2023-Recent Case Results (January-June)

JUNE, 2023

DUI/OVI Completely Dismissed.  Officers were dispatched to our client’s residence on the report of a missing person.  The officers read texts on our client’s phone and believed they may need to detain our client as a community care-taking function.  The officers detained our client as our client pulled into the garage.  The officers smelled the odor of alcohol and asked our client to perform sobriety tests.  Our client declined.  The officers arrested our client, and our client blew a .118 on a breath test, so our client was charged with OVI.

We entered a plea of Not Guilty and obtained discovery from the prosecution, including the officers’ body cam videos.  The videos showed the officers did not have sufficient evidence to believe they were performing a community care-taking function.  The videos further showed the officers detained our client without a reasonable suspicion that our client was under the influence.  We detailed these issues in a motion to suppress.  The prosecution agreed with our arguments and completely dismissed the case.

Second-Offense High-Test DUI/OVI Reduced.  A police officer observed our client drive over the lane line multiple times and make an illegal U-turn.  The officer stopped our client and suspected our client was under the influence of alcohol.  The officer administered field sobriety tests and arrested our client.  Our client took a breath test, and the result was .230.  Our client had a prior OVI conviction within ten years, so the officer charged our client with a second-offense OVI.  As the breath test result was over .170, this was a high-test OVI.  That meant our client was facing at least 20 days in jail, vehicle immobilization, and a license suspension for up to seven years, and yellow license plates.

We contested the case and reviewed the evidence.  The evidence showed the admissibility of the sobriety tests and breath test were both questionable.  We filed a motion to suppress that evidence.  Rather than litigate the motion, the prosecution stipulated the OVI was a first offense and not a high test.  Our client served no jail term, served a one-year driver license suspension, and avoided vehicle immobilization and yellow license plates.

Underage Alcohol Possession Case Dismissed.  Our client went to a concert in Columbus.  While our client was holding an alcoholic beverage, an undercover officer approached and asked for identification.  Our client did not have identification, but an id check showed our client was under age 21.  The officer charged our client with Underage Alcohol Possession.

We took a two-part approach to the case.  We requested that our client be screened for a diversion program, and we requested discovery from the prosecution so we could contest the case if our client was not granted diversion.  Our client was granted diversion.  Our client completed the program, and the case was dismissed.  

Charge Reduced in First-Offense DUI/OVI.  Our client was stopped for speeding and Marked Lanes.  The officer observed the usual evidence trilogy:  odor of alcohol, glassy eyes, and slurred speech.  Our client performed standardized field sobriety tests and refused a breath test.  Our client was charged with a first-offense OVI and two minor traffic offenses.

We obtained discovery from the prosecution and reviewed it closely.  The discovery showed our client had coherent conversation with the officer, performed reasonably well on the standardized field sobriety tests, and had no other problems with balance and coordination.  The prosecution reduced the OVI charge to a non-moving offense.

Drugged Driving Case Reduced.  Our client went to pick up another person who was arrested.  The arresting officer observed the odor of marijuana coming from our client’s car.  The officer administered sobriety tests and arrested our client.  Our client submitted a urine sample, and the sample was analyzed by a crime lab.  The urine test result was ‘over the limit’ for marijuana metabolites.  Our client was charged with OVI based on drugged driving.

We investigated the case.  Our investigation showed the prosecution had no evidence of bad driving, our client passed on standardized field sobriety test, and our client could not be expected to complete the other two standardized field sobriety tests for medical reasons.  The prosecution amended the OVI charge to a no-points offense with no driver license suspension.

First-Offense DUI/OVI Reduced.  An officer stopped our client for driving outside the marked lanes and stopping past a stop bar.  The officer smelled the odor of alcohol and saw that our client’s eyes looked bloodshot and glassy.  The officer had our client get out of the vehicle for field sobriety tests.  The officer arrested our client, and our client’s breath test result was .122.  The officer charged our client with a first-offense OVI, as well as Marked Lanes and Stop Bar.  

We entered a Not Guilty plea and obtained evidence from the prosecution.  The evidence revealed the officer did not observe any indication of impaired driving while our client was operating the vehicle.  The evidence also demonstrated our client spoke well, did not have any problems with mental processing, and overall had good balance and coordination.  The prosecution dismissed the charges of Marked Lanes and Stop Bar and reduced the charge of OVI to a non-moving violation.

