2024-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, 2024

DUI/OVI with Accident Reduced.  A motorist called 911 and reported that our client was driving erratically.  An officer initiated cruiser lights, and our client crashed into a tree.  The officer observed our client was disoriented, spoke with slurred speech, and smelled like alcohol.  Our client was taken to the hospital and consented to a urine test.  Our client was charged with Failure to Control and OVI.   

We contested the case and prepared a defense.  The evidence showed the officer did not administer any field sobriety tests to help determine whether our client was under the influence.  Our client’s disoriented appearance and slurred speech could have been due to the impact of the accident.  After we presented our defense to the prosecution, the prosecution dismissed the charge of Failure to Control and amended the charge of OVI to a non-moving violation.

Reduction in Second-Offense OVI with Refusal.  Our client was involved in a two-car accident, and the police were notified.  The other driver told officers our client was intoxicated and left the scene.  Officers made contact with our client at a nearby business.  The officers observed signs consistent with intoxication.  Our client refused to perform sobriety tests and also refused a breath test.  Our client had a prior OVI conviction.  Our client was charged with Assured Clear Distance Ahead, OVI ‘impaired’ (second offense), and OVI ‘test refusal with prior conviction’.

We entered a plea of Not Guilty and reviewed the evidence.  The evidence showed our client ‘left the scene’ to go to a restroom.  It was apparent from the body cam videos the officers jumped to the conclusion or client was intoxicated and looked for evidence to confirm that conclusion.  Our client did not appear obviously intoxicated.  The prosecution dismissed the charges of Assured Clear Distance Ahead and OVI ‘test refusal with prior conviction’.  The prosecution also stipulated the charge of OVI ‘impaired’ was a first offense.

Felony Dismissed in OVI Case.  A caller reported to the police our client was driving on the wrong side of the road.  Officers responded and stopped our client for an expired vehicle registration.  Our client informed the officers there was a handgun in the vehicle.  The officers suspected our client was under the influence, and our client acknowledged having a few drinks.  The officers administered field sobriety tests and arrested our client.  Our client took a breath test, and the result was .150.  Our client was charged with OVI ‘impaired’, OVI ‘per se’, and a felony charge of Improperly Handling Firearms in a Motor Vehicle.

We pled Not Guilty and obtained discovery from the prosecution.  The discovery showed our client performed poorly on the field sobriety tests.  On the other hand, our client’s speech was not slurred and our client engaged in coherent conversation with the officers.  The prosecution dismissed the felony charge of Improperly Handling Firearms in a Motor Vehicle, and our client pled guilty to OVI.

MAY, 2024

DUI/OVI With Breath Test Reduced. Our client was stopped for running a stop light. The officer noticed the odor of an alcoholic beverage and slurred speech. Our client acknowledged drinking and self-rated an intoxication level of four on a scale of 1-10. The officer arrested our client, and our client’s breath test result was .144. Our client was charged with a stop light violation, OVI ‘impaired’, and OVI ‘per se’.

We entered a plea of Not Guilty and obtained discovery. The discovery included records from the breath-testing machine. The records showed the arresting officer did not follow the proper protocol for the breath test, and we filed a motion to suppress the results of the test. The prosecution ultimately dismissed the stop light violation and OVI ‘per se’ and reduced the OVI ‘impaired’ to a non-moving violation.

Commercial Driver Avoids DUI/OVI. A police officer stopped our client for driving without headlights and driving outside the marked lanes. The officer observed signs of alcohol intoxication, as well as an open container of beer in the vehicle. The officer put our client through sobriety testing and arrested our client. Our client took a breath test, and the result was .121. Our client was charged with Marked Lanes and OVI. Our client was a commercial driver, so an OVI conviction or an Administrative License Suspension would lead to a one-year CDL disqualification.

We appeared at our client’s arraignment and obtained a stay of the Administrative License Suspension, so our client was permitted to drive while the case was pending. We discovered our client’s first breath test was an ‘invalid sample’, and there was not much of a waiting period before the second breath test. We filed a motion to suppress the breath test. The prosecution reduced the OVI to a lesser offense and agreed to termination of the Administrative License Suspension, so our client’s CDL was not disqualified.

First-Offense DUI/OVI Amended. Our client was watching football game on a cell phone while driving. A motorist reported our client was weaving, and an officer stopped our client. Our client acknowledged drinking alcohol and watching the football game. The officer arrested our client and charged our client with a first-offense OVI.

We entered a Not Guilty plea and investigated the case. The investigation revealed the motorist’s call was unsubstantiated, and the justification for the traffic stop was debatable. Based on that, and other issues, we filed a motion to suppress evidence. On the day of the hearing for our motion, the prosecution amended the OVI charge to a no-points offense.

