2010-Recent Case Results

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.

WEEK OF DECEMBER 20, 2010

Case Involving O.V.I. And Obstructing Resolved Favorably. My client was pulled over for driving without headlights on the street of his residence. As he walked to his house, an officer told him to stop and ended up tackling him. No field sobriety tests were done, and my client refused a breath test. However, he had a previous O.V.I. conviction. He was charged with Obstructing Official Business, O.V.I., Breath Test Refusal With Prior Conviction, and No Headlights. The prosecutor dismissed the charges of Obstructing Official Business, Breath Test Refusal With Prior Conviction, and No Headlights. The charge of O.V.I. was amended to a charge of Reckless Operation, and my client pled guilty to that amended charge.

WEEK OF DECEMBER 13, 2010

O.V.I. Retrial Resolved With Favorable Plea Agreement. In the week of November 15, 2010, I had a jury trial for my client’s second O.V.I. The evidence showed my client was involved in a one-car accident, there were beer cans in the car (both full and empty), my client smelled of alcohol, and my client was incoherent and belligerent. We tried the case to a jury, and the jury was deadlocked after about six hours of deliberation. When it was time to retry the case, the prosecutor chose not to try the case again and instead amended the charge of OVI to a charge of Physical Control (non-moving, no points).

WEEK OF DECEMBER 6, 2010

Hit-Skip Charge Dismissed: Another driver reported that my client’s car grazed her car, and my client did not stop. An officer charged my client with Marked Lanes and Hit-Skip. The Hit-Skip charge carries a mandatory license suspension and possible jail time. We received photographs of the other driver’s car confirming there was white paint from my client’s car on the other driver’s black car. However, the prosecutor would have difficulty proving that my client had knowledge of the “accident”. Accordingly, the prosecutor dismissed the charge of Hit-Skip, and my client paid a fine for the charge of Marked Lanes.

WEEK OF NOVEMBER 22, 2010

Domestic Violence Case Dismissed. My client and his wife got into an argument, and he pushed her. She fell and scraped her elbow. After she called the police, my client was charged with Domestic Violence, Assault, and Disorderly Conduct. Following negotiations with the prosecuting attorney, all charges were dismissed.

WEEK OF NOVEMBER 15, 2010

O.V.I. Trial Ends In Hung Jury. My client was involved in a one-car accident. Officers and medics came to the scene, and my client was charged with his second O.V.I. We tried the case to a jury, and the jury was deadlocked after about six hours of deliberation. The prosecutor will now decide whether to have another trial or make a better offer for a plea bargain.

WEEK OF NOVEMBER 8, 2010

Second O.V.I. Charge Reduced. My client was pulled over for failing to use his turn signal in Reynoldsburg, Ohio. He reportedly failed field sobriety tests, was arrested, and blew a .157 on the breath test. This was his second offense within six years. After we demonstrated there was a Constitutional issue with the first offense, the second offense was stipulated to be a first offense with no jail time. My client avoided the minimum ten-day jail sentence, mandatory yellow license plates and ignition interlock device associated with a second offense.

WEEK OF NOVEMBER 1, 2010

Resisting Arrest Case Resolved Favorably. My client and his wife were given tickets for a dog leash violation. Because the court could not find the filed tickets, they were not able to pay the tickets. Deputies came to their home to arrest them (yes, to arrest them on minor misdemeanor leash tickets!). When they tried to explain to the deputies the mix-up with the ticket filing, the deputies barged through the door. The deputies alleged that my client tried to shut the door as the deputies entered, and the deputies alleged that my client resisted arrest. He was charged with Obstructing Official Business and Resisting Arrest. The day before the trial was to begin, the Resisting Arrest and Obstructing charges were dismissed, and he pled no contest to the leash violation and a minor misdemeanor Disorderly Conduct charge.

WEEK OF OCTOBER 25, 2010

First O.V.I. Offense Reduced. My client was charged with O.V.I. and Marked Lanes. The case began in the Westerville Mayor’s Court, but we transferred it to the Franklin County Municipal Court. Ultimately, the charge of Marked Lanes was dismissed, and the charge of O.V.I. was reduced to a charge of Reckless Operation. My client had been subjected to a one-year Administrative License Suspension, but the suspension was changed to six months as part of the plea agreement.

