2022-Recent Case Results (July-December)

DECEMBER, 2022

DUI/OVI and Improperly Handling Firearms Resolved Favorably. An officer stopped our client for driving the wrong way. The officer observed white powder on our client’s nose, and our client admitted it was cocaine. The officer administered standardized field sobriety tests, as well as tests designed to detect drug impairment. The officer also seized a loaded handgun from our client’s car. Our client submitted to a urine test which showed certain levels of cocaine and marijuana metabolite. Our client was charged with OVI and Improperly Handling Firearms.

We dealt with two different prosecutors’ offices: one for the OVI, and one for the felony. After reviewing the evidence and legal issues involved, we negotiated with the two prosecutors. Ultimately, the OVI was amended to a no-points violation, and the Improperly Handling Firearms was reduced to a misdemeanor.

First Offense DUI/OVI Reduced to Reckless Operation. Our client was stopped for a Marked Lanes Violation, and the officer detected the odor of alcohol coming from our client. The officer also observed bloodshot/glassy eyes and slurred speech, so the officer administered field sobriety tests. The officer arrested our client, and our client refused a breath test. The officer charged our client with a first-offense OVI and a Marked Lanes violation.

We pled Not Guilty and reviewed the evidence. The evidence showed some weaknesses in the prosecution’s case. In the videos for the case, our client did not appear to be intoxicated, and there were problems with how the officer administered the sobriety tests. The prosecution dismissed the Marked Lanes violation and reduced the OVI to a charge of Reckless Operation.

Second-Offense DUI/OVI Reduced. Our client lost control of his vehicle, and the accident was investigated by a police officer. The officer observed signs of intoxication, and our client performed poorly on field sobriety tests. The officer arrested our client, and our client’s breath test showed a result of .265. Our client was charged with a second-offense OVI, as well as Failure to Control. For the high-test OVI charge, our client was facing a minimum of 20 days in jail, vehicle immobilization, yellow license plates, an ignition interlock, and a license suspension for up to seven years.

We contested the case and obtained discovery from the prosecution. Based on what we observed in the discovery materials, we filed a motion to suppress evidence. On the day of the hearing for that motion, the prosecution dismissed the charge of Failure to Control and stipulated the OVI was a first offense. Our client pled guilty to the first-offense OVI. The sentence included probation but no jail term, a license suspension for one year, and no vehicle immobilization, yellow license plates, or ignition interlock.

Commercial Driver Avoids CDL Disqualification and Felony. An officer stopped our client because the officer could not read the temporary license plate in our client’s rear window. The officer observed the odor of alcohol and glassy/bloodshot eyes, as well as allegedly slurred speech. After administering sobriety tests, the officer arrested our client, and our client refused a breath test. A breath test refusal or an OVI conviction would result in a one-year disqualification of our client’s Commercial Driver License. Our client was taken to jail, where our client reportedly spit on a corrections officer. Our client was charged with a felony count of Harassment with a Bodily Substance, as well as OVI and a license plate violation.

We pled Not Guilty and investigated the case. Our investigation showed the temporary license plate was likely visible to the officer when the officer approached the vehicle. We filed a motion to suppress all evidence obtained after the officer was able to read the license plate. Rather than litigate that motion, the prosecutors offered a plea agreement. The license plate violation was dismissed, the OVI was amended to a non-moving violation with no license suspension, the license suspension for refusing the breath test was terminated, and the felony was reduced to a misdemeanor. As a result, our client maintained the commercial driver license and avoided a felony conviction.

---

NOVEMBER, 2022

High-Test DUI/OVI With Accident Reduced. Our client was involved in a minor two-car accident. The other driver called authorities and reported being hit by a drunk driver. Officers went to the accident scene and investigated the claim. The officers noticed our client smelled like alcohol, had glassy eyes, and had slow/slurred speech. Our client performed poorly on field sobriety tests and was arrested. Our client took a breath test, and the result was reported as .212. As the breath test result was at or over .170, our client was charged with both OVI ‘impaired’ and OVI ‘per se – high test’. That meant our client was facing at least six days in jail, restricted (yellow) license plates, and an ignition interlock device.

We contested the case and reviewed the evidence. Although the prosecution’s case for OVI ‘impaired’ was strong, the evidence for OVI ‘per se’ had some issues related to the breath test. The prosecution dismissed the charge of high-test OVI ‘per se’. Our client pled guilty to the charge of OVI ‘impaired’, served no jail term, and avoided the yellow license plates and ignition interlock.

Telecommunications Harassment Charge Reduced. A person called the police and reported that our client threatened her by text. A police officer responded and observed the text allegedly sent by our client. The text did threaten bodily harm and property damage. The officer filed a complaint charging our client with Telecommunications Harassment.