Third-Offense DUI/OVI Reduced. Our client was stopped for speeding, and the officer smelled the odor of alcohol coming from our client. The officer also saw that our client’s eyes were bloodshot and glassy. The officer administered sobriety test and arrested our client. Our client refused to take a breath test. Our client had two prior OVI convictions in the previous year, so our client was charged with OVI ‘impaired’ and OVI ‘test refusal with prior conviction’. Our client was facing at least 60 days in jail and vehicle forfeiture.

We contested the charges and requested discovery from the prosecution. The discovery showed our client did not have slurred speech and had no problems with balance and coordination, mental processing, or divided attention. The prosecution stipulated the OVI was a second offense, without the refusal, so our client served only 15 days in jail and did not have her vehicle forfeited.

APRIL, 2024

DUI/OVI Dismissed. Our client crashed into a parked car, and police went to the accident scene. The officers administered field sobriety tests and charged our client with OVI. Our client refused a breath test and received an Administrative License Suspension. When we appeared in court, the ticket had not been filed. At our request, the judge dismissed the case and terminated the Administrative License Suspension.

DUI/OVI With Urine Test Reduced. A police officer stopped our client because our client’s vehicle had a headlight out and also had expired license plates. The officer observed evidence of intoxication, the odor of marijuana, and an open bottle of whiskey. The officer administered sobriety tests and arrested our client. Our client submitted to a urine test, and the result showed an alcohol level of .203. Our client was charged with OVI ‘impaired’, OVI ‘per se’, Headlight, Expired License Plate, and Open Container.

We entered a plea of Not Guilty and obtained discovery from the prosecution. The discovery revealed our client’s driving was fine. It also showed our client did not appear to be visibly impaired. In addition, the admissibility of the urine test was questionable. The prosecution dismissed all charges except one OVI, and the prosecution reduced that OVI to Reckless Operation.

DUI/OVI and License Suspension Reduced. Our client was stopped for speeding. The officer observed the usual trilogy of evidence: odor of alcohol, bloodshot/glassy eyes, and slurred speech. The officer administered field sobriety test, and our client refused a breath test. Our client was charged with Speed and OVI. Our client was also subjected to a one-year Administrative License Suspension for refusing the breath test.

We appeared at the arraignment and obtained a stay of the license suspension, so our client’s license was returned while the case was pending. When we reviewed the evidence, it showed our client did not have problems with mental processing or divided attention. We resolved the case with a plea to Reckless Operation. The one-year Administrative License Suspension was terminated and replaced with a six-month license suspension.

Aggravated Vehicular Homicide Case Resolved Favorably. Our client was driving a utility vehicle when the vehicle crashed and one of the occupants was killed. Our client performed field sobriety tests and took a breath test. The breath test result was ‘over the limit’. Our client was charged with Aggravated Vehicular Homicide and two counts of OVI. Our client was facing a mandatory prison term of up to eight years.

We investigated and researched the case. We found a recent Ohio case which held a utility vehicle is not a ‘motor vehicle’, which meant our client could not be found guilty of Aggravated Vehicular Homicide. Ultimately, our client pled guilty to Reckless Homicide. Our client was sentenced to probation and no prison term.

MARCH, 2024

Medical Defense Results in Reduction of DUI/OVI. A deputy found our client passed-out behind the wheel with the car in drive. The deputy observed our client was sweating, had glossy eyes, and smelled like alcohol. The deputy also observed our client had slurred speech, struggled to form sentences, and had poor balance. The deputy administered sobriety tests and charged our client with OVI. Our client had two prior OVI convictions.

We investigated the case. The investigation showed our client had diabetes, was taking two medications which lowered blood sugar, and had a diet of intermittent fasting and low carbohydrates. What appeared to be symptoms of intoxication were likely symptoms of hypoglycemia (low blood sugar). We shared our medical defense with the prosecution. The prosecution agreed with our conclusion and reduced the OVI to Reckless Operation with no jail term and no license suspension.

Old Cases of Passing Bad Checks Dismissed. Our client learned that there was a warrant for her arrest for three cases of Passing Bad Checks in 1997. Although the cases were that old, the cases and the arrest warrant were still active.

We arranged to have our client appear in court without going to jail. We entered a Not Guilty plea and requested that the prosecution dismiss the cases. The prosecution was unwilling to dismiss the cases, so we scheduled the cases for a trial. At the final hearing before the trial, the prosecution acknowledged they would be unable to prove the allegations, so the prosecution dismissed the three cases.

