2021-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, 2021

First-Offense DUI/OVI Dismissed in Plea Agreement . Officers were dispatched on a report that our client was stopped on a freeway. An officer arrived and observed our client dancing in the freeway. The officer ordered our client to get out of the roadway and then tackled our client. The officer arrested our client, and our client resisted. During the encounter, the officer smelled the odor of alcohol on our client. The officer also found an open bottle of beer in our client’s vehicle. The officer charged our client with a first-offense OVI, Resisting Arrest, and Parking on Roadways.

We pled Not Guilty to all charges and investigated the case. Our investigation showed that our client’s behavior was likely related to a mental health condition, and we presented evidence of this defense to the prosecution. The prosecution dismissed the charge of OVI, and our client pled guilty to Resisting Arrest and Parking on Roadways. Unlike the charge of OVI, the charge of Resisting Arrest is eligible for record-sealing.

Aggravated Menacing Case Dismissed . Our client was staying at a hotel and reported excessive noise from the room next-door. The occupants from that room later claimed that our client threatened to shoot one of them. Police officers went to the hotel, talked with witnesses, and completed a report. A complaint was then filed charging our client with Aggravated Menacing.

We entered a plea of Not Guilty and investigated the case. We completed background checks on the complaining witnesses and provided the incriminating results to the prosecution. We also issued a subpoena for the hotel’s surveillance video and employee reports. Before the matter went to trial, the prosecution completely dismissed the case.

Reduction in DUI/OVI with Breath Test . Our client was pulled over because one of the vehicle’s headlights was out. The officer observed the odor of alcohol, glassy/bloodshot eyes, and slurred speech. The officer administered field sobriety tests and arrested our client. Our client took a breath test, and the result was .115. The officer charged our client with a Headlights offense, OVI ‘Per Se’, and OVI ‘Impaired’.

We entered a plea of Not Guilty and obtained discovery from the prosecution. The evidence showed our client’s driving was good, our client’s balance and coordination was good, and our client was completely coherent. It also appeared the officer scored the field sobriety tests incorrectly. The prosecution dismissed the Headlights offense and the charge of OVI ‘Per Se’. The prosecution also amended the charge of OVI ‘Impaired’ to a non-moving violation.

Wrong Way DUI/OVI Reduced . Our client was stopped for driving the wrong way on a divided road. The officer smelled the odor of alcohol coming from our client and also noticed that our client’s speech was slurred. Our client declined to perform field sobriety tests. Our client also refused to submit to a breath test. Our client had three prior OVI convictions in the last 20 years, so our client was charged with a Wrong Way violation, OVI ‘Impaired’ and OVI ‘Refusal with Prior Conviction’.

We contested the case. An aerial map of the area showed it was easy to make the mistake of driving the wrong way on that section of the road. With no field sobriety tests and no breath test, the prosecution’s ability to prove our client’s guilt was questionable. The prosecution dismissed the Wrong Way violation, dismissed the charge of OVI ‘Refusal with Prior Conviction’, and reduced the charge of OVI ‘Impaired’ to a no-points violation.

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NOVEMBER, 2021

DUI/OVI Dismissed, Judge Apologizes. Our client got tired as he drove home from dinner, so he stopped and went to sleep. Officers woke him, and he was dazed. He did not know where he was or remember where he had been. The officers observed the odor of alcohol and bloodshot eyes, so the officers conducted field sobriety tests. The officers arrested our client, and our client took a breath test. The test result was .059; under the prohibited concentration of .080. Our client was nevertheless charged with OVI.

We entered a plea of Not Guilty and obtained discovery. The body cam videos showed our client became more coherent as the interaction with the officers continued and he became more awake. The videos also showed the testing conditions for the sobriety tests were inappropriate. The day before the jury trial, the prosecutor dismissed the charge of OVI, and our client pled guilty to a charge of Parking on Private Property. The judge apologized to our client for ever being charged with OVI.

Domestic Violence Case Dismissed . Our client’s significant other called the police and reported that our client assaulted her. Police obtained a statement from the significant other and issued a warrant for our client’s arrest with complaints alleging Assault and Domestic Violence. Our client was arrested.

We appeared in court and secured our client’s release without our client having to post bond. We investigated the case and were prepared to demonstrate why the claim of the significant other was unreliable. The prosecutor offered a plea to a lesser charge and our client rejected it. On the day of the jury trial, the case was completely dismissed.