WEEK OF OCTOBER 18, 2010

Driving Under Suspension Case Dismissed. My client’s license was under suspension for a previous O.V.I. charge that had been reduced to Physical Control. A police officer did a random check of his license plate, which showed my client was under suspension. The officer stopped my client and issued a ticket for Driving Under Suspension. Following multiple court appearances in Franklin County, the charge of Driving Under Suspension was dismissed in exchange for payment of court costs.

WEEK OF OCTOBER 4, 2010

Administrative License Suspension Terminated. My client was taken to the hospital after a one-car accident. While he was in the hospital, a police officer requested that he submit to a blood test. Because he refused the test, the officer imposed a one-year Administrative License Suspension (A.L.S.). We filed a motion to terminate the A.L.S. At the hearing on our motion, the judge concluded that an A.L.S. requires an arrest, and my client was not arrested. Consequently, the A.L.S. was terminated, and my client got his license back that day.

WEEK OF SEPTEMBER 27, 2010

Second O.V.I. Offense Reduced. My client was charged with O.V.I., his second in the last six years, and Refusing Breath Test With Prior Conviction. The O.V.I. charge carried a minimum mandatory sentence of ten days in jail, a one-year license suspension, and yellow license plates. The Refusal charge carried a minimum mandatory sentence of 20 days in jail. We resolved the case with the Refusal Charge being dismissed and the O.V.I. charge being stipulated as a first offense, so my client avoided jail completely and avoided the yellow license plates.

WEEK OF SEPTEMBER 20, 2010

High-Test O.V.I. Amended My client was pulled over for a Marked Lanes violation. He did reasonably well on the field sobriety tests, but his breath test result was .196. He was charged with O.V.I. (high-test), O.V.I. (impaired), and Marked Lanes. The charges of O.V.I. (high test) and Marked Lanes were dismissed, and the charge of O.V.I. (impaired) was amended to the non-moving violation Physical Control.

WEEK OF SEPTEMBER 13, 2010

Police Officer’s O.V.I. Charge Reduced. My client, a police officer, was pulled over for Speeding and ultimately arrested for O.V.I. He tested a .118 on a breath-testing machine, so he was charged with O.V.I. (breath), O.V.I. (impaired), and Speed. Before we began the hearing on our motions to suppress evidence, we reached a plea agreement. The charges of Speed and O.V.I. (impaired) were dismissed, and the charge of O.V.I. (breath) was reduced to a charge of Reckless Operation with no license suspension.

WEEK OF SEPTEMBER 6, 2010

O.V.I. Reduced And License Suspension Terminated. My client was pulled over for speeding, failed field sobriety tests, and refused the breath test. As a result of the breath test refusal, he was subjected to a one-year Administrative License Suspension. We resolved the case with a reduction to a Reckless Operation, and the one-year license suspension was terminated as part of the agreement.

WEEK OF AUGUST 30, 2010

High Test O.V.I. Dismissed. My client was involved in a one-car accident in Hilliard, Ohio. Strangely, he was arrested and then given field sobriety tests, which he performed poorly. He took the breath test, and the result was .207, so he was charged with O.V.I. (high test), O.V.I. (impaired), and Failure To Control. The strange sequence of arrest and field sobriety tests gave us an argument about the admissibility of the breath test. Ultimately, the charges of O.V.I. (high test) and Failure To Control were dismissed. He did, however, plead guilty to the charge of O.V.I. (impaired), but avoided the mandatory jail sentence and mandatory yellow license plates associated with the high-test O.V.I.

WEEK OF AUGUST 23, 2010

Second O.V.I. Offense Reduced. My client was stopped for speeding, and he had a prior conviction for O.V.I. The officer administered field sobriety tests and arrested my client, and my client refused the breath test. The officer charged him with Speed, O.V.I., and Refusing Breath Test With Prior Conviction (which carries double the jail sentence of the O.V.I.). The videos from the cruiser and the police station were favorable to my client. The charges of Refusing Breath Test With Prior Conviction and Speed were dismissed, and the charge of O.V.I. was reduced to a Reckless Operation.

