2023-Case Results (July-December)

DECEMBER, 2023

Unusual DUI/OVI Case Resolved Successfully. A motorist called 911 and reported our client was walking in the median of a freeway. An officer responded to the scene and talked with our client, who was lying in the grass. The officer noticed our client was incoherent and smelled like alcohol. Our client was placed in an ambulance, and the officer administered the Horizontal Gaze Nystagmus test in the ambulance. Our client was taken to the hospital, and the officer charged our client with OVI.

We pled Not Guilty and investigated the case. Our investigation revealed our client ran out of gas and had a medical condition which the officer could have mistaken for alcohol intoxication. The prosecution reduced the OVI charge to a non-moving violation. The sentence was a fine only.

CDL Holder Avoids DUI/OVI. A security officer observed our client drive on the wrong side of the street and park. The security officer contacted the police, and an officer arrived. The officer observed signs that our client was under the influence, including the odor of alcohol and slurred speech. The officer arrested our client, and our client refused a breath test. The officer charged our client with OVI and imposed an Administrative License Suspension. Our client had a commercial driver’s license (CDL), so either an OVI conviction or an Administrative License Suspension would result in a disqualification of the CDL.

We appeared at our client’s arraignment and got the Administrative License Suspension terminated because it was imposed improperly. The evidence showed the alleged slurred speech was likely a language/accent issue, and the odor of alcohol proved only alcohol consumption, not intoxication. The remaining evidence was not necessarily strong enough for the prosecution to obtain a conviction. The prosecution reduced the OVI to Reckless Operation with no license suspension, so our client’s CDL was not disqualified.

DUI/OVI Reduced to Non-Moving Violation. A police officer watched our client do an illegal u-turn and stopped our client. The officer smelled the odor of alcohol, saw our client’ eyes were glassy and bloodshot, and heard our client’s speech was slurred. The officer administered standardized field sobriety tests, and our client performed poorly. The officer arrested our client, and our client refused a breath test. Our client was charged with OVI and U-Turn.

We entered a plea of Not Guilty and obtained discovery from the prosecution. The videos showed our client did perform poorly on the standardized field sobriety tests. However, our client’s balance and coordination outside those tests looked fine. Our client’s mental processing did not seem impaired. The prosecution dismissed the U-Turn offense and reduced the OVI to a non-moving violation.

DUI/OVI and License Suspension Reduced. Firefighters reported to police our client was parked in the fire station lot and possibly impaired. An officer made contact with our client and observed evidence of intoxication. The officer conducted sobriety tests and arrested our client. Our client refused a breath test, so our client was charged with OVI and issued a one-year Administrative License Suspension.

We contested the case. The evidence showed our client had been sleeping, and it would be difficult to distinguish alcohol intoxication from being aroused from sleep. The prosecution reduced the OVI to a lesser offense and agreed to a six-month license suspension in place of the one-year Administrative License Suspension.

NOVEMBER, 2023

Commercial Driver’s CDL Saved in DUI/OVI Case. Our client was stopped for a turn signal violation, and the officer observed the odor of alcohol. The officer administered sobriety test, and arrested our client. Our client refused a breath test and was given a one-year Administrative License Suspension. As our client was a commercial driver, his CDL would be disqualified for either an OVI conviction or an Administrative License Suspension.

We pled Not Guilty and investigated the case. The investigation showed the turn signal violation was due to the passenger giving bad directions. The passenger was obviously intoxicated, which accounted for the odor of alcohol. The remaining evidence of OVI was not strong. The prosecution amended the OVI to a non-moving violation, and the Administrative License Suspension was terminated, so our client’s CDL was not disqualified.

Charge of Aggravated Menacing Reduced. Our client was involved in a road rage incident. After the incident, the other driver called the police and claimed our client threatened the driver with a gun. Our client was arrested and charged with Aggravated Menacing.

We contested the case. There was no evidence to corroborate the other driver’s claim our client had a gun and threatened to use it. There was evidence which tended to negate the driver’s claim. The prosecution reduced the charge of Aggravated Menacing to a charge of Disorderly Conduct. Our client was ordered to serve one day in jail with credit for the one day already served.