High-Test DUI/OVI Dismissed in Plea Agreement . Our client was stopped for following too closely to the car ahead. The officer observed evidence our client was under the influence. the officer administered field sobriety tests and arrested our client. Our client took a breath test, and the result was .202. Our client was charged with Following Too Closely, OVI ‘per se’ (high test), and OVI ‘impaired’.

We pled Not Guilty and investigated the case. The investigation showed that our client did appear to be under the influence and did perform poorly on the field sobriety tests. We filed a motion to suppress the breath test. On the day of the hearing for that motion, the prosecution dismissed the high-test charge of OVI, as well as the charge of Following Too Closely. Our client pled guilty to the charge of OVI ‘impaired’.

Assault Case Dismissed . A neighbor confronted our client, on our client’s property, because our client complained the neighbor knocked over our client’s garbage cans. An argument ensued, and our client punched the neighbor. Police reported to our client’s residence and charged our client with Assault.

We contested the case prepared to argue the punch was in self-defense. At the time of the punch, our client believed the neighbor was going to cause him physical harm. We did not need to assert the self-defense argument, as the prosecutor completely dismissed the case.

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OCTOBER, 2021

Commercial Driver’s License Saved in DUI/OVI Case. Our client was stopped for a Marked Lanes violation and admitted to consuming alcohol. The officer noticed our client’s eyes were bloodshot and glassy, and our client’s speech was slurred. The officer conducted field sobriety test and arrested our client. Our client took a breath test, and the result was .153, so our client was charged with OVI. Our client’s Ohio Commercial Driver License (CDL) would be disqualified if our client was convicted of OVI or was subjected to a license suspension.

We pled Not Guilty and obtained evidence the prosecution intended to introduce. We filed a motion to suppress the breath test and prepared a defense. We did not have to assert the defense at trial. The prosecution amended the OVI to a lesser charge with no license suspension, so our client able to save his CDL from the mandatory one-year disqualification.

DUI/OVI on Train Tracks Reduced . Our client swerved to avoid a deer and hit a street sign. The car rolled over, spun around, and came to rest on train tracks. Officers responded to the scene and observed signs of alcohol intoxication. The officers administered field sobriety tests and arrested our client. Our client took a breath test, and the result was .116. Our client was charged with Failure to Control, OVI ‘per se’, and OVI ‘impaired’.

We entered a plea of Not Guilty and obtained discovery from the prosecution. Based on what we found in the discovery, it seemed the prosecution may be unable to get the breath test admitted as evidence. The prosecution dismissed the charges of Failure to Control and OVI ‘per se’ and also amended the charge of OVI ‘impaired’ to a no-points violation.

High-Test DUI/OVI Reduced in Unusual Case . An officer observed our client urinating on the side of the road. When the officer made contact with our client, the officer noticed our client’s pants were wet. The officer also noticed the odor of alcohol, glassy eyes, and slurred speech. The officer administered the Horizontal Gaze Nystagmus test, and our client was unable to perform additional tests. Our client took a breath test, and the result was .183. As this was a ‘high test’ (over .170), our client was facing at least six days in jail, yellow license plates, and an ignition interlock device.

We contested the case. The prosecution’s evidence overall was very strong, but there was a legitimate argument regarding whether the breath test result proved our client’s breath alcohol concentration was over .170 at the time of operating the vehicle. The prosecution dismissed the charge of OVI ‘per se’ (high test), and our client pled guilty to a charge of OVI ‘impaired’, thereby avoiding an actual jail term, yellow license plates, and an ignition interlock device.

Professional Driver Avoids CDL Disqualification . Our client was stopped for speeding: 71 mph in a 35 mph zone. The officer observed that our client appeared to be under the influence. The officer administered sobriety tests and arrested our client. Our client took a breath test, and the result was .163. Our client was a truck driver and needed to avoid an OVI conviction and a license suspension to save his Commercial Driver License (CDL) from a mandatory one-year disqualification.

We pled Not Guilty and investigated the case. We reviewed the police reports, alcohol influence report, cruiser videos, and records for the breath-testing machine. We prepared defenses to the two OVI charges and presented them to the prosecution. The prosecution dismissed one OVI charge and amended the other OVI charge to a non-moving violation with no license suspension. Our client was able to avoid the one-year disqualification of his CDL.