We entered a plea of Not Guilty and investigated the case. As we investigated the case, our client completed a mental health assessment. As the case progressed, our client engaged in the counseling recommended by the assessment. By the time the case was resolved, our client’s rehabilitation efforts were effective. The prosecution amended the charge of Telecommunications Harassment to Disorderly Conduct, and our client paid a fine.

DUI/OVI Reduced to Non-Moving Violation. A tipster called the police and reported our client was asleep at a gas pump and appeared to be wasted. Officers went to the gas station and woke our client. The officers observed that our client was confused and lethargic. They also detected our client had bloodshot/glassy eyes and slurred speech. The officers located two bottles of vodka under our client’s seat. The officers had our client perform field sobriety tests and then arrested our client. Our client declined a breath test and was charged with OVI.

We entered a Not Guilty plea and obtained evidence from the prosecution. The evidence showed our client was under the influence, but there was a question regarding when our client last operated the vehicle and whether our client was under the influence at the time of operation. The prosecution ultimately amended the OVI charge to a non-moving violation.

DUI/OVI Dismissed and License Suspension Terminated. Our client was involved in a one-car accident. Officers located our client in a nearby restaurant. The officers obtained statements from people at the restaurant and interviewed our client. The officers suspected our client was under the influence, and our client declined field sobriety testing. Our client also refused a breath alcohol test, so our client was placed under a one-year Administrative License Suspension and charged with OVI and Reckless Operation.

We entered a plea of Not Guilty and investigated the case. Our investigation showed the prosecution may have some difficulty proving our client operated the vehicle and would have more difficulty proving our client was under the influence. The charge of OVI was dismissed, the one-year license suspension was terminated, and our client pled guilty to the remaining charge of Reckless Operation.

---

OCTOBER, 2022

Reduction in DUI/OVI with Urine Test. A police officer stopped our client for running a red light. Based on our clint’s appearance and demeanor, the officer suspected our client was under the influence of alcohol. The officer administered field sobriety tests and arrested our client. Our client consented to a urine test, and the test showed an alcohol level of .145. Our client was charged with OVI and a turn signal violation.

We contested the charge and obtained evidence from the prosecution. We also obtained the underlying documentation for the urine test and filed a motion to suppress the urine test. Just before beginning the motion hearing, the prosecution offered a plea agreement. The turn signal violation was dismissed, and the OVI charge was reduced to Reckless Operation with no license suspension and no jail term.

Hit-Skip Charge Reduced. Our client was involved in a head-on collision. After interacting with the other driver, our client left the scene without providing all the information required by Ohio law. The other driver contacted the police, and the police made contact with our client. Our client was charged with Hit-Skip and Failure to Control. The penalties for the charge of Hit-Skip included a possible jail term of up to 90 days and a mandatory driver license suspension of up to three years.

We pled Not Guilty and investigated the case. Our investigation showed our client left the scene because our client was threatened by the other driver. Therefore, our client had a possible defense of duress. The prosecution dismissed the charge of Hit-Skip, and our client pled guilty to Failure to Control. Our client paid a fine and did no incur a license suspension or jail term.

Favorable Outcome in First-Offense DUI/OVI. An officer observed our client drive over the marked lane and fail to use a turn signal. The officer stopped our client and observed reported signs of intoxication. When asked, our client acknowledged coming from a bar and consuming alcohol. The officer had our client perform sobriety tests. The officer arrested our client, and our client refused a breath alcohol test. The officer charged our client with a first-offense OVI and Marked Lanes and subjected our client to a one-year license suspension for refusing the breath test.

We entered a plea of Not Guilty and obtained discovery from the prosecution. The body cam videos showed our client had good balance and coordination and did not have any problems with mental processing. There was a real issue regarding whether the officer was justified in detaining our client, and we raised this issue in a motion to suppress evidence. Rather than litigating that motion, the prosecution dismissed the Marked Lanes charge, reduced the OVI charge, and agreed to reduce the one-year license suspension to 60 days.

DUI/OVI With Accident Reduced. Our client was in a roll-over accident which involved a collision with a tree and fire hydrant. Medics and police responded to the scene. The police believed our client was under the influence due to the odor of alcohol, slurred speech, and argumentative behavior. The officers administered field sobriety tests and arrested our client. Our client refused a breath test, so he received a one-year Administrative License Suspension in addition to the charges of OVI and Failure to Control.

We contested the case. We presented defenses to the OVI with accident, including the fact the accident may have resulted in symptoms which appeared to be alcohol intoxication. The prosecution dismissed the charge of Failure to Control, amended the charge of OVI to a no-points offense, and agreed to reduce the one-year license suspension to six months.

---

SEPTEMBER, 2022

Reduction in Client’s Second DUI/OVI. An off-duty officer contacted a dispatcher and reported our client was driving recklessly. An officer caught up to our client and observed our client driver over the marked lane. The officer stopped our client and observed slurred speech, the odor of alcohol, and our client fumbling through paperwork. The officer administered field sobriety tests and arrested our client, and our client refused a breath test. Our client was charged with Marked Lanes and OVI, and our client had a previous OVI dismissed (we represented him).