DUI/OVI Reduced, and License Suspension Terminated. After a night at the casino, our client was approached by police officers while parked in the police station annex parking lot. The officers observed the odor of alcohol, and our client acknowledged consuming alcohol. The officers had our client perform field sobriety tests, and our client refused a breath test. Our client was charged with OVI and subjected to a one-year Administrative License Suspension for refusing the breath test.

We entered a plea of Not Guilty. The evidence revealed the officers did not observe any impaired driving, and the officers did not observe much evidence of intoxication during their contact with our client. There was no slurred speech, no glassy/bloodshot eyes, no problem with coordination, and no problem with mental processing. However, our client performed poorly on the field sobriety tests. The prosecution ultimately reduced the OVI to a no-points violation and agreed to terminate the one-year Administrative License Suspension.

DUI/OVI Reduced for Medical Professional. Our client was involved in a one-car accident. Medics found our client unconscious and revived him with Narcan. The medics also found a baggie containing a white powdery substance. Officers arrived and observed evidence of drug intoxication. The officers arrested our client and interviewed him at the hospital. Our client was barely conscious and reportedly refused a urine test. The officer charged our client with OVI and Failure to Control. Our client was concerned an OVI conviction would impact his employment.

We pled Not Guilty and reviewed the evidence. The evidence showed the officers did not complete a meaningful investigation before arresting our client. The body cam videos demonstrated our client did not knowingly refuse a urine test. The white powdery substance was not tested. The prosecution would have difficulty proving our client was under the influence of a drug. The prosecution dismissed the charge of Failure to Control and reduced the OVI to Reckless Operation.

OVI Avoided for Underage Driver. A police officer observed our client observe multiple traffic violations, including loud exhaust, speeding, failing to signal, and stopping past the stop bar. The officer initiated a traffic stop and talked with our client. The officer smelled alcohol and saw that our client’s eyes looked glossy. Our client admitted consuming alcohol, and our client was 19 years old. The officer administered sobriety tests and arrested our client. The officer then learned the passenger in our client’s vehicle was under 18. The officer charged our client with OVI, Operating a Vehicle after Under Age Consumption (OVUAC), Reckless Operation, and Endangering Children.

We contested the case and requested discovery from the prosecution. The discovery showed it was questionable whether the officer was justified in detaining our client for field sobriety testing. The discovery also showed that our client had good balance, coordination, and mental processing, and our client took a breath test with a result of .075. The prosecution dismissed the charges of OVI, Reckless Operation, and Endangering Children, and our client pled guilty to OVUAC.

Favorable Result in Case of OVI and Improperly Handling Firearms. Our client was stopped for speeding. The officer smelled the odor of marijuana, and our client acknowledged smoking marijuana that day. Our client also acknowledged there was a loaded handgun in the vehicle. The officer administered field sobriety tests, arrested our client, and found marijuana in the vehicle. Our client consented to a urine test. Our client was charged with OVI, Improperly Handling Firearms in a Motor Vehicle, Marijuana Possession, and Speed.

We entered a plea of Not Guilty and reviewed the evidence. The evidence showed our client did not appear to be obviously under the influence, and we had studies indicating the field sobriety tests are invalid for marijuana/THC. The prosecution dismissed the charges of Marijuana and Speed, reduced the OVI to a non-moving violation, and reduced the felony Improperly Handling Firearms to a misdemeanor.

Expungement Granted. Nearly 20 years ago, our client was charged with Domestic Violence and pled guilty to a reduced charge of Criminal Mischief. In 2023, our client desired to have the case records sealed-expunged, so we filed an application to seal/expunge the records. Despite the age of the case, the prosecution filed an objection. The prosecution’s objection was the same as one we encountered a month or two prior. We again argued a case that old should not haunt our client indefinitely, so the records should be sealed/expunged. The judge agreed and granted the expungement over the prosecution’s objection.

Underage Alcohol Possession Cases Dismissed. We represented multiple clients who were charged with Underage Alcohol Possession (‘Offenses Involving Underage Persons’) at the Morgan Wallen concert. Arresting people for that offense at that concert was like shooting fish in a barrel. In each case, our client completed a diversion program, and the case was dismissed. After a waiting period, each client will be able to apply to have the case records sealed.