DUI/OVI Amended so Commercial Driver’s License not Disqualified. Our client was stopped for speeding (95 mph in a 65 mph zone). The officer observed the odor of alcohol, bloodshot/glassy eyes, and slurred speech. Our client refused to perform field sobriety tests and also refused a breath test. Our client was charged with OVI and Speed. Our client was a commercial driver, so an OVI conviction or a license suspension for refusing the breath test would trigger a disqualification of our client’s commercial driver’s license (CDL).

We contested the case and reviewed the prosecutor’s evidence for a possible trial. The evidence at trial would show speeding is not an indication the driver may be under the influence. The odor of alcohol may be proof of alcohol consumption but is not proof of alcohol intoxication. Bloodshot/glassy eyes is not really a clue of intoxication, as it may be from many causes. With that evidence and the lack of field sobriety tests or a breath test, the prosecution amended the OVI to a no-points offense and agreed to terminate the license suspension for refusing the breath test. As a result, our client’s commercial driver’s license was not disqualified.

Second Felony DUI/OVI Reduced to Misdemeanor. Our client had four prior OVI convictions, including one felony OVI conviction. In this case, our client was involved in a one-car accident and was hospitalized. A police officer met with our client at the hospital. The officer then issued a subpoena for our client’s blood test. The blood test showed a blood alcohol concentration of .120. Our client was charged with a second felony OVI, so our client was facing a minimum incarceration term of 120 days, a driver’s license suspension for three years to life, and vehicle forfeiture.

We entered a plea of Not Guilty and researched the blood test. The research revealed a recent appellate case which held the hospital records regarding the blood test were inadmissible. Without the blood test records, the prosecution’s case was significantly weakened. The prosecution reduced the felony OVI to a first-offense OVI. Our client was sentenced to three days in a driver intervention program, a one-year driver’s license suspension, and no vehicle forfeiture.

FEBRUARY, 2024

First-Offense DUI/OVI Reduced. A police officer stopped our client for speeding and changing lanes without signaling. The officer observed signs of intoxication and had our client perform standardized field sobriety tests. The officer arrested our client, and our client refused to submit to a breath alcohol test. The officer charged our client with a first-offense OVI, as well as Speed and Failure to Signal.

We pled Not Guilty and reviewed the evidence. The evidence showed the officer did not observe anything about our client’s driving which indicated our client may be under the influence. The officer also did not observe slurred speech, problems with cognition, or problems with coordination. The prosecution dismissed the charges of Speed and Failure to signal, and the prosecution amended the OVI to a non-moving violation.

Domestic Violence Case Dismissed. Our client was involved in an argument with his spouse which became physical. Our client’s spouse called the police and reported our client put his hands around the spouse’s neck. Police interviewed the spouse and filed a charge of Domestic Violence against our client.

We appeared at our client’s arraignment and pled Not Guilty. We then obtained discovery, negotiated with the prosecution, and reached an agreement. Our client completed anger management counseling, and the case was completely dismissed.

Third Offense DUI/OVI with Refusal Reduced. Our client struck a parked car, and a law enforcement officer arrived at the scene. The officer noticed the odor of an alcoholic beverage and slurred speech, so the officer performed sobriety tests. The officer placed our client under arrest, and our client refused a breath test. Our client had two prior OVI convictions, so the officer charged our client with a third-offense OVI and Test Refusal with Prior Conviction. The mandatory sentence included a jail term of at least 60 days, a license suspension up to 12 years, and vehicle forfeiture.

We contested the case and obtained discovery from the prosecution. The discovery showed the officer’s detention of our client may have been unlawful. Although the officer noticed the odor of an alcoholic beverage before the detention, the officer did not notice slurred speech until after the detention. Before the detention, our client did not appear to have any problems with mental processing or divided attention. On this basis, we filed a motion to suppress the evidence obtained after the detention. Before the hearing on that motion, the prosecution dismissed the charge of Test Refusal with Prior Conviction and reduced the third-offense OVI to a second-offense OVI. The sentence included a jail term of ten days instead of 60, a license suspension for one year, and vehicle immobilization for 90 days instead of vehicle forfeiture.

Second Offense DUI/OVI with Breath Test Reduced. Our client collided with a tree. Medics and police officers responded to the accident scene. An officer observed the odor of alcohol coming from our client, and our client acknowledged drinking. The officer administered field sobriety tests and arrested our client. Our client took a breath alcohol test, and the result was reported as .134. Our client had a prior OVI conviction within ten years, so the officer charged our client with a second-offense OVI ‘per se’ and a second-offense OVI ‘impaired’. Our client was facing a mandatory sentence which included a minimum of ten days in jail, a license suspension up to seven years, vehicle immobilization, restricted (yellow) license plates, and an ignition interlock device.

