed reasonably well on field sobriety tests. Before the case reached the trial stage, the prosecution dismissed the charges of Marked Lanes and Marijuana Possession and amended the charge of OVI to a no-points violation.

Case Dismissed-Underage Alcohol Possession and False Identification. As our client was carrying a case of beer to a campus party, our client was stopped by undercover agents. One of the agents asked our client his age, and our client said he was 19. The agent arrested our client and confiscated a fake identification. The agent charged our client with Underage Alcohol Possession and False Identification.

We appeared in court on our client’s behalf and negotiated with the prosecution. We reached an agreement for our client to complete Diversion. Our client completed and underage drinking program and community service. We returned to court, and the entire case was dismissed. Our client will be eligible to have the case records sealed in one year.

FEBRUARY, 2021

Questionable Stop Leads to Reduction of First-Offense DUI/OVI. Another driver reported our client as a reckless driver. An officer stopped our client and observed the odor of alcohol, glassy/bloodshot eyes, and slurred speech. The officer administered one field sobriety test, and our client declined further testing. The officer arrested our client, and our client refused a breath test. Our client was charged with a first-offense OVI.

We contested the case and obtained discovery. The discovery showed the other driver was unidentified, and the officer did not observe any reckless driving or traffic violations. We filed a motion to suppress evidence based on the justification for the traffic stop. Before litigating that motion, the prosecution amended the OVI to a no-points violation.

Juvenile OVI Dismissed. Our juvenile client was involved in a one-car accident. A police officer noticed that our client appeared to be under the influence, and our client admitted to smoking marijuana. The officer administered field sobriety tests, followed our client to the hospital, and had our client submit a urine sample for testing. Our client was charged with Failure to Control and OVI in the juvenile court.

We entered a Denial of the charges (the equivalent of a Not Guilty plea) and investigated the case. There were issues regarding the admissibility of the urine test. Without the urine test, the prosecution’s case was questionable. The prosecution dismissed the charge of Failure to Control and amended the charge of OVI to a charge of Reckless Operation. The case was ‘held open’ for 90 days and will be dismissed.

Operation Issue Results in Reduction of OVI. A caller reported that our client was in a damaged vehicle, and there was a person on the ground outside the vehicle. The caller followed our client to our client’s residence, and the police arrived. The officers noticed signs of intoxication and arrested our client. Our client refused a breath test and was charged with OVI. Due to the refusal, our client was subjected to a one-year Administrative License Suspension.

We entered a plea of Not Guilty and obtained discovery. On the cruiser video, our client appeared to be intoxicated. However, there was clearly a defense regarding whether our client operated the vehicle. The prosecution recognized the validity of the defense. The charge of OVI was amended to a non-moving violation, and the license suspension was reduced from one year to six months.

Favorable Outcome in Stalking/Harassment Case. The victims received several harassing phone calls, texts, and unwanted gifts. The police department received a 911 call which was determined to be a false alarm. Our client was identified as the person who made the call. Records traced the IP address and debit card for the unwanted gifts to our client. Our client was charged with two counts of Menacing by Stalking, two counts of Telecommunications Harassment, and one count of Making False Alarms.

We investigated the case thoroughly and prepared legal arguments regarding the admissibility of the IP address evidence and debit card evidence. Before the trial, we reached an agreement with the prosecution. The prosecution dismissed wo charges of Menacing by Stalking and one charge of Telecommunications Harassment. The prosecutor amended the other charge of Telecommunications Harassment to a charge of Disorderly Conduct and also amended the charge of Making False Alarms to a charge of Criminal Mischief.

JANUARY, 2021

Client Given Rehab Program On Third OVI. A driver reported that our client was driving the wrong way and ran off the road multiple times. An officer caught-up to our client at his residence. The officer saw that our client was obviously intoxicated and charged our client with OVI. Our client took a breath test, and the result was .343. Our client was charged with OVI ‘impaired’ and OVI ‘per se’ (high test). Our client had two prior OVI convictions within ten years, so the OVI was a third offense. That meant he was facing at least 60 days in jail, a license suspension up to 12 years, and vehicle forfeiture.

We pled Not Guilty, worked on a defense, and researched the possibility of a rehabilitation program. Our client screened for the program and followed recommendations for counseling. Our client was accepted into the program and agreed to complete it. In exchange, the prosecution dismissed one charge of OVI and stipulated the other charge of OVI was a first-offense. Our client avoided jail time, avoided vehicle forfeiture, and received only a one-year license suspension. We are convinced our client will thrive in the rehabilitation program.

Second-Offense OVI Reduced. Our client was involved in a two-car accident, left the scene, and drove home. Officers traced a pavement scuff to our client’s residence. The officer observed signs of intoxication, performed sobriety tests, and arrested our client. Our client’s breath test result was .169. Our client had one prior OVI conviction within ten years, as well as three other OVI convictions older than ten years. Our client was charged with a second-offense OVI ‘impaired’ and second-offense OVI ‘per se’, as well as Hit-Skip and Failure to Control.

We entered a plea of Not Guilty and investigated the case. The investigation showed the officer improperly administered the Horizontal Gaze Nystagmus test, and our client performed well on the other field sobriety tests. While we were investigating the case, our client paid restitution to the owner of the other car involved in the accident. Our client also completed a substance abuse assessment and began counseling. In court, the prosecution ultimately dismissed the Hit-Skip, the Failure to Control, and one OVI. The prosecution also stipulated the remaining charge of OVI was a first offense, and our client pled guilty to the first-offense OVI.

First-Offense OVI Amended To Non-Moving Offense. A motorist reported to the police that our client was following her. An officer stopped our client and noticed the odor of alcohol. The officer also reportedly observed our client had glassy/bloodshot eyes and slurred speech. The officer administered Standardized Field Sobriety Tests and arrested our client. Our client took a breath test, and the results was .084. The officer charged our client with OVI ‘impaired’ and OVI ‘per se’.

We contested the charge and obtained discovery from the prosecution. The discovery showed there was a significant question about whether the traffic stop was permitted. There was also a significant question about whether the prosecution could prove the breath test was over .080. When we appeared in court to litigate a motion to suppress evidence, the prosecution dismissed one charge of OVI and amended the other charge of OVI to a non-moving offense.

Speeding Ticket Dismissed. Our client was charged with a Speeding offense in the Franklin County Municipal Court (Columbus, Ohio). It was our client’s second speeding ticket within one year, so the penalties could be increased. We entered a plea of Not Guilty and scheduled the case for a trial. On the day of the trial, the prosecution completely dismissed the case.