2011-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.

NOVEMBER, 2011

Theft Charge Dismissed In Plea Agreement. My client stole a few bottles of beer from a convenience store in Columbus, Ohio. Coincidentally, agents from the Ohio Department of Public Safety happened to be at that convenience store at the same time, processing paperwork for another person they had just arrested. My client was arrested and charged with Theft and Underage Alcohol Possession. My client completed a program for theft offenders and a program for underage drinkers. In court, the charge of Theft was dismissed, and my client pled guilty to the charge of Underage Alcohol Possession. He was ordered to pay a fine, but the judge did not impose any jail time or probation. As this was my client’s first offense, he will be eligible to have the records for this case sealed in one year.

First Offense Columbus O.V.I. Amended. My client was pulled over for not using his turn signal. The officer observed the odor of alcohol and glassy, bloodshot eyes. The officer had my client get out of the car for field sobriety tests. The officer reported that my client failed all three standardized field sobriety tests. The officer arrested my client and took him to a police station. There, my client took a breath test, and the result was .146. The officer charged my client with O.V.I. in the Franklin County Municipal Court. We filed a motion to suppress the field sobriety tests and another motion to suppress the breath test. The records for the breath testing machine showed that the police department did not follow one of the Ohio regulations regarding weekly instrument checks. Before the motion hearing started, the charge of Turn Signal was dismissed, and the charge of O.V.I. was amended to the no-points, non-moving violation of Physical Control.

OCTOBER, 2011

Expungement granted. My client, a college professor, was originally charged with theft (shoplifting), and the charge was reduced to Unauthorized Use of Property. My client completed the court orders, and we petitioned to have the records for the case sealed (expunged). The judge held a hearing on our expungement petition and granted the expungement, so there is now no public record that my client was convicted of, or even charged with, the offense.

Columbus O.V.I. Charge Reduced. My client was pulled over for speeding. The officer administered field sobriety tests and arrested my client for O.V.I. My client refused the breath test and was subjected to a one-year Administrative License Suspension. I obtained a copy of the video from the officer’s cruiser, and it showed an obvious communication problem between the officer and my client (who speaks English as a second language). The officer demonstrated the Walk and Turn test; walk nine steps, turn around, and walk nine steps back. Rather than turning around, my client walked the second nine steps backward (but he did it perfectly!) While this may be scored as a ‘failure’ of the test, my client’s balance and overall appearance did not prove he was under the influence, and the other field sobriety tests were administered improperly. Before we began the hearing on our motions to suppress evidence in the Franklin County Municipal Court, the O.V.I. charge was amended to a charge of Reckless Operation, and the one-year suspension was reduced to six months.

Assault Case Dismissed. My client was one of two defendants charged with assaulting the same person. The other defendant was found guilty of assault following a jury trial. My client’s jury trial had been postponed a few times, and it looked like the trial was finally going forward. After the victim’s testimony from the co-defendant’s jury trial was closely examined, the case against my client was completely dismissed.

SEPTEMBER, 2011

Twice-The-Limit O.V.I. Charge Amended. My client was charged with O.V.I., in Marysville, Ohio, and the breath test result was .161. Interestingly, my client had been pulled over by another officer minutes before, and that officer did not suspect my client was at all under the influence. Ultimately, the charge of O.V.I. was amended to a charge of Physical Control.

Charge of Underage O.V.I. Reduced. My client, a 20-year-old college student, was charged with Operating a Vehicle after Underage Alcohol Consumption (O.V.U.A.C.) in Columbus, Ohio. The video from the officer’s cruiser was favorable to my client, and the charge was reduced to Reckless Operation.

Felony Drug Possession Charge Reduced. My client was charged with felony drug possession in Columbus, Ohio. The charge was reduced to a misdemeanor offense, and if my client successfully completes probation requirements, the charge will be dismissed.

AUGUST, 2011

Diversion Program Granted In Underage Alcohol Consumption Case. My client was charged with Underage Alcohol Consumption and Falsification in Dublin, Ohio. After negotiations with the prosecuting attorney, my client was accepted into a diversion program. After my client completes an alcohol education program and community service, the charges will be completely dismissed.

Second O.V.I. Charge Amended To Non-Moving Violation. My client had previously been charge with O.V.I. in Columbus, Ohio, and we were able to get that charge reduced. On this occasion, he was charged with Speed, Left of Center, and O.V.I. in Franklin County, Ohio. We were again successful in getting the O.V.I. amended to a non-moving, no points violation.

O.V.I. Reduced, Other Charges Dismissed. My client was charged with O.V.I. in Westerville, Ohio. As he was under 21, he was also charged with Underage Alcohol Possession, as well as Failure To Control, Loud Muffler, and Speed. We challenged the justification for the traffic stop and the legality of the arrest. Ultimately, the charge of O.V.I. was reduced to a charge of Reckless Operation, and the other charges were all dismissed.