We pled Not Guilty and reviewed the evidence. The evidence showed the breath test consisted of two breath samples, and each one resulted in an ‘invalid sample’. The evidence also showed our client was coherent and had no problems with balance and coordination. The prosecution dismissed one charge of OVI and stipulated the other charge of OVI was a first offense. Our client pled guilty to the stipulated first offense. The sentence included no jail term, a one-year license suspension, and no vehicle immobilization, restricted plates, or ignition interlock.

JANUARY, 2024

Breath Test DUI/OVI Reduced. Our client was stopped for a headlight violation. The officer smelled the odor of an alcoholic beverage coming from our client, and our client acknowledged drinking alcohol recently. Our client consented to sobriety testing and reportedly performed poorly. The officer arrested our client, and our client took a breath test. The result was .121. Our client was charged with OVI ‘per se’, OVI ‘impaired’, and a headlight violation.

We entered a plea of Not Guilty and reviewed the evidence. The evidence showed the headlight violation was due to a mechanical problem with the vehicle. Although the officer may have observed ‘clues’ on the sobriety tests, our client performed well on the tests from a common sense perspective. On the videos, our client did not appear to be under the influence, and our client’s appearance was inconsistent with the breath test result. We obtained medical records indicating our client had Gastro Esophageal Reflux Disease, which is known to affect the results of breath alcohol tests. We presented this medical defense to the prosecution. The prosecution dismissed the headlight violation, dismissed the charge of OVI ‘impaired’, and reduced the charge of OVI to a non-moving violation.

Commercial Driver’s CDL Saved. Police officers approached our client, who was asleep at a red light. The officers observed a bottle of liquor in the cup holder. The officers also noticed our client’s eyes were bloodshot, and our client’s speech was slurred. Our client performed poorly on sobriety tests and blew a .130 on a breath test. Our client was charged with OVI and given an Administrative License Suspension. Our client had a commercial driver’s license (CDL), so an OVI conviction or Administrative License Suspension would result in a disqualification of the CDL.

We contested the case and obtained discovery from the prosecution. On the body cam video, the officers discuss the fact they don’t smell alcohol on our client’s breath, and they would expect to with the type of liquor in the bottle. Our client said he was sleep deprived from his driving job and had not been consuming alcohol. The officers acknowledged sleep deprivation is a problem and did a poor job administering field sobriety tests. The prosecution reduced the charge of OVI to a no-points offense, and the Administrative License Suspension was terminated, so our client’s CDL was not disqualified.

DUI/OVI Reduced and License Suspension Terminated. Our client was pulled-over by a law enforcement officer for Assured Clear Distance Ahead (ACDA) and Marked Lanes. The officer observed the odor of alcohol, bloodshot/glassy eyes, and slow speech. The officer administered field sobriety tests and arrested our client. Our client took a breath test, and the result was .166. Our client was charged with OVI, ACDA, and Marked Lanes. Our client was also subjected to an Administrative License Suspension.

We entered a plea of Not Guilty and appealed the Administrative License Suspension. At the arraignment, the suspension was stayed, so our client’s driver’s license was returned. The discovery from the prosecution showed some of the officer’s reported observations were not supported by the video evidence. The prosecution dismissed the charges of ACDA and Marked Lanes, reduced the charge of OVI to a non-moving violation, and agreed to terminate the driver’s license suspension.

Aggravated Vehicular Assault Reduced to Misdemeanor. Our client ran a stop sign and was involved in a two-car collision. A passenger in the other vehicle suffered serious physical harm. At the scene, a police officer learned that our client had a medical marijuana card. The officer then investigated our client for being under the influence. Our client performed field sobriety tests and consented to a urine test. The urine test showed a level of marijuana metabolite which greatly exceeded the ‘legal limit’. Our client was charged with Aggravated Vehicular Assault and OVI. Our client was facing a mandatory prison term of one year to five years and a mandatory driver’s license suspension of two years to ten years.

We investigated the case and found the evidence against our client was weak. There was no odor of marijuana on our client or in our client’s vehicle, suggesting our client had not smoked marijuana recently. We obtained witness statements showing our client had not smoked marijuana on the day of the accident. Our client did not have bloodshot eyes, dilated pupils, slurred speech, problems with balance, problems with mental processing, or problems with divided attention. We filed a motion to suppress evidence arguing the officer did not have justification to detain or arrest our client. On the day that motion was scheduled for a hearing, the prosecution reduced the charge of Aggravated Vehicular Assault to a misdemeanor and reduced the charge of OVI to a minor misdemeanor charge of Reckless Operation. Our client’s sentence was seven days in jail and a one-year driver’s license suspension