2018-Recent Case Results (July-December)

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.

DECEMBER, 2018

Third DUI / OVI In Ten Years Reduced. Our client had two prior convictions for OVI in the last ten years. He left a bar late at night without having his head lights on. An officer stopped him and observed slurred speech, glassy/bloodshot eyes, and the odor of alcohol. The officer performed field sobriety tests and a portable breath test, and the results were rather unfavorable for our client. The officer arrested our client, and he refused a breath test. The charged our client with a third-offense OVI and ‘Test Refusal With Prior Conviction’. Our client was facing at least 60 days in jail, vehicle forfeiture, and a license suspension up to 12 years.

We pled Not Guilty and investigated the case. The evidence showed most of the officer’s allegations were true. However, our client’s driving was good, there were no problems with the stopping sequence, and the officer had our client drive his car to a parking lot after reportedly observing evidence of intoxication. While the case was pending, our client worked diligently to mitigate the sentence. Ultimately, the prosecutor dismissed the charge of ‘Test Refusal With Prior Conviction’ and stipulated the OVI was a second offense. Our client served ten days in a private jail, his vehicle was not forfeited, and the license suspension was one year.

Unusual DUI / OVI Charge Amended. Our client was involved in a minor accident with a semi truck. An officer came to the scene and investigated the accident. The officer also investigated our client for OVI. The officer reportedly observed signs our client was under the influence of drugs, and our client had a marijuana card from another state. The officer arrested our client, and our client refused a urine test. The officer charged our client with OVI and imposed a one-year license suspension for refusing the urine test.

We contested the case. The evidence showed it was our client who called the police regarding the accident and continued to follow the truck driver until the officer showed-up. We reasoned that our client would not call the police if he were under the influence of drugs. The evidence indicated there was, in fact, doubt about whether our client was under the influence. The prosecutor amended the OVI to the non-moving violation of Physical Control and agreed to reduce the one-year license suspension to six months.

DUI / OVI Amended, License Suspension Terminated. An officer observed our client leaving a bar and driving over a marked lane. The officer made a traffic stop and observed the odor of alcohol. The officer administered field sobriety tests and arrested our client. Our client refused a breath test and was subjected to a one-year Administrative License Suspension. The officer also charged our client with OVI and Marked Lanes.

We pled not guilty and obtained discovery from the prosecution. The discovery materials showed our client’s driving was good, and our client performed well on the field sobriety tests, including a perfect execution of the One Leg Stand test. The video showed our client did not appear to be intoxicated, overall. The prosecution dismissed the charge of Marked Lanes, amended the charge of OVI to a no-points offense, and agreed to terminate the one-year Administrative License Suspension.

NOVEMBER, 2018

Third DUI / OVI With Bad Facts Reduced. Our client had two prior OVI convictions in the previous ten years and was driving with no license or insurance when he was pulled over for multiple marked lanes violations. The officer observed many indications of intoxication, and our client admitted he drank several beers. The officer reported that our client was too intoxicated to understand the instructions for field sobriety tests. The officer arrested our client, and our client refused a breath test. Our client was charged with a third OVI and ‘Test Refusal With Prior Conviction’, so he was facing a minimum of 60 days in jail, vehicle forfeiture, and a license suspension of 2 to 12 years.

We investigated the case, and most of the officer’s reported observations were verified. However, the reported ‘refusal’ seemed illegitimate because our client attempted one breath test, and the machine reported an ‘invalid sample’. After negotiating with the prosecutor, our client pled guilty to a stipulated second OVI, served ten days in a private jail, and received a two-year license suspension and no vehicle forfeiture. Although we were not able to completely avoid an OVI conviction, this case demonstrates the outcome of a case with bad facts can be improved.

OVI Dismissed In Bizarre Case Involving Train Crash. Our client got his car stuck on train tracks which were under repair, and the car was hit by a train. Our client left the scene, then was picked up a deputy and taken to the scene. An officer noticed the odor of alcohol coming from our client and also noticed our client had glassy/bloodshot eyes. The officer administered field sobriety tests and arrested our client. The officer reported that our client refused a breath test. The officer charged our client with OVI, Hit-Skip, Driving on a Closed Roadway, and Traffic Control Device.

We entered a plea of Not Guilty and obtained evidence. The evidence showed that our client did not appear to be under the influence and performed reasonably well on the field sobriety tests. The evidence also showed that our client did not, in fact, refuse the breath test, and the time for giving the breath test had actually elapsed. On the day we were scheduled to have a hearing on our motions to suppress evidence, the prosecution dismissed the charges of OVI, Driving on a Closed Roadway, and Traffic Control Device. Our client pled guilty to the charge of Hit-Skip.