Records Sealed for Underage Alcohol Consumption.  Our client was charged with Underage Alcohol Consumption.  We provided representation, and the case was dismissed.  As part of the dismissal agreement, our client was required to wait one year before applying to seal the case records.  After the waiting period expired, we filed an application to seal the case records.  We appeared at the hearing, the judge granted our application, and the official case records were sealed.

APRIL, 2023

Domestic Violence Case Dismissed.  Our client was involved in an argument with his girlfriend.  They lived together, so they were considered ‘family or household members’.  The argument became physical.  Our client left the residence, and his girlfriend called the police.  She reported that our client assaulted her.  The police filed a complaint charging our client with Domestic Violence and Assault.  With the complaint, the police obtained an arrest warrant.  The police arrested our client and took him to jail.

We attended our client’s first court appearance, and he was released without having to post bail.  Our review of the case suggested a trial would be he said - she said.  Before the case reached the trial stage, the girlfriend showed-up at our client’s new residence and assaulted him.  This time, she was charged with Domestic Violence and Assault.  On the day our client’s case was scheduled for trial, the case was dismissed.

Second DUI/OVI Offense with Refusal Reduced.  A caller told the police our client was passed-out in his vehicle in a hotel parking lot.  An officer went to the scene and woke our client.  The officer observed our client had red/glassy eyes and slurred speech.  The officer also smelled the odor of alcohol, so the officer ordered our client out of the vehicle.  Our client nearly fell getting out.  The officer asked our client to perform sobriety tests, and our client declined.  The officer arrested our client, and our client refused to take a breath test.  Our had a prior OVI conviction within ten years, so our client was charged with a second-offense OVI and Test Refusal with Prior Conviction.  He was a facing a minimum of 20 days in jail, a driver license suspension for up to seven years, vehicle immobilization, yellow license plates, and an ignition interlock device

We contested the case.  We learned the caller was anonymous, so the tip had less reliability.  We also learned no named witnesses observed our client operate the vehicle.  We negotiated with the prosecutor.  The prosecution’s evidence seemed weak, but our client was facing serious consequences if convicted, so both sides had incentive to settle.  The settlement was that our client pled guilty to OVI as a stipulated first offense, completed a driver intervention program, served no jail term, and served a one-year driver license suspension.

Criminal Damaging Case Dismissed.  Our client went to the Hollywood Casino and was the victim of a road rage incident.  After the incident, our client keyed the car of the other driver.  The incident was caught on video, as many casino crimes are.  Our client was charged with Criminal Damaging.  We explained the situation to the prosecutor and arranged to pay for the damage to the other driver’s vehicle.  In exchange for payment of restitution, the case was completely dismissed.

DUI/OVI & License Suspension Reduced.  Our client was stopped for driving 94 mph in a 55 mph zone.  The officer observed signs that our client was under the influence of alcohol.  The officer administered one field sobriety test but did not administer the other two standardized tests due to the weather conditions.  The officer arrested our client, charged our client with OVI and Speeding, and imposed a one-year Administrative License Suspension because our client refused a breath test.

We entered a Not Guilty plea and obtained discovery from the prosecution.  The discovery showed the one field sobriety tests was not administered correctly, and our client did not appear on video to be obviously under the influence.  The prosecutor dismissed the charge of Speeding and amended the OVI to a no-points offense.  The one-year Administrative License Suspension was replaced with a six-month driver license suspension.

First-Offense DUI/OVI Resolved Favorably.  Our client was stopped for speeding and changing lanes without using a turn signal.  When the officer spoke with our client, the officer detected the odor of alcohol.  The officer also observed glassy/bloodshot eyes.  The officer arrested our client, and our client refused a breath test.  The officer charged our client with a first-offense OVI and a turn signal violation.  The officer also imposed a one-year Administrative License Suspension for the breath test refusal.

We appeared at the arraignment and got our client’s driver license returned.  We reviewed the evidence and determined the prosecution’s case was weak.  On the videos, our client did not seem to be under the influence.  It appeared the arresting officer only noted the evidence consistent with intoxication and ignored the evidence inconsistent with intoxication.  We also found the officer made a mistake in imposing the Administrative License Suspension (ALS).  The prosecution agreed with our assessment.  The ALS was terminated, the turn signal violation was dismissed, and the first-offense OVI was reduced to a non-moving violation with no license suspension.