We entered a plea of Not Guilty and reviewed the evidence. The evidence showed our client was not driving recklessly on the cruiser video. It also showed the officer’s justification to detain our client for sobriety testing was questionable. In addition, our client performed reasonably well on the field sobriety tests and did not appear to be obviously intoxicated. When the prosecution was confronted with the lack of evidence, the prosecution dismissed the charge of Marked Lanes and amended the charge of OVI to a no-points traffic offense.

First-Offense DUI/OVI Reduced. Other drivers called the police and reported our client as a possible impaired motorcycle driver. An officer responded and found our client in the road with the motorcycle on the ground. The officer observed signs of alcohol impairment and asked our client to perform sobriety tests, but our client declined. Our client also declined a breath test. Our client was charged with a first-offense OVI and subjected to a one-year Administrative License Suspension.

We contested the case and obtained discovery from the prosecution. The discovery showed that, without sobriety tests and without a breath test, the evidence of alcohol impairment was questionable. The prosecution amended the OVI to a non-moving violation, and the one-year license suspension was terminated.

DUI/OVI Case Completely Dismissed. Our client backed into a ditch at a park. A park ranger made contact with our client and believed our client may be under the influence, so the park ranger called the police. Officers arrived, talked with our client, and administered field sobriety tests. Our client performed poorly on the tests. The officer arrested our client, and our client declined to submit to a breath test. Our client was charged with OVI.

We pled Not Guilty and investigated the case. Our investigation showed our client did not appear to be intoxicated on the officers’ body cam videos, and our client had a medical condition which affected performance on the sobriety tests. Based on that medical condition, we planned our defense and prepared for a jury trial. On the day of the jury trial, it turned-out the officer was unavailable due to a military deployment, so the case was dismissed.

Second-Offense DUI/OVI Reduced. Our client was stopped for speeding, and the officer observed the odor of alcohol, bloodshot/glassy eyes, and slurred speech. The officer administered the horizontal gaze nystagmus test, and our client was medically unable to complete the walk and turn test and one leg stand test. The officer arrested our client, and our client refused to take a breath test. Our client had a prior conviction within ten years, so our client was charged with a second-offense OVI, as well as OVI ‘Test Refusal With Prior Conviction’. Our client was facing a minimum of 20 days in jail, a license suspension up to 7 years, vehicle immobilization, restricted (yellow) license plates, and an ignition interlock device.

We contested the case and obtained discovery from the prosecution. The discovery showed the prosecution would have some difficulty proving our client’s guilt. Just before the hearing on our motion to suppress evidence, the prosecution offered a favorable plea agreement. Our client pled guilty to the reduced charge of Physical Control, served no jail term, received a one-year license suspension, and avoided the vehicle immobilization, restricted (yellow) plates, and ignition interlock device.

---

AUGUST, 2022

DUI/OVI Dismissed & License Suspension Terminated. Our client was pulled over for a speeding violation on the freeway. The officer observed signs of impairment, and our client explained having drinks much earlier in the day. The officer administered field sobriety tests and arrested our client. Our client refused a breath test, so she was given a one-year Administrative License Suspension, in addition to the charges of OVI and Speed.

We entered a plea of Not Guilty and appealed the Administrative License Suspension. It was not the strongest case for the prosecution. The prosecution dismissed the Speed offense, amended the OVI to a lesser charge, and terminated the Administrative License Suspension.

DUI/OVI With Hit-Skip and Obstruction Resolved Favorably. Multiple callers reported that our client was driving recklessly. Officers performed a traffic stop and observed signs of intoxication. Our client was reportedly unable or unwilling to perform sobriety tests and pushed past an officer and medic. Our client attempted a breath test but allegedly did not perform it correctly. The officers learned our client was previously involved in an accident, in an adjacent county. Our client was charged with OVI and Obstructing Official Business, as well as Hit Skip in the adjacent county.

We prepared a defense and had our client engage in efforts to mitigate the case outcome. The Obstructing Official Business was dismissed, the OVI was amended to a lesser offense, and the Hit Skip was reduced to Failure to Control.

Improperly Handling Firearms Dismissed. Our client was stopped for speeding and a burned-out license plate light. The officer observed the odor of alcohol, bloodshot-glassy eyes, and slurred speech. The officer also observed several ‘clues’ on the field sobriety tests. Our client had a loaded firearm in the vehicle, and our client’s driver license was under suspension. Our client was charged with OVI, Driving Under Suspension, Speed, and Improperly Handling Firearms.