OCTOBER, 2018

Second DUI / OVI With Test Refusal Charge Reduced. Our client had a prior conviction for OVI in the last ten years. In this case, our client was stopped for driving without headlights. The officer noticed the odor of alcohol, administered field sobriety tests, and arrested our client. Our client refused a breath test. Based on the prior conviction, our client was charged with ‘Test Refusal With Prior Conviction’, OVI, and a headlight violation. Our client was facing a minimum of 20 days in jail.

We contested the case and investigated the evidence. The evidence showed our client ‘passed’ one of the field sobriety tests, and the other two field sobriety tests may have been administered incorrectly. While the case was pending, our client engaged in activities to mitigate the sentence. The prosecution dismissed the charge of ‘Test Refusla With Prior Conviction’, dismissed the headlight charge, and stipulated the OVI charge was a first offense within ten years. Our client pled guilty to the stipulated first offense and served no jail time.

High-Test DUI / OVI Reduced In Accident Case. Our client was involved in an accident which resulted in our client’s car flipping. An officer responded to the scene and noticed the strong odor of alcohol coming from our client’s breath. The officer administered field sobriety tests, and our client reportedly performed poorly on the test. Our client took a breath test, and the result was .212. As the result was over .169, our client was facing a minimum of six days in jail, mandatory yellow license plates, and a mandatory ignition interlock device.

We pled not guilty and reviewed the evidence. The records from the breath-testing machine showed the machine produced an ‘invalid sample’ evidence ticket three minutes before producing our client’s breath test evidence ticket showing a result of .212. This raised the question of whether there was mouth alcohol being added to the deep-lung alcohol which the machine is supposed to measure. Ultimately, the prosecution dismissed the charge of high-test OVI, and our client pled guilty to OVI. Our client served three days in a driver intervention program and avoided the yellow license plates and ignition interlock device.

Second DU / OVI Reduction For Client. I previously represented this client, and his OVI in that case was reduced to a lesser charge. In the new case, our client was stopped for driving 62 mph in a 35 mph zone. The officer reported that our client had difficulty with his documents, his eyes were glassy and bloodshot, his speech was slurred, and he smelled like alcohol. Our client reportedly refused field sobriety tests, the officer arrested our client, and our client refused a breath test. Our client was charged with OVI and Speed.

We contested the case and obtained the evidence. The cruiser video showed our client did not immediately refuse the field sobriety test but did challenge the officer about the officer’s justification to administer the tests. The prosecution could likely convince a judge the arrest was justified, but proving our client’s guilty beyond a reasonable doubt would have been more difficult. We found a middle ground with the prosecution. Our client pled guilty to the charge of Reckless Operation, but the one-year license suspension for refusing the breath test remained in place, with driving privileges.

SEPTEMBER, 2018

Good Result For DUI / OVI With Accident. Our client lost control of his car and hit a tree. Medics and police came to the scene. The officer noticed the odor of alcohol, and our client seemed unsteady on his feet. When asked, our client acknowledged he had a few drinks. Of course, he also just rammed into a tree. The officer administered field sobriety tests and arrested our client. Our client refused a breath test. He was charged with Failure To Control and OVI ‘impaired’.

We entered a Not Guilty plea and investigated the case. We learned that, despite hitting a tree and totaling his car, our client was not evaluated by the medics. He went for medical care on his own after the incident, and the medical records showed injuries to his head and neck from the accident. It may be difficult for the prosecution to prove the lack of balance was due to alcohol and not injuries. Accordingly, the prosecution dismissed the charge of Failure To Control and amended the charge of OVI to the non-moving offense of Physical Control and agreed to terminate the one-year Administrative License Suspension for refusing the breath test.

DUI / OVI With Breath Test Reduced. A police officer pulled over our client for a Marked Lanes violation. The officer observed the odor of alcohol and bloodshot-glassy eyes. The officer administered standardized field sobriety tests and observed multiple ‘clues’ on the test. The officer arrested our client and took him to a police station. Our client took a breath test, and the result was .093.

Although our client was over the limit, there were defenses to the charge. It was questionable whether it was legal for the officer to detain our client for field sobriety tests based on the evidence the officer observed. In addition, the breath test was subject to challenges based on the margin of error, biological variability, and time of operation. Rather than litigate those issues, the prosecutor reduced the charge to a minor misdemeanor Reckless Operation.