SEPTEMBER, 2023

OVI Charge Dismissed. A police officer stopped our client for speeding. While talking with our client, the officer observed the odor of alcohol coming from the vehicle. The officer asked our client about drinking alcohol, and our client said he drank three beers over the course of two hours. The officer had our client perform field sobriety tests. After the tests, the officer arrested our client and took him to a police station. At the station, our client took a breath test, and the result was .079 (just under the ‘legal limit’). Our client was charged with Speed and OVI ‘Impaired’.

We contested the case and obtained discovery from the prosecution. The discovery showed our client did reasonably well on the field sobriety tests. More importantly, our client did not look or sound obviously intoxicated. The prosecutor acknowledged the weakness of the evidence against our client. The prosecutor dismissed the charge of OVI, and our client pled guilty to the charge of Speed.

Felony charge of Improperly Handling Firearms Reduced. Our client was stopped by a police officer for speeding. The officer administered sobriety tests and arrested our client. The officer found two loaded handguns in the vehicle. Our client submitted to a urine test, and the test showed an alcohol level of .330 Our client was charged with four felony counts of Improperly Handling Firearms. Two of the charges were based on our client being ‘under the influence’ while having a loaded handgun in the vehicle, and two of the charges were based on our client being ‘over the limit’ while having a loaded handgun in the vehicle.

We entered a plea of Not Guilty and reviewed the evidence. We also filed a motion asking the court to suppress the results of the field sobriety tests and the urine test. Before litigating that motion, the prosecution made an offer for a plea agreement which our client accepted. The prosecution dismissed three of the charges and reduced the remaining charge to a misdemeanor.

Domestic Violence Case Dismissed. Our client had been drinking and got into an argument with her husband. Her husband called the police and explained our client threw beer cans and slapped him. The police arrived, arrested our client, and charged her with Domestic Violence. The husband did not really want our client to be prosecuted, and there was a question of whether our client caused physical harm. They both agreed our client needed treatment for her underlying alcohol abuse. While the case was pending, our client participated in substance abuse treatment. Given our client’s efforts to address the underlying problem and the reluctance of the prosecuting witness to testify, the prosecution dismissed the case entirely.

Expungement Granted Over Prosecutor’s Objection. Our client was originally charged with Domestic Violence and ultimately pled guilty to a reduced charge of Criminal Mischief. Several years later, our client hired us to file for expungement/record sealing. In most cases, the prosecution does not object. In cases involving Domestic Violence, however, the prosecution sometimes objects. In this case, the prosecution filed a written objection and argued against expungement at the hearing. The prosecutor’s argument was, essentially, the records should not be expunged because law enforcement should be able to see that our client was previously charged with Domestic Violence. We argued that a criminal record should not haunt a person forever, it had been several years since the incident, and our client’s interest in having the records expunged outweighed the government’s interest in maintaining the records. The judge agreed and ordered expungement of the records.

AUGUST, 2023

DUI/OVI and Marijuana Possession Dismissed. A police officer stopped our client for a license plate violation. While speaking with our client, the officer smelled the odor of marijuana. The officer also noticed our client’s eyes were red and his face was flush. The officer asked our client about smoking marijuana, and our client said he had not smoked any for a couple weeks. The officer administered field sobriety tests and arrested our client. The officer found marijuana in our client’s vehicle. At the police station, our client was charged with OVI for operating a vehicle under the influence of marijuana, as well as Marijuana Possession and a license plate violation.

We contested the case and reviewed the evidence. The evidence showed our client performed well on the field sobriety tests. The evidence also showed the passenger in the vehicle admitted smoking marijuana not long before the stop, and the passenger admitted the marijuana in the vehicle was hers. The prosecution dismissed the charges of OVI and Marijuana Possession, and our client pled guilty to the license plate violation.

Reduction in Felony Charges of Improperly Handling Firearms. Our client was stopped for speeding, and our client had two loaded firearms in the vehicle. The officer believed our client was under the influence, so the officer administered sobriety tests. The officer arrested our client, and our client submitted a urine sample. The urine test showed our client’s urine alcohol concentration was .330. Our client was indicted for four counts of Improperly Handling Firearms. Two charges were based on being ‘under the influence’, and two charges were based on being ‘over the limit’.

We entered a plea of Not Guilty and requested discovery. The videos obtained in discovery showed our client did not appear obviously intoxicated, and the admissibility of the urine test was questionable. We filed a motion to suppress the results of the urine test. Before we had a hearing on that motion, the prosecution dismissed three charges of Improperly Handling Firearms and reduced the remaining charge to a misdemeanor.

