2019-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, 2019
Driving Under DUI/OVI Suspension Reduced. Our client’s license was suspended for an OVI conviction when he was stopped by a police officer, so the officer charged our client with Driving Under OVI Suspension. That charge carries a minimum of three days in jail and a license suspension. We negotiated with the prosecution, and the charge was reduced to Failure To Display Driver License. The sentence was a $150 fine and no license suspension.

OVI With Accident Amended For Repeat Offender. Our client was involved in a two-car accident. The investigating officer noticed the odor of alcohol coming from our client and conducted a DUI/OVI investigation. Our client was unable to perform two of the three standardized field sobriety tests due a medical condition. The officer arrested our client and found a bottle of Valium in the vehicle. The officer charged our client with Assured Clear Distance Ahead (ACDA) and OVI. Our client had two prior DUI/OVI convictions from several years ago.

We contested the case. We obtained medical records corroborating our client’s inability to perform the two field sobriety tests, and the validity of the remaining test was questionable. Also questionable was the officer’s justification for conducting a DUI/OVI investigation. We held a hearing on our motion to suppress evidence and scheduled the case for a jury trial. Before the jury trial, the prosecution dismissed the charge of ACDA and amended the OVI to the no-points offense of Physical Control.

High-Test DUI/OVI Reduced To No-Points Offense. A police officer approached our client as he was sitting in his car outside a hotel. The officer observed clues of obvious intoxication, and our client performed poorly on field sobriety tests. The officer arrested our client, and our client’s breath test result was .176. Because the test result was over .170, our client was charged with high-test OVI and was facing a minimum of six days in jail, yellow license plates, and an ignition interlock device.

We investigated the case and determined the prosecution may not be able to prove the concentration of alcohol in our client’s breath was over .170. We also determined the prosecution would not be able to prove when our client operated the vehicle, so there was no way for them to prove the breath alcohol concentration at the time of driving. The prosecution amended the charge of high-test OVI to a no-points offense, so our client served no jail time and also avoided the yellow license plates and ignition interlock device.

DUI/OVI Amended To Non-Moving Violation. Our client was stopped for a Marked Lanes violation, and the officer noticed the odor of alcohol, bloodshot/glassy eyes, and slurred speech. The officer administered field sobriety tests and arrested our client. Our client refused a breath test. The officer charged our client with OVI and Marked Lanes.

We pled not guilty, investigated the evidence, and filed motions to suppress evidence, including the field sobriety tests. Our client completed a driver intervention program while the case was pending. The prosecution ultimately dismissed the Marked Lanes violation and amended the OVI to the non-moving violation of Physical Control, with the one-year license suspension for refusing the breath test remaining in place.

DUI/OVI Amended, License Suspension Shortened. An officer watched as our client fishtailed his sports car, drove fast, and drove outside his lane. The officer stopped our client, smelled alcohol, and observed bloodshot eyes. The officer had our client perform field sobriety tests and placed him under arrest. Our client refused a breath test and was charged with OVI, Failure To Control, and Marked Lanes. He was also subjected to a one-year Administrative License Suspension (ALS) for refusing the breath test.

We contested the case and obtained discovery. The discovery showed our client had clear speech, coherent conversation, and decent balance (outside the sobriety tests). As we were about to start a hearing on our motions to suppress, the prosecutor amended the charge to a no-points offense and dismissed the remaining charges. The one-year ALS was replaced with a 90-day license suspension.

MAY, 2019

Suspension Terminated, Charge Amended in Marijuana DUI/OVI Case. Our client was stopped for speeding and not having a front license plate. The officer noticed the odors of marijuana and alcohol coming from our client’s vehicle. Our client admitted there was marijuana in the vehicle and also acknowledged drinking alcohol. The officer observed dilated pupils, lack of eye convergence, horizontal gaze nystagmus, and difficulty reciting the partial alphabet and counting backward. The officer arrested our client and found marijuana in our client’s car. Our client refused a urine test and was given a one-year Administrative License Suspension in addition to a DUI/OVI charge and a Marijuana Possession charge.

We first appealed the Administrative License Suspension and got it terminated because the officer imposed the suspension incorrectly. We then found problems with the field sobriety testing. As a result, the prosecution dismissed the charges of Speed and Marijuana Possession, and amended the charge of OVI to a non-moving violation.

Test Refusal Charge Dismissed In Favorable Plea Agreement. Our client was stopped for a Marked Lanes violation, and the officer observed the trilogy of intoxication symptoms (odor of alcohol, glass/bloodshot eyes and slurred speech). The officer had our client perform field sobriety tests and placed our client under arrest. Our client refused a breath test and had a prior DUI/OVI conviction in the last 20 years (as well as some older convictions), so he was charged with DUI/OVI ‘Test Refusal With Prior Conviction’. Our client was also charged with DUI/OVI ‘impaired’ and Marked Lanes.