Hit-Skip Charge Reduced. Our client bumped into another car in a parking lot and may have caused minor damage to the bumper of the other car. The collision was reported to the police, the police contacted our client, and our client contacted us. Our client was issued a ticket for Leaving The Scene Of An Accident. After obtaining the discovery materials and negotiating with the prosecutor, the charge was amended to a lesser offense with no license suspension, no jail, and no probation.
AUGUST, 2018
Corrections Officer’s DUI/OVI Charge Reduced. Our client worked as a corrections officer, so an OVI conviction could certainly adversely affect his career. He was stopped for speeding, and the officer made observations which officers consider common signs of alcohol impairment: odor of alcohol, glassy/bloodshot eyes, and slurred speech. The field sobriety tests produced mixed results, and the breath test result was .103. Our client was charged with OVI ‘per se’ and OVI ‘impaired’, as well as the speeding violation.

When we reviewed the evidence, it was clear the prosecutor’s case was weak the OVI ‘impaired’ charge. Our client did not appear to be intoxicated on the cruiser video. For the OVI ‘per se’ charge, the prosecution had two possible problems. First, the video of our client taking the breath test may have been destroyed after we requested it. Second, there was an issue with proving our client’s breath alcohol concentration at the time he operated the vehicle. The prosecution dismissed the speeding charge and one OVI charge, and the prosecution reduced the other OVI charge to Reckless Operation.

Marijuana-Eating DUI / OVI Resolved. Our client was pulled over for failing to signal while merging onto the interstate. The officer observed the odor of marijuana, glazed/bloodshot eyes, and dilated pupils, so the officer administered field sobriety tests. In doing so, the officer observed marijuana in our client’s mouth. Our client admitted eating a joint when the officer was making the traffic stop. Our client was arrested and provided a sample for a urine test. Our client was charged with OVI and Obstructing Official Business.

We obtained the evidence from the prosecutor. The evidence showed the arrest may have occurred before most of the evidence was obtained, so the officer’s justification for the arrest was questionable. Before the urine test results were received, we reached an agreement with the prosecutor. The charge of Obstructing Official Business was amended to a lesser charge of Disorderly Conduct, and the charge of OVI was amended to a no-points offense.

Plea Bargain In High-Test DUI / OVI Case Avoids Jail. Our client crashed into a fire hydrant and was investigated by a police officer. Our client admitted being drunk and feeling under the influence. The officer administered a breath test, and the result was .227. Our client was charged with OVI ‘per se’ (high test), OVI ‘impaired’ and Failure To Control.

Our client was proactive. As we contested the case, he completed the Driver Intervention Program without waiting for the court to order him to complete it. He was also polite, cooperative and remorseful. The high-test charge of OVI ‘per se’ was dismissed, as was the charge of Failure To Control. Our client pled guilty to the charge of OVI ‘impaired’ and thereby avoided three additional mandatory days in jail, yellow license plates and the ignition interlock device.
JULY, 2018
Third DUI / OVI Resolved With Program. Our client had two prior OVI convictions when charged with a new OVI. In the new OVI, our client took a breath test, and the result was .265. That meant our client was facing a minimum of 60 days in jail, a license suspension for up to 12 years, and forfeiture of the vehicle.

We entered a plea of Not Guilty and investigated the case. We ultimately pursued a court-operated program for multiple offenders. Our client pled guilty to a stipulated first OVI offense and was sentenced to a Driver Intervention Program, a one-year driver license suspension, and two years of community control (probation). The probation included the program, which is pretty intensive, but the outcome was very satisfactory considering what our client was facing at the beginning of the case.

Reduction In Case Of DUI / OVI And Open Container. An officer stopped our client for stopping past the stop bar. The officer reportedly observed the odors of marijuana and alcohol coming from our client’s car. Our client acknowledged drinking two beers, and the officer found a glass with suspected vodka in it. Following field sobriety tests, the officer arrested our client, and our client refused a breath test. Our client was charged with OVI ‘impaired’, Open Container and Traffic Signal Indications.

We contested the charges and reviewed the evidence. The evidence showed no marijuana was found which would account for the reported odor of marijuana, and the officer’s decision to detain our client for field sobriety tests was questionable. The evidence also showed our client may have been denied the opportunity to speak with a lawyer. Just before the hearing on our motion to suppress evidence, a plea agreement was reached. The charges of Open Container and Traffic Signal Indications were dismissed, and the charge of OVI was amended to a non-moving violation.