Domestic Violence Charge Reduced.  Our client’s teen-age child was displaying behavior issues.  After our client took the child’s cell phone, the child contacted the police and reported that our client got physical and caused physical harm.  Our client was charged with Domestic Violence.

We pled Not Guilty and investigated the case.  We learned the child admitted to making-up the allegation but also claimed there was Domestic Violence on another occasion.  The case seemed promising for a jury trial.  Our client, however, chose to not have his family endure a traumatic trial.  As an agreed resolution, the prosecution reduced the charge of Domestic Violence to a charge of Criminal Mischief.

DUI/OVI 'Per Se' Reduced.  An officer made a traffic stop because our client was speeding and driving with a burned-out headlight.  The officer observed typical signs of alcohol impairment and administered sobriety tests.  The officer arrested our client, and our client’s breath test result was .081.  As the breath test result was ‘over the limit’, our client was subjected to an Administrative License Suspension and was charged with OVI ‘per se’, OVI ‘impaired’, speeding, and a headlight violation.

We appeared at the arraignment and obtained a stay of the Administrative License Suspension, so our client was able to drive unrestricted while the case was pending.  We investigated the case and determined the prosecution would be unable to prove guilt on the OVI ‘per se’.  We also determined the prosecution’s ability to prove guilt on the OVI ‘impaired’ was questionable.  The prosecution dismissed the charge of OVI ‘per se’, as well as the speeding and headlight violations.  The prosecution also amended the OVI ‘impaired’ to a non-moving violation (with no license suspension) and agreed to terminate the Administrative License Suspension.

Second-Offense DUI/OVI with Refusal Reduced.  After leaving a bar, our client was stopped by an officer for a Marked Lanes violation.  The officer smelled the odor of alcohol, as well as the cover-up odors of coffee and gum.  Based on those odors, as well as slurred speech and glassy eyes, the officer got our client out of the car and administered field sobriety tests.  Our client performed poorly on the tests.  The officer arrested our client, and our client refused a breath test.  Our client had a prior conviction for OVI, so our client was charged with OVI ‘Test Refusal with Prior Conviction’, second-offense OVI, and Marked Lanes.

We entered a plea of Not Guilty and looked into the case.  We found some problems with the field sobriety test administration and filed a motion to suppress those tests and other evidence.  The prosecution dismissed the charges of Marked Lanes and OVI ‘Test Refusal with Prior Conviction’, and the prosecution amended the OVI ‘impaired’ to a no-points violation.

Commercial Driver with OVI Saves CDL.  Our client is a truck driver with a commercial driver’s license (CDL).  Our client was stopped by a police officer for a Marked Lanes violation.  The officer smelled the odor of alcohol coming from our client and saw that our client's eyes were bloodshot and glassy.  Our client admitted to having several drinks.  The officer administered the Horizontal Gaze Nystagmus test and arrested our client.  Our client refused a breath test.  Our client was charged with OVI and was subjected to an Administrative License Suspension for refusing the breath test.  Having either an OVI conviction for a commercial driver or a license suspension for a commercial driver results in a disqualification of the CDL.

We appeared in court with our client and obtained a stay of the license suspension, so our client was able to drive while the case was pending.  We then investigated the case and prepared a defense to the OVI.  The defense was strong.  Ultimately, the prosecution reduced the OVI to a no-points traffic offense and agreed to terminate the Administrative License Suspension.  As a result, our client’s CDL was not disqualified.

Reduction for Second-Offense High-Test OVI.  An officer stopped our client for driving left of center.  The officer observed signs indicating our client may be under the influence, so the officer had our client exit the vehicle.  The officer administered standardized field sobriety tests and observed clues of intoxication.  Our client took a breath test, and the result was .170.  Our client had a prior OVI conviction within ten years, so our client was charged with a second-offense OVI.  Because the breath-test result was considered a ‘high test’, our client was facing at least 20 days in jail, a license suspension up to seven years, vehicle immobilization, yellow license plates, and installation of an ignition interlock device

We contested the case.  The evidence showed the prosecution could not prove the breath test was a high test, and our client did not appear to be obviously intoxicated.  We filed a motion to suppress evidence, including the breath test.  The prosecution amended the OVI to stipulate it was a first offense in ten years and was not a high-test OVI.  The sentence included no jail, a one-year license suspension, no vehicle immobilization, and no yellow license plates or ignition interlock device.