Domestic Violence and Assault Dismissed. Our client got into an argument with his wife and bumped into her going up the stairs. Our client was very upset, and his wife called the police. The police charged our client with Domestic Violence, Assault, and Disorderly Conduct.

We contested the case. Our investigation showed the prosecution’s case was weak. As the case was pending, our client completed an anger management class. Also while the case was pending, our client’s wife informed the prosecution she did not want to see her husband prosecuted. The prosecution ultimately dismissed the case entirely.

DUI/OVI Reduced In Drugged Driving Case. Our client was stopped for a Marked Lanes violation, and the officer smelled the odor of marijuana coming from the car. The officer also observed our client’s eyes were bloodshot, and our client’s speech was slow. The officer administered the Horizontal Gaze Nystagmus test and two field sobriety tests designed to detect drugged driving. The officer arrested our client, and our client refused a urine test. The officer charged our client with marked lanes and OVI.

We entered a plea of Not Guilty. After receiving discovery from the prosecution, we filed a motion to suppress evidence. The judge held a hearing on our motion, and the hearing exposed the weaknesses in the prosecution’s case. The prosecution dismissed the charge of Marked Lanes and reduced the charge of OVI to a non-moving violation.

Underage Alcohol Possession Expunged. Our client was previously charged with Underage Alcohol Possession and had the case dismissed. Part of the dismissal agreement was our client would wait one year before applying to have the case records sealed. During that time, Ohio law changed to provide for expungement (physical destruction of the records) in addition to record sealing. We applied for both record sealing and expungement, then appeared at a hearing on our client’s behalf. Our request was granted, so the records were sealed and expunged.

DUI/OVI with Accident Reduced. Our client rear-ended another vehicle. Medics and officers went to the scene and helped our client to an ambulance. In the ambulance, the officers observed symptoms of alcohol intoxication. The officers questioned our client in the ambulance and again in the hospital. Our client acknowledged drinking alcohol. The officers learned from hospital staff that our client’s blood alcohol concentration was very high. The officers charged our client with OVI (with accident).

We contested the charge. The evidence showed that, during the accident, our client hit his head on the windshield hard enough to cause a spider web crack. The head injury would be expected to present with symptoms similar to alcohol intoxication. The officers did not obtain a blood sample or the medical records, and the hospital staff’s statement regarding our client’s blood alcohol concentration would be inadmissible in court. With these circumstances, the prosecution reduced the OVI to Reckless Operation, and the sentence was a $25 fine.

Charge Reduced in Drugged Driving Case. Our client was involved in a minor two-car accident. Officers investigated the accident and noticed our client appeared to be impaired. The officers administered sobriety tests, and our client performed poorly. The officers arrested our client and charged our client with OVI (drugged driving-prescription medication) and Assured Clear Distance Ahead.

We investigated the case. We obtained evidence that our client took several prescribed medications for various health problems. On the morning of the accident, our client accidentally took a sleeping pill which looks nearly identical to his blood pressure medication. Our client felt fine until driving home a few hours later. Although our client was under the influence, it was not on purpose. The prosecution ultimately dismissed the charge of Assured Clear Distance Ahead and reduced the OVI to Reckless Operation.

Second DUI/OVI Reduced, D.U.S. Dismissed. Our client drove into a residential yard and got stuck. Medics and police offices went to the scene and talked with our client. They noticed that our client had problems with his balance and speech. Our client performed poorly on field sobriety tests and blew a .202 on a breath test. Our client had a prior conviction within the last ten years, so our client was charged with a second-offense OVI. While the case was pending, our client was caught driving and charged with Driving Under Suspension. Our client was facing at least 23 days in jail, as well as a license suspension up to seven years, yellow license plates, and an ignition interlock device.

We entered a plea of Not Guilty and reviewed the evidence. The body cam videos revealed the medics and officers questioned whether our client was experiencing a medical condition which caused the impairment. The evidence for the Driving Under Suspension charge showed our client was driving for a legitimate medical need. The prosecution dismissed the charge of Driving Under Suspension and reduced the OVI to a stipulated first offense. Our client received a one-year license suspension, no jail time, no yellow license plates, and no ignition interlock.