We contested the charges and obtained discovery. The discovery showed our client was coherent, had meaningful dialogue with the officer, and did not have problems with his mental faculties. There was doubt about the prosecution’s ability to prove our client was under the influence of alcohol. The prosecution dismissed the charges of OVI ‘Test Refusal With Prior Conviction’ and Marked Lanes. The prosecution also amended the charge of OVI ‘impaired’ to a charge of Phycical Control, a no-points violation.

DUI/OVI Marijuana Reduced. An officer observed our client was stopped at a green light and suspected our client was passed-out. The officer also observed our client had slurred speech and glassy eyes. The officer administered sobriety tests and arrested our client. Our client took a breath test, and the result was .000. The officer suspected our client was under the influence of marijuana, so the officer had our client submit a urine sample. Analysis of the urine sample showed marijuana metabolites well over the prohibited amount.

We pled not guilty and reviewed the case thoroughly. The field sobriety tests given to our client were not correlated with marijuana intoxication, and the type of marijuana metabolites found in our client’s urine were inactive metabolites. The charge of OVI was reduced to a charge of Reckless Operation, and our client pled guilty to that reduced charge.

APRIL, 2019

DUI/OVI Reduced In Accident Case. Our client was involved in a two-car accident. An officer came to the accident scene and noticed our client smelled like alcohol and had glassy/bloodshot eyes. The officer administered field sobriety tests, and our client performed poorly on the tests. Our client was arrested and refused a breath test, so our client was charged with OVI and given a one-year Administrative License Suspension.

We pled Not Guilty and investigated the case. We obtained evidence indicating the accident was likely caused by our client lighting a cigarette while driving. We also obtained medical records and photos showing the injuries to our client’s legs and head during the accident. Those injuries would explain our client’s poor performance on the field sobriety tests. Given the ambiguous evidence, the prosecutor reduced the charge of OVI to a charge of Reckless Operation, and the Administrative License Suspension was terminated.

Shoplifting Case Dismissed. A store detective suspected our client stole merchandise from a department store and called police. An officer stopped our client in our client’s vehicle. The officer eventually obtained our client’s confession that she took items from the store without paying for them. Our client was charged with Theft.

In court, we requested discovery from the prosecutor and simultaneously explored the possibility of a shoplifting diversion program. Our client was accepted into the diversion program. Our client completed the program requirements, and the Theft charge was dismissed.

DUI/OVI Amended In Alcohol & Marijuana Case. Our client was pulled over for speeding and weaving. The officer’s observations caused the officer to suspect our client was under the influence of alcohol and marijuana. The officer arrested our client and took him to a police station. Our client took a breath test, and the result was under the ‘legal limit’, but our client refused to give a sample for a urine test. Our client was charged with OVI and Speed, as well as Driving Under Suspension.

We contested and investigated the case. Our client’s license suspension was cleared while the case was pending, so that charge was dismissed. Our client did not appear to be obviously intoxicated on the cruiser video, and that video gave us good cross-examination material. Ultimately, the prosecutor dismissed the charge of Speed and amended the charge of OVI to a non-moving violation.

MARCH, 2019

Dismissal In Juvenile’s CCW and Aggravated Menacing Case. Our client was accused of threatening another young man with a gun. As a result, our client was charged with Carrying a Concealed Weapon and Aggravated Menacing in juvenile court. We entered a denial (not guilty plea) and looked into the case. We then presented mitigating evidence to both the prosecutor and magistrate. The charge of Carrying Concealed Weapon was dismissed, and our client entered an admission (guilty plea) to the charge of Aggravated Menacing. Our client completed community service hours, and we returned to court. The case was dismissed, and the case records were sealed.

Accident DUI/OVI Reduced to Reckless Operation. Our client was involved in a one-car and one-tree accident. An officer went to the accident scene and found our client exhibiting signs of apparent intoxication. The officer asked our client about medications, and our client said he took a medication for depression. The officer administered field sobriety tests and arrested our client, then our client refused a urine test. Our client was charged with Failure To Control and OVI and was also subjected to a one-year Administrative License Suspension for refusing the urine test.

We entered a plea of Not Guilty and obtained the evidence. The evidence showed the signs of intoxication were equally consistent with intoxication and trauma from the accident. The evidence also showed our client did not actually refuse the urine test but instead was unable to produce a sample within the time limit. Our client pled guilty to a reduced charge of Reckless Operation, and the one-year Administrative License Suspension was terminated.

Felonious Assault And Kidnapping Reduced To Misdemeanor. Our client’s live-in girlfriend reported to the police that our client would not allow her to leave his house. She alleged that he held a knife to her throat, causing a laceration, and choked her until she was nearly unconscious. In response, the SWAT team entered our client’s house, without a warrant, shot our client with beanbag bullets, and arrested him. Our client was charged with Felonious Assault and Kidnapping, so he was facing up to 19 years in prison.