Shoplifting Charge Dismissed. My client was charged with shoplifting in Columbus, Ohio. Before his first court appearance, I referred him to a theft offender counseling program. At the first court appearance, the charge of Theft (shoplifting) was completely dismissed.

JULY, 2011

O.V.I. Charge Amended To Non-Moving Violation. My client, a marketing professional, was passed out in his car. When an officer approached and asked for his driver’s license, my client pulled out a money clip and gave the officer a $10 bill. The officer removed my client from the car and gave him field sobriety tests. The officer then charged him with O.V.I. in Columbus, Ohio and imposed a one-year Administrative License Suspension. There were a couple of issues with the case, such as a lack of vehicle operation and a questionable justification for detaining my client. As a result, the O.V.I. was amended to a Physical Control, a non-moving no points violation, and the original one-year license suspension was reduced to two months.

O.V.I. Charge Reduced To Reckless. My client, a sales professional, was pulled over for No Headlights. The officer administered field sobriety tests and arrested my client. My client took a breath test, and the result was .105. The officer charged my client with O.V.I. in Columbus (Franklin County), Ohio. Reviewing the cruiser video revealed a real question as to whether my client’s headlights were off. We made a video of my client’s car and its headlight operation and submitted it to the prosecution. We also filed a motion to dismiss the case because the officer did not have a justification for stopping my client. When we were scheduled to have a hearing on the motion to suppress, the charge of O.V.I. was reduced to a charge of Reckless Operation with no license suspension.

Second O.V.I. Charge Reduced. My client was pulled over for a Marked Lanes violation. The officer said he observed the odor of alcohol and asked my client to perform field sobriety tests. My client performed one test but declined the others. He also declined a breath test. Because he had a prior conviction for O.V.I. in Ohio, the officer imposed a two-year Administrative License Suspension and charged my client with Test Refusal With Prior Conviction (minimum of 20 days in jail). In addition, the officer charged my client with Marked Lanes and O.V.I. in Columbus, Ohio. We filed a motion to suppress the one field sobriety test because it was administered improperly, we filed a motion to suppress evidence because the arrest was not based on probable cause, and we filed a motion to terminate the Administrative License Suspension because it was imposed incorrectly. At the hearing on our motions, the case was resolved with a plea to Reckless Operation, and the Administrative License Suspension was terminated.

Underage Alcohol Consumption Case Resolved Without Conviction. My client, a college student, was arrested at a party in Delaware County, Ohio and charged with Underage Alcohol Consumption. Because he had a prior conviction on his record, he was not eligible for a diversion program. After negotiations with the prosecutor, however, the case was resolved with a bond forfeiture, so there is no conviction on his record for this case.

JUNE, 2011

Underage Alcohol Consumption And Disorderly Conduct Dismissed. My client, an O.S.U. student, was arrested on the O.S.U. campus in Columbus, Ohio for consuming alcohol under age and disorderly conduct. After he successfully completed a diversion program, both charges were completely dismissed.

MAY, 2011

Second Offense O.V.I. Amended. My client was pulled over for a broken headlight. The officer administered field sobriety tests and arrested my client, who then refused the breath test. Because my client had a prior O.V.I. conviction, he was charged with an offense for refusing the breath test (minimum 20 days in jail), in addition to the charges of O.V.I. (minimum ten days in jail) and Assured Clear Distance Ahead. He was also given an immediate two-year license suspension for refusing the test. We were able to demonstrate the prior conviction should not enhance the sentence in this case, and we had a good argument regarding the reliability of the field sobriety tests. The charge regarding refusing the breath test and the headlight violation were dismissed, and the charge of O.V.I. was amended to a charge of Physical Control. My client avoided jail and yellow license plates, and the license suspension was reduced from two years to six months.

O.V.I. (Drugs) Dismissed In Accident Case. My client was involved in a two-car accident. An officer responding to the scene gave my client field sobriety tests, arrested him, and obtained a urine sample. The officer charged my client with O.V.I. and Assured Clear Distance Ahead. The tests done on the urine sample indicated the presence of multiple prescription medications (benzodiazepines) for which my client did not have a prescription. On the day of trial, it became clear the prosecution would not be able to prove that the benzodiazepines in my client’s urine impaired his ability to drive. As a result, the O.V.I. charge was dismissed, and my client pled guilty to the charge of Assured Clear Distance Ahead.

Charge Of Reckless Operation Dismissed. My client, a student in Dublin, Ohio, was charged with Reckless Operation and Speed for allegedly driving 82 mph in a 45 mph zone. Following some research regarding the prosecution’s ability to prove the Reckless Operation charge (a four-point violation involving a license suspension), that charge was dismissed, and my client pled guilty to the charge of Speed.

High-Test O.V.I. Charge Dismissed. My client was pulled over for weaving, failed field sobriety tests, and blew a .276 on the breath test. As a result, my client was charged in the Franklin County Municipal Court with O.V.I. (high test), O.V.I. (impaired), and Marked Lanes. For the high-test O.V.I. charge, my client was facing mandatory jail time and mandatory yellow license plates. We resolved the case with a dismissal of the high test O.V.I., a dismissal of the Marked Lanes charge, and a plea to the O.V.I. (impaired) charge, so my client avoided jail time and also avoided the yellow plates.