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SEPTEMBER, 2021

DUI/OVI With Accident Reduced. Our client was driving on the freeway and got into an accident with a semi. A trooper did an accident report and determined our client was at fault. In doing so, the trooper began to suspect our client was under the influence of alcohol. The trooper administered field sobriety tests, and our client performed poorly. The trooper arrested our client and charged our client with OVI and Failure to Control. Our client refused a breath test and was immediately subjected to a one-year Administrative License Suspension.

We investigated the case. Although it was clear from the evidence our client was at fault for the accident, it was not clear our client was under the influence. We filed a motion to suppress evidence, including the field sobriety tests. Before the hearing on that motion, we reached an agreement with the prosecutor. The charge of Failure to Control was dismissed, the charge of OVI was amended to a charge of Physical Control, and the one-year license suspension was reduced to six months.

Positive Outcome for DUI/OVI With Prior Conviction & Test Refusal . Our client flipped his car, and the police were dispatched to the scene. The police noticed the odor of alcohol, glassy/bloodshot eyes, and slurred speech. Our client performed poorly on sobriety tests and refused to consent to a breath test. Our client had a prior OVI conviction within 20 years, so our client was charged with OVI ‘ Test Refusal With Prior Conviction ’, as well as OVI ‘Impaired’ and Failure to Control. Our client was facing mandatory jail time of at least six days, yellow license plates, and an ignition interlock device.

We pled Not Guilty and obtained discovery. Our theory was the symptoms observed by the police could have been effects of the accident rather than alcohol intoxication. Before a hearing on our motion to suppress evidence, we reached an agreement with the prosecution. The prosecution dismissed the charge of OVI ‘Test Refusal With Prior Conviction’, dismissed the charge of Failure to Control, and amended the charge of OVI ‘Impaired’ to a no-points offense.

Charges Reduced-DUI/OVI with Firearm: A police officer stopped our client for speeding. Our client, a concealed carry license holder, failed to tell the officer there was a firearm in the vehicle. The officer noticed glassy/bloodshot eyes, slurred speech, and the odor of alcohol. The officer administered field sobriety tests and arrested our client. Our client refused a breath test. The officer charged our client with OVI and Carrying Concealed Weapon, as well as a speeding violation.

We pled not guilty and investigated the case. The officer’s body camera recording showed the officer took some liberties with the police report, and our client did not appear to be obviously drunk. We had witnesses who would testify our client was not under the influence, and we had medical information which would show our client was not a viable candidate for field sobriety testing. Rather than have a trial, the prosecution dismissed the speeding charge, amended the Carrying Concealed Weapon to a minor misdemeanor, and reduced the OVI to Reckless Operation.

Underage DUI/OVI With Accident Reduced . Our client was involved in a roll-over accident. An officer went to the accident scene and observed indications that our client was under the influence of alcohol. The officer had our client perform field sobriety tests. The officer had our client perform a breath test, and the result was .145. Our client was under 21. Our client was charged with OVI and Failure to Control.

We entered a denial and obtained discovery from the prosecuting attorney. As we prepared the case for a trial, our client took proactive measures to mitigate the outcome. Ultimately, the prosecuting attorney dismissed the charge of Failure to Control and reduced the OVI to a charge of OVUAC ( Operating a Vehicle after Under Age Consumption ).

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AUGUST, 2021

Reduced Charge for Third DUI / OVI Within Ten Years. Our client drove his car off the road, and an officer made contact with our client as he was walking away from the accident. The officer noticed signs of intoxication, and our client refused to perform field sobriety tests. Our client consented to a urine test, and the test showed a urine alcohol level of .24. As our client had two prior OVI convictions within ten years, our client was facing 60 days to one year in jail, vehicle forfeiture, and a license suspension for up to 12 years.

We took over the case for another law firm. We filed a motion to suppress the urine test and requested documents from the crime laboratory. Based on our review of the crime lab records, it was clear the urine test would be thrown out. Just before the hearing on our motion to suppress the urine test, the prosecution amended the third-offense OVI to a non-moving violation. Our client was placed on probation with no jail term, no vehicle forfeiture or immobilization, and no license suspension.