OVI with Breath Test Reduced.  Our client was stopped for failing to signal a right turn.  The officer observed the odor of alcohol and bloodshot/glassy eyes, and our client acknowledged consuming alcohol.  Our client declined to perform sobriety tests, so the officer arrested our client and took our client to a police station.  There, our client took a breath test, and the result was .102.  Our client was charged with OVI ‘impaired’, OVI ‘per se’ (based on the breath test), and a turn signal violation.

We pled Not Guilty and investigated the case.  We obtained medical records corroborating our client’s reason for declining sobriety tests.  We also obtained medical records showing our client had a diminished lung capacity, and we produced scientific literature concluding the diminished lung capacity can inflate the result of a breath test.  The prosecution dismissed the charge of OVI ‘impaired’ and the turn signal violation.  Our client pled guilty to the lesser charge of Reckless Operation with no jail term and no license suspension.

OVI with Accident Reduced.  Our client lives in another country and was in Columbus temporarily when our client collided with a pole.  The airbags deployed, and our client lost consciousness.  An officer responded to the accident scene and woke our client.  The officer suspected our client was under the influence of alcohol, so the officer administered field sobriety tests.  The officer arrested our client but did not request a breath/blood/urine test.  The officer charged our client with Failure to Control and OVI.  Our client returned home (out of the country).

We entered a Not Guilty plea on our client’s behalf.  We then obtained discovery from the prosecution.  Our defense was that the officer mistook the symptoms of our client’s head injury for signs of intoxication.  The charge of Failure to Control was dismissed, and the charge of OVI was reduced to a no-points offense.  We were able to enter a guilty plea on our client’s behalf, so our client did not have to travel to Columbus for court.

Child Endangering Dismissed and DUI/OVI Reduced.  Callers reported that our client was driving recklessly.  Law enforcement officers made contact with our client, and our client had grandchildren in the car.  The officers suspected our client was under the influence of alcohol.  The officers administered one field sobriety test but decided not to administer additional tests due to our client’s age.  The officers arrested our client, and our client refused a breath test.  The officers charged our client with Child Endangering and OVI.

We entered a plea of not guilty and reviewed the evidence.  The evidence showed the one field sobriety test was administered improperly and was likely inadmissible.  With no admissible sobriety tests, and with our client’s age accounting for signs of possible intoxication, the prosecution’s case was not strong.  The prosecution dismissed the charge of Child Endangering and reduced the charge of OVI to a charge of Reckless Operation.

DUI/OVI and Weapons While Intoxicated Dismissed.  Our client got into an argument with his girlfriend.  The girlfriend called the police and reported our client was driving drunk.  A police officer found our client and had him get out of the vehicle.  Our client declined field sobriety tests and a breath test.  The officer found an unloaded handgun on our client’s person and an open container of alcohol in the vehicle.  The officer also obtained a search warrant for a sample of our client’s blood.  Our client was charged with OVI, Using Weapons While Intoxicated, and Open Container.

We contested the case and reviewed the discovery materials from the prosecution.  Based on that review, we filed a motion to suppress evidence.  Our primary argument was the officer did not have probable cause to arrest our client because the information obtained from the girlfried was stale by the time the officer made contact with our client.  On the day of the motion hearing, the prosecution acknowledged the lack of probable cause.  The prosecution dismissed the charges of OVI and Weapons While Intoxicated, and our client pled guilty to the charge of Open Container.

Disorderly Conduct Record Sealed.  Our client was charged with Domestic Violence and Assault.  Ultimately, the charge of Domestic Violence was dismissed, the charge of Assault was reduced to a charge of Disorderly Conduct, and our client pled guilty to Disorderly Conduct.  

Our client decided to apply to have the record sealed so it would not affect his charity fund-raising efforts.  We filed an application to have the case records sealed.  The judge held a hearing and granted the application, so there is now no public records for the cas.

Theft Charge Dismissed.  Our client was apprehended for shoplifting clothes at a retail store.  The store detective informed our client they had observed our client shoplifting on multiple previous occasions.  The police were called, and a complaint was filed charging our client with Theft.

We requested that our client be permitted to complete a diversion program.  We also requested discovery from the prosecution so we were prepared to litigate the case if our client was not granted diversion.  Based on the prior theft offenses for which our client was not apprehended, we suspected our client may not be granted diversion.  However, our client was granted diversion.  Our client completed the diversion requirements, and the case was dismissed.