We investigated the case and found an issue with the traffic stop. The officer claimed our client was speeding, but the officer had no evidence of using laser, radar, or pacing. The officer did not notice the burned-out license plate light until after stopping our client, so it was questionable whether there was any justification for the officer to stop our client. We made this argument in a motion to suppress. The prosecution ultimately dismissed the charges of Improperly Handling Firearms, Driving Under Suspension, and Speed, and our client pled guilty to the charge of OVI.

Repeat DUI/OVI Offense Amended. Our client had three prior OVI convictions, and one of the convictions was within the lookback period of ten years. Our client was stopped for a Marked Lanes violation, and the officer suspected our client was under the influence of alcohol. The officer had our client perform standardized field sobriety tests, as well as non-standardized tests. Our client attempted a breath test, but the machine produced an ‘invalid sample’ evidence ticket. Our client then submitted a urine sample. Our client was facing significant consequences based on this being a repeat offense.

We entered a plea of Not Guilty and obtained discovery. Our evaluation was the prosecution’s evidence was in a gray area, and a trial could go either way. Although our client’s most recent conviction was within ten years, it was barely within ten years. We were able to negotiate a satisfactory agreement with the prosecution whereby the OVI was stipulated to be a first offense. Our client avoided jail time, as well as yellow license plates and an ignition interlock device.

---

JULY, 2022

DUI/OVI With Accident Reduced. Our client rear-ended a car at a red light and pushed it into another car. One of the drivers called the police and reported that our client seemed intoxicated. An officer arrived at the scene and talked with our client. Our client acknowledged he had a couple drinks, and he reportedly seemed disoriented. The officer administered sobriety tests and arrested our client. Our client declined a breath test. Our client was subjected to a one-year license suspension for refusing the breath test and was also charged with OVI and Assured Clear Distance Ahead.

Our review of the evidence indicated the officer’s decision to detain our client for sobriety testing was questionable, as the officer’s report did not mention the odor of alcohol, slurred speech, or other factors we would expect to see. We filed a motion to suppress. Just before the hearing on that motion, the prosecution offered a plea bargain, despite the OVI involving an accident. Our client pled guilty to a no-points offense, and the license suspension was reduced from one year to six months.

Underage Driver’s DUI/OVI Charge Reduced. Our client was stopped for driving 40 mph in a 25 mph zone. The officer smelled alcohol coming from our client, and our client was under-age (18 years old). There was also alcohol in the car. The officer had our client perform sobriety tests and arrested our client. Our client talked with his mother and decided to refuse the breath test. Our client was charged with Speed and OVI and was also subjected to a one-year license suspension for refusing the breath test.

We contested the case. Our review of the evidence showed our client did not engage in any driving indicative of being under the influence. Our client also did not appear to be intoxicated on the videos. We filed a motion to suppress evidence. Just before the hearing on our motion, the prosecution dismissed the charge of Speed, amended the charge of OVI to a no-points violation, and agreed to a six-month license suspension in place of the one-year suspension.

DUI/OVI Completely Dismissed. Our client was stopped for speeding, and the officer suspected our client was under the influence because the officer observed the odor of alcohol and red eyes. The officer administered field sobriety tests and arrested our client. Our client took a breath test, and the result was .000. The officer did not ask our client to submit to a urine test or blood test. The officer charged our client with Speed and OVI. Our client went to court without a lawyer, hoping the prosecution would dismiss the case, but the prosecution did not dismiss the case or offer a plea bargain.

The client hired our firm, and we requested discovery from the prosecution. The discovery, particularly the videos and breath test result, showed the evidence would likely not prove our client’s guilt. At the final pretrial, a few days before the jury trial, the prosecution dismissed the OVI, and our client pled guilty to the speeding violation.

CDL Saved for Commercial Driver in DUI/OVI Case. Officers responded to a call that our client’s truck was half-way on the sidewalk with the rear end in the street. The officers observed our client was unconscious, so they woke him. The officers noticed our client’s speech was slurred, and he had the odor of an alcoholic beverage coming from his breath. The officers had our client perform one field sobriety test and then arrested him. Our client took a breath test, and the result was .170. The officers charged our client with Failure to Control, OVI ‘impaired’, and OVI ‘per se’ (high test). The officers also imposed an Administrative License Suspension. An Administrative License Suspension or an OVI conviction would result in a one-year disqualification of our client’s Commercial Driver License.

We entered a Not Guilty plea and looked for defenses to the OVI charges and the Administrative License Suspension. We determined there was an issue regarding whether the officers were justified in detaining our client for the field sobriety test. We also determined the field sobriety test was administered incorrectly, and the breath test may be inadmissible. Finally, the Administrative License Suspension was invalid because the officers did not advise our client regarding the possible CDL consequences. The prosecution dismissed the charge of Failure to Control, dismissed one charge of OVI, amended the other OVI charge to a non-moving violation, and agreed to terminate the Administrative License Suspension. Our client’s CDL was saved.