Charge Reduced in DUI / OVI With Accident . Our client was in a one-car roll-over accident. An officer went to the accident scene and observed the odor of alcohol on our client. Our client did no perform field sobriety tests. Open containers of alcohol were found in our client’s vehicle. Our client refused to submit to a breath test. The officer charged our client with Failure to Control and OVI.

We pled Not Guilty and investigated the case. The investigation revealed our client was physically unable to perform field sobriety tests due to injuries sustained in the accident. Without the field sobriety tests, and without a breath test, the prosecution’s evidence was not strong, despite being an OVI with an accident. The prosecution dismissed the charge of Failure to Control and reduced the charge of OVI to a charge of Reckless Operation.

DUI / OVI Reduced to Reckless Operation . An officer observed our client fail to signal a left turn, drive 71 mph in a 45 mph zone, and drive over the lane line. The officer stopped our client and observed signs of intoxication. The officer administered field sobriety tests and arrested our client. Our client took a breath test, and the result was .079. The officer charged our client with Speed, Marked Lanes, and OVI.

We contested the case and obtained discovery. The discovery showed there was much evidence inconsistent with intoxication, and our client was not a good candidate for field sobriety tests due recent hip replacements. Rather than have a trial with these facts, the prosecution dismissed the charge of Speed, dismissed the charge of Marked Lanes, and reduced the OVI to Reckless Operation.

Long Court Process Ends in DUI / OVI Reduction . Our client was reportedly involved in a minor accident with a parked car in a parking lot. An officer reported to the scene, observed the odor of alcohol, and conducted an OVI investigation. The officer charged our client with Physical Control of a Vehicle Under the Influence. The officer should have charged our client with OVI, but we were glad the officer didn’t, as Physical Control has lesser penalties. Our client had a prior Physical Control conviction and two prior OVI convictions.

We filed a Not Guilty plea, reviewed the evidence, and filed a motion to suppress evidence. The prosecutor dismissed the Physical Control ticket and had a new ticket filed charging our client with OVI. We filed a motion to dismiss the new OVI ticket based on Ohio’s speedy trial law. Just before the hearing on our motion, the prosecutor dismissed the OVI ticket and had a new ticket filed for Physical Control. We filed another motion to suppress evidence. Just before the hearing on that motion, the prosecutor agreed to recommend no license suspension. At the conclusion of this extended court process, our client pled guilty to Physical Control with no license suspension and no jail term.

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JULY, 2021

DUI/OVI With Hit-Skip Reduced. Our client hit a utility pole and did not remain at the accident scene. A police officer found our client and made a traffic stop. The officer believed our client was under the influence, so the officer had our client perform sobriety tests. The officer arrested our client, and our client tested .156 on a breath test. The officer charged our client with OVI ‘impaired’, OVI ‘per se’, Hit-Skip, and Failure to Control.

We contested the case and obtained discovery. The discovery showed there was an issue of whether the officer was justified in removing our client from the vehicle. The officer did not observe the usual signs of intoxication before removing our client from the vehicle to administer field sobriety tests. Ultimately, the prosecution dismissed the charges of Hit-Skip and Failure to Control, as well as one charge of OVI. The prosecution reduced the remaining charge of OVI to a charge of Reckless Operation.

Second-Offense DUI/OVI Resolved Successfully . Our client was driving when his car jumped the median right in front of a police officer. The officer stopped our client and observed signs of intoxication. The officer performed field sobriety tests and arrested our client. Our client took a breath test, and the result was .140. Our client had a prior DUI conviction from another state. For a second DUI/OVI within ten years, our client was facing at least ten days in jail, vehicle immobilization, ignition interlock and yellow license plates.

We looked into the case and found a strong argument our client’s case should be treated as a first offense. The definition of DUI in the state where our client was previously convicted was different than the definition of OVI in Ohio. For a conviction from another state to count as a ‘prior conviction’ for enhancing minimum penalties, the DUI in the other state must be substantially similar to OVI in Ohio. The prosecution agreed with our assessment of the prior conviction. Our client was able to plead guilty to a first-offense OVI and received the minimum mandatory sentence.

Domestic Violence Case Dismissed . Our client’s significant other reported to police that our client pushed and hit her while she was holding their young child. Our client was charged with Domestic Violence, Assault, and Endangering Children.

We entered a Not Guilty plea and investigated the case. Our investigation revealed the significant other suffered from psychological disorders. On the day the case was scheduled for a trial, the prosecution dismissed the case entirely.