WEEK OF AUGUST 16, 2010

O.V.I. Involving Intoxilyzer 8000 Reduced. My client was stopped for speeding (based on visual estimation of the speed), and the officer noticed the odor of alcohol, so the officer administered field sobriety tests. The officer arrested my client, my client took two breath tests on the Intoxilyzer 8000, and the results were .203 and .235. The test results were invalid, because the results are required to be within .02 of each other. Nevertheless, the officer charged my client with two counts of O.V.I. and one count of Speed. After a hearing on our motion to suppress the breath test, breath test was thrown out (as was one of the field sobriety tests). Ultimately, the charge of Speed was dismissed, one charge of O.V.I. was dismissed, and the other charge of O.V.I. was reduced to a charge of Reckless Operation.

WEEK OF AUGUST 9, 2010

Shoplifting Charge Dismissed. My client was charged with shoplifting at a local department store. After my client completed a theft offender diversion program, the case was completely dismissed.

WEEK OF AUGUST 2, 2010

O.V.I. With Accident Reduced. My client was in an accident, and her blood test at the hospital showed a blood alcohol concentration of .219. She was charged with O.V.I. (high test), O.V.I. (impaired), and Failure To Control. As we were prepared to litigate a motion to suppress the results of the blood test, the charges of O.V.I. (high test) and Failure To Control were dismissed, and the charge of O.V.I. (impaired) was amended to a charge of Reckless Operation.

WEEK OF JULY 26, 2010

Domestic Violence Trial Ends In Reduced Charge. My client was charged with Domestic Violence and Assault for the second time. We could not reach a plea agreement with the prosecutor, so the case went to trial. As the trial was in progress, the prosecutor acknowledged the problems of proving the allegations, so the charge of Domestic Violence was dismissed, and the charge of Assault was reduced to a charge of Criminal Mischief that carried a sentence of non-reporting probation and a fine.

WEEK OF JULY 19, 2010

O.V.I. Charge Amended. My client pulled out of a parking lot and cut-off a trooper; not a good start to their interaction. After observing the lack of seatbelt and the odor of alcohol, the trooper administered field sobriety tests, which my client reportedly failed. My client refused the breath test, so his license was suspended for on year. We filed a motion to suppress the field sobriety tests, and we were about to begin a hearing on that motion when we reached a plea agreement. The charges of Failure To Yield at Stop Sign and Seat Belt were dismissed, the charge of O.V.I. (D.U.I.) was amended to a charge of Physical Control, and the license suspension was reduced from one year to 90 days.

WEEK OF JULY 5, 2010

Blood Test O.V.I. Reduced. My client was pulled over for speeding, submitted to field sobriety tests, and submitted to a blood test. The blood test came back with a result of .233. My client was charged with O.V.I. and Speed. We filed a motion to suppress the results of the blood test, and the prosecution could not prove that the blood was tested in compliance with Ohio regulations. The charge of Speed was dismissed, and the charge of O.V.I. was reduced to a charge of Reckless Operation.

WEEK OF JUNE 28, 2010

Pharmacist’s Felony Charge Reduced To Misdemeanor. My client was charged with Deception To Obtain Dangerous Drugs. We demonstrated that the “dangerous drug” obtained was not a controlled substance and was not used by my client. The felony charge was reduced to a misdemeanor, mitigating the impact on my client’s professional license.

WEEK OF JUNE 14, 2010

O.V.I. Charge Amended. My client was charged with O.V.I. (impaired) and O.V.I. (breath), as well as Marked Lanes in Dublin, Ohio. Following several court appearances and three motions to suppress evidence, the charge of Marked Lanes and one charge of O.V.I. were dismissed. The other charge of O.V.I. was amended to a non-moving violation.

WEEK OF JUNE 7, 2010

Second O.V.I. Charge Reduced. My client had a prior O.V.I. conviction from three years ago. In this new case, he was charged with a second O.V.I., Breath Test Refusal With Prior Conviction, and Speed. The charges of Speed and Breath Test Refusal With Prior Conviction were dismissed, and the charge of O.V.I. was stipulated to be a first offense, so my client avoided jail, yellow license plates, and the ignition interlock device.

