2009-Recent Case Results

DISCLAIMER: The results achieved in past criminal defense cases and drunk driving defense cases is not necessarily indicative of the results that may be achieved in your case because the facts of every case are unique.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.

WEEK OF DECEMBER 28, 2009

Hit-Skip and O.V.I. (high-test) charges dismissed. My client was charged in the Upper Arlington Mayor’s Court with Hit-Skip, Failure To Control, O.V.I. (high-test), and O.V.I. (impaired). The prosecutor dismissed the charges of Hit-Skip, Failure To Control, and O.V.I. (high-test), so my client avoided the mandatory jail sentence and mandatory yellow plates associated with the charge of O.V.I. (high-test), as well as the mandatory license suspension associated with the charge of Hit-Skip.

Multiple O.V.I. Offender’s Charges Dismissed/Amended. My client had multiple alcohol-related convictions and was charged with O.V.I., Breath Test Refusal With Prior Conviction, Marked Lanes, and Speed. The charge of Breath Test Refusal With Prior Conviction was dismissed (avoiding at least 20 days in jail), the charge of Marked Lanes was dismissed, and the charge of O.V.I. was amended to a charge of Physical Control. My client pled guilty to the charge of Physical Control and the charge of Speed and will not serve any time in jail, so long as he satisfactorily completes alcohol counseling.

Charge Of High-Test O.V.I. Dismissed. My client was charged with O.V.I. (high-test), O.V.I. (impaired), and Marked Lanes. The charges of O.V.I. (high-test) and Marked Lanes were dismissed, and my client pled guilty to the charge of O.V.I. impaired, avoiding the mandatory additional jail sentence and mandatory yellow plates associated with the high-test charge.

Student’s Felony Charge Reduced To Misdemeanor. My client, a student, was charged with felony Theft for stealing a car and Obstructing Official Business for running from the police. The charge of Obstructing Official Business was dismissed, and the felony charge of Theft was amended to a misdemeanor charge of Unauthorized Use of a Motor Vehicle.

Charge of Hit-Skip Amended. My client was charged with Hit-Skip and Assured Clear Distance Ahead in the Franklin County Municipal Court. The other driver involved in the accident alleged that my client left the scene because she was drunk. After I subpoenaed the police officers to testify at trial (they did not observe any signs of intoxication), the charge of Assured Clear Distance Ahead was dismissed, and the charge of Hit-Skip was amended to a charge of Reckless Operation.

O.V.I. Charge Not Prosecuted. My client was charged with O.V.I. and Speed in Worthington, Ohio. The charge of Speed was dismissed, and the charge of O.V.I. was resolved with a bond forfeiture, so there was no conviction on my client’s record.

School Teacher’s Domestic Violence Charge Dismissed. My client, a grade-school teacher, was charged with Domestic Violence and Assault. Following negotiations with the prosecutor, the charge of Domestic Violence was dismissed, and the charge of Assault was amended to a charge of Disorderly Conduct.

License Plate Violation Dismissed. My client was charged with two license plate violations. One charge was dismissed, and my client forfeited bond on the other charge, so there was no conviction.

O.V.I. From Accident Amended to Reckless Operation. My client was charged with two charges of O.V.I. and Failure To Control following a one-car accident and a breath test over .08. The charge of Failure To Control was dismissed, one charge of O.V.I. was dismissed, and the remaining charge of O.V.I. was amended to a charge of Reckless Operation.

O.V.I. Charge Resolved With Bond Forfeiture. My client was charged with O.V.I.-impaired and O.V.I.-Breath. Following negotiations, the prosecuting attorney agreed to not prosecute the charges, and client agreed to forfeit the posted bond, so there is no conviction.

Fugitive Warrant Dismissed. A prosecutor’s office in another state issued an arrest warrant for my client who resides in Ohio, and that state was seeking to extradite my client. My client was released, arranged to have the warrant lifted in the other state, and the extradition proceedings in Ohio were dismissed.

College Student’s O.V.I. Charge Reduced. My client, a college student, was charged with O.V.I. and No Headlights. On the day the case was scheduled for trial, the charge of No Headlights was dismissed, and the charge of O.V.I. was reduced to a charge of Reckless Operation.

Driving Under O.V.I. Suspension Dismissed. My client was charged with Driving Under an O.V.I. Suspension, an offense with a mandatory jail sentence and license suspension. After negotiations with the prosecutor, the case was dismissed in exchange for payment of court costs.

Underage Consumption Charge To Be Dismissed. My client was charged with Underage Alcohol Consumption. My client will complete a diversion program, and the charge will be dismissed.

O.V.I. Charge Dismissed At Trial. My client was charged with O.V.I. and a license plate violation. The trooper that wrote the ticket was not available on the day of the trial, and the case had been continued multiple times, so both charges were dismissed.

Juvenile’s O