APRIL, 2011

Client On Probation Resolves New Case Favorably. My client was on probation for an O.V.I. and was charged in a new case with Disorderly Conduct, Possessing Another’s License, and Underage Alcohol Consumption. He was facing nine months in jail on the new case, plus an additional 177 days for violating probation. The charges of Disorderly Conduct and Possessing Another’s License were dismissed, and my client pled guilty to the charge of Underage Alcohol Consumption. He was ordered to serve two weekends in jail and not found to be in violation of his probation.

Second O.V.I. Offense Reduced. My client was pulled over for speeding in Dublin, Ohio. The officer noticed an odor of alcohol and also noticed that my client had a fairly recent conviction for O.V.I. The officer administered one field sobriety test, and my client declined the remaining field sobriety tests, as well as the breath test. Unfortunately, refusing a breath test and having a prior conviction in 20 years is a separate offense and is punishable by double the minimum mandatory jail sentence as the O.V.I. In this case, that meant the O.V.I. charge carried a minimum of 10 days in jail, and the refusal charge carried a minimum of 20 days in jail. We were able to resolve the case with a plea to a first offense O.V.I., and my client was ordered to serve a couple weekends in jail. As the O.V.I. charge was treated as a first offense, my client also avoided the mandatory yellow license plates, ignition interlock, and vehicle immobilization associated with a second offense.

O.V.I. With Breath Test Amended. My client was pulled over in Hilliard, Ohio for a marked lanes violation. The officer concluded that my client failed field sobriety tests, so the officer arrested my client. My client took a breath test, and the result was .132. We obtained a cruiser video which showed the alleged marked lanes violation was very questionable, so we filed a motion to suppress evidence based on the lack of justification for the traffic stop. Rather than litigating that motion, the charge of marked lanes was dismissed, and the charge of O.V.I. was amended to a no-points non-moving violation.

MARCH, 2011

Domestic Violence And Assault Charges Dismissed. My client was accused of assaulting his wife and his cousin, and he was also charged with Obstructing Official Business and Disorderly Conduct. We obtained a surveillance video from a gas station where the events allegedly occurred, and the video was favorable to my client. The charges of Assault, Domestic Violence, and Obstructing Official Business were dismissed, and my client pled guilty to a charge of Disorderly Conduct as a minor misdemeanor.

Escape Case Resolved Favorably. My client was serving a jail sentence and was charged with Escape. The prosecutor was recommending that my client serve 180 days consecutive to the previous jail sentence. We resolved the case with my client being released to a drug rehabilitation program after about 30 days.

Charge of O.V.I. Amended. My client was stopped in Reynoldsburg, Ohio for failing to use her turn signal when changing lanes. The officer said my client failed field sobriety tests, so he arrested my client, charged her with O.V.I., and imposed a one-year license suspension for refusing the breath test. In court, the O.V.I. charge was amended to the non-moving violation Physical Control (no points), and the license suspension was reduced to 90 days.

O.V.I. Charge Reduced. My client was pulled over by a trooper after she hit a deer in Morrow County, Ohio. The trooper administered field sobriety tests and arrested her. The trooper charged her with O.V.I. and Marked Lanes and also imposed a one-year license suspension for refusing the breath test.. We filed motions to suppress the field sobriety tests and other evidence. The charge of O.V.I. was reduced to a charge of Reckless Operation with a six month license suspension.

FEBRUARY, 2011

Drug Charges Amended: My client from Hilliard, Ohio was charged with Marijuana Possession, Drug Paraphernalia Possession, and Driving Under Suspension. All of the charges required mandatory driver’s license suspensions. The charge of Marijuana Possession was dismissed, the charge of Driving under Suspension was amended to a charge of No Operator’s License, and the charge of Drug Paraphernalia Possession was amended to a charge of Disorderly Conduct. As a result, no driver’s license suspension was imposed.

Charges Of Forgery And Theft To Be Dismissed. My client was charged with Forgery and Theft resulting from a work-related incident in Franklin County, Ohio. We met with the investigating detective, and we met with a representative from the prosecutor’s office. My client was ultimately accepted into the Diversion program. When she completes the program, the case will be completely dismissed.

JANUARY, 2011

Shoplifting Case Dismissed. My client was charged with theft for shoplifting at a store in Westerville, Ohio. I referred my client to an anti-theft program, and she completed the program. In court, the case was completely dismissed.

Complex O.V.I. Reduced. My client was involved in a two-car accident in Columbus, Ohio. Unfortunately, the other driver was a police officer on his way home from work. That complicates things. According to the arresting officer, my client failed the field sobriety tests and tested over the limit. After reviewing the cruiser video, we filed motions to suppress the field sobriety tests and the breath test in the Franklin County Court. As we were prepared to begin the motion hearing, the charge of O.V.I. was reduced to a charge of Reckless Operation.