WEEK OF MAY 31, 2010

Weapons Charge Resolved Without Conviction. My client, while waiting for his enlistment in the military, was charged with Carrying Concealed Weapons. The prosecutor agreed not to pursue the case if my client agreed to forfeit bond in the amount of $250, so the case was closed with no conviction on his record and no impact on his military enlistment.

WEEK OF MAY 24, 2010

Registration Charge Dismissed. My client was pulled over and given a ticket for failing to renew his registration. The Ohio legislature has classified this as a fourth degree misdemeanor, meaning it’s punishable by up to 30 days in jail, and the ticket cannot simply be mailed in with payment. My client did not appear in court, so there was a warrant for his arrest. We got the warrant lifted, and after demonstrating that he did renew his registration, the case was dismissed in exchange for payment of court costs.

WEEK OF MAY 10, 2010

Domestic Violence Case Dismissed. My client and his live-in girlfriend got in an argument after a night of drinking. The girlfriend called the police and claimed he hit her in the face repeatedly, and he was charged with Domestic Violence. We entered a plea of not guilty and demanded a jury trial. The case was ultimately dismissed for lack of evidence.

WEEK OF MAY 3, 2010

Shoplifting Case Dismissed. My client was charged with theft for a shoplifting incident in Franklin County. My client completed a theft offender diversion program, and the case was completely dismissed.

WEEK OF APRIL 26, 2010

CDL Holder’s O.V.I. Charge Amended. My client, a truck driver and holder of a commercial driver’s license (CDL), was pulled over for going left of center. A urine alcohol test was completed, and my client was charged with two O.V.I. offenses in Delaware, Ohio. We filed a motion to suppress the results of the urine test, and the prosecution was unable to demonstrate that the urine test complied with Ohio regulations. The charge of Left Of Center was dismissed, as was one charge of O.V.I. The other charge of O.V.I. was amended to a charge of Physical Control. As the charge of Physical Control does not carry the mandatory CDL disqualification associated with an O.V.I. conviction, my client was able to keep his CDL.

WEEK OF APRIL 19, 2010

Underage Client’s O.V.I. Charge Amended. My client, under 21, was found sleeping in her vehicle in Delaware County. She reportedly failed field sobriety tests, and her breath test result was .159. Documentation for the breath test, however, indicated an error with the test. The officer nevertheless charged her with two O.V.I. charges, Underage Alcohol Consumption, and Parking On Highway. Ultimately, the charges of Underage Alcohol Consumption and Parking On Highway were dismissed. One charge of O.V.I. was dismissed, and the other charge of O.V.I. was amended to a no-points offense.

WEEK OF APRIL 12, 2010

O.V.I. Amended To Reckless Operation. My client, an I. T. security manager, was found sleeping in his vehicle. After reportedly failing field sobriety tests, he was charged with O.V.I. After numerous court appearances, the charge was amended to a charge of Reckless Operation with a 90-day license suspension.

WEEK OF APRIL 5, 2010

O.V.I. Case Dismissed. My client was pulled over for an alleged Marked Lanes violation. The officer administered filed sobriety tests and a breath test, the result of which was over .08. We filed a motion to suppress all evidence obtained after the traffic stop. Following a hearing on that motion, the judge agreed there was no justification for the traffic stop, so all the evidence was suppressed, and the case was completely dismissed.

WEEK OF MARCH 22, 2010

Jail Avoided In Driving Under Suspension Case. My client was charged with driving under a 12-point suspension and Assured Clear Distance Ahead (ACDA) in the Franklin County Municipal Court. A conviction for this offense carries a mandatory jail sentence (yes, for driving under suspension). The charge of ACDA was dismissed, and the charge of Driving Under Suspension was amended to a different charge, so there was no jail sentence and no license suspension.

WEEK OF MARCH 15, 2010

Second Offense O.V.I. Amended. My client had a prior conviction for drunk driving (Ohio O.V.I.), so when she was charged with O.V.I. this time, she was facing a minimum of ten days in jail and mandatory yellow license plates. Ultimately, the charge of O.V.I. was stipulated to be a first offense, and she received first offense penalties: no jail time and no yellow license plates.