We investigated the case thoroughly. Our investigation revealed there was no corroborating evidence of the girlfriend’s claim, except for a scratch across her throat. We also learned the girlfriend had previously made a similar allegation about our client, and we found an eyewitness to the previous incident who could prove the allegation in that incident was bogus. When it was time for the trial, the girlfriend did not want to testify. The prosecutor dismissed the charge of Felonious Assault and amended the charge of Kidnapping to a misdemeanor charge of Obstructing Official Business. Our client was placed on probation for one year and ordered to pay court costs.

FEBRUARY, 2019

DUI / OVI Completely Dismissed. A driver reported that our client was a possible drunk driver and was driving all over the road. An officer responded and observed our client allegedly speeding and driving outside the marked lane. The officer asked our client if he had been drinking, and our client said he had one drink. The officer detained our client for field sobriety tests and then noticed the odor of alcohol. Our client reportedly performed poorly on field sobriety tests, so the officer arrested him. Our client took a breath test, and the result was .114. Our client was charged with OVI and Marked Lanes in Columbus, Ohio.

We contested the case. The evidence showed there may have been violations of our client’s right to be free from unreasonable searches and seizures. The caller was unidentified, and the officer’s observations about our client’s driving were questionable. More questionable was whether the officer should have detained our client for testing based on the minor traffic violations and the admission of consuming one drink, especially without the odor of alcohol, slurred speech, or other evidence of intoxication. We filed motions to suppress evidence, and the judge held a hearing on our motions. The judge found the officer was not justified in detaining our client for an OVI investigation, so all evidence obtained after that point was suppressed. Consequently, the charge of OVI was completely dismissed, and our client paid a fine for the charge of Marked Lanes.

Hit-Skip Charge Dismissed. Our client was involved in a two-car accident. Our client panicked and left the scene. A police officer contacted our client and served our client with a ticket for Assured Clear Distance Ahead and Hit-Skip (Leaving The Scene Of An Accident).

We contested the case and obtained the prosecutor’s file. We also obtained proof that our client’s insurance company paid for the repairs to the other vehicle involved in the accident. We submitted the mitigating evidence to the court. The prosecutor dismissed the charge of Hit-Skip, and our client paid a fine for the charge of Assured Clear Distance Ahead.

First Offense DUI / OVI with Breath Test Amended. Our client was stopped in the Polaris area for a Marked Lanes violation. The officer noticed the odor of alcohol and asked our client to get out of the car. The officer then noticed our client was unsteady on his feet. The officer administered field sobriety tests and arrested our client. Our client took a breath test on an Intoxilyzer 8000, and the result was .099. Our client was charged with OVI and Marked Lanes.

We entered a plea of Not Guilty and gathered evidence. The evidence revealed an issue regarding whether the officer was justified in detaining our client for field sobriety tests. We filed a motion to suppress evidence and prepared for a hearing on that motion. On the day of the motion hearing, the prosecutor dismissed the charge of Marked Lanes and amended the charge of OVI to the non-moving charge of Physical Control.

JANUARY, 2019

Third DUI / OVI Resolved With Addiction Program. When our client was leaving a bank, a bank employee called the police and reported that our client was under the influence. Officers located our client in a Taco Bell parking lot and stopped him as he was entering his apartment complex. The officers conducted an OVI investigation and arrested our client. Our client took a breath test, and the result was .278. Our client had two prior OVI convictions in the last ten years, so he was charged with a third-offense OVI. As a result, the sentence would include at least 60 days in jail, vehicle forfeiture, and a license suspension up to 12 years.

We entered a plea of Not Guilty and investigated the case. It became apparent our client had a substance abuse issue and genuinely wanted help. We requested that our client be permitted to participate in the court’s alcohol and drug addiction program. Our request was granted. Our client pled guilty to a stipulated first-offense OVI and received the minimum first-offense penalties in addition to the program participation. We are happy to report that the program staff has so far been impressed with our client’s participation and development in the program.

Second DUI / OVI Reduced For Underage Client. Our client had a prior OVI conviction within ten years and was also under age 21. He was pulled over for a Marked Lanes violation, and the officer noticed the usual clues of intoxication: odor of alcohol, bloodshot/glassy eyes, and slurred speech. Our client reportedly performed poorly on field sobriety tests, was arrested, and refused a breath test. He was charged with a second offense OVI, ‘Test Refusal With Prior Conviction’, and Marked Lanes. He was facing a minimum of 20 days in jail, vehicle immobilization, a license suspension up to seven years, yellow license plates, and an ignition interlock device.

We contested the case. One important thing we found was the officer improperly advised our client of the consequences of taking or refusing the breath test. That meant there could not be a ‘Test Refusal’ charge. We also found some discrepancies between the officer’s report and the cruiser video. The prosecution dismissed the charges of ‘Test Refusal With Prior Conviction’ and Marked Lanes and also stipulated the OVI was a first offense. Our client served three days in jail and a one-year license suspension, and he avoided the vehicle immobilization, yellow license plates, and ignition interlock device.