WEEK OF MARCH 8, 2010

O.V.I. Charge Reduced. My client was pulled over for having a headlight out in Westerville, Ohio. After he allegedly failed field sobriety tests and the breath test, my client was charged with O.V.I. (per se), O.V.I. (impaired) and a Headlights violation. As we were prepared to have a hearing on our motion to suppress evidence, the charges of O.V.I. (per se) and Headlights were dismissed, and the charge of O.V.I. (impaired) was reduced to a charge of Reckless Operation.

WEEK OF MARCH 1, 2010

Not Guilty Verdict In Sex Case. My client was accused of having sexual contact with his step-daughter and was charged with one count of Gross Sexual Imposition and two counts of Attempted Gross Sexual Imposition. Following an emotional trial, the jury found my client Not Guilty of all charges.

WEEK OF FEBRUARY 22, 2010

O.V.I. Charge Amended Following Appeal. My client was charged with O.V.I. (per se) and O.V.I. (impaired), as well as Marked Lanes and Speed. We filed a motion to suppress evidence and a separate motion to suppress the breath test. The judge granted our motion to suppress the breath test, but the prosecuting attorney appealed the judge’s decision to the court of appeals. The court of appeals ruled in favor of the prosecution, so the case was scheduled for a hearing on our other motion to suppress evidence. At that hearing, the prosecutor ultimately dismissed the charges of O.V.I. (per se), Speed, and Marked Lanes. The prosecutor also amended the charge of O.V.I. (impaired) to a charge of Physical Control.

WEEK OF FEBRUARY 15, 2010

College Student’s Alcohol Charge Reduced. My client was a student at O.S.U. and was charged with Underage Alcohol Possession. The case was complicated by two factors: (1) my client was on probation for a previous conviction of Underage Alcohol Possession; and (2) the alleged offense took place on the day of an O.S.U. football game, and the prosecutor’s office is not inclined to plea bargain on those cases. Just before a trial was to begin, the prosecutor amended the charge of Underage Alcohol Possession to a minor misdemeanor charge of Open Container. My client pled guilty to that amended charge, and the judge agreed to continue probation with no additional sanctions.

WEEK OF FEBRUARY 8, 2010

All Charges Dismissed In O.V.I. Case. My client was pulled over for running a red light. She took field sobriety tests and a breath test with a result of .153. The officer imposed an Administrative License Suspension and charged my client with the red light violation and two counts of O.V.I. We filed a motion to suppress the evidence, arguing that the stop was not justified and the arrest was not justified. The judge held a hearing on our motion to suppress evidence. After the arresting officer testified, all charges were dismissed and the Administrative License Suspension was terminated.

WEEK OF FEBRUARY 1, 2010

Hit-Skip Charge Dismissed. My client from New Albany was charged with Hit-Skip after a two-car accident. We proved that my client called the police soon after the accident, and the charge of Hit-Skip was completely dismissed.

WEEK OF JANUARY 25, 2010

High-Test O.V.I. Charge From Accident Dismissed. My client was allegedly involved in a one-car accident, and the breath test result was in the high-test range. As a result, he was charged with Failure To Control, O.V.I. (high-test), and O.V.I. (impaired). Due to difficulties in proving the allegations, the charges of Failure To Control and O.V.I. (high-test) were dismissed, and the remaining charge of O.V.I. was amended to a no-points, non-moving violation.

WEEK OF JANUARY 11, 2010

College Student’s Drug Charges To Be Dismissed. My client, a college student, was charged with Marijuana Possession and Drug Paraphernalia Possession. We requested that my client be permitted to complete a diversion program. After my client completes the program, the charges will be dismissed entirely.

WEEK OF JANUARY 4, 2010

Domestic Violence Charge Amended. My client was charged with Domestic Violence in the Franklin County Municipal Court. While the case was pending, my client underwent anger management counseling, and the charge of Domestic Violence was amended to a charge of Criminal Mischief, so there is not a conviction on his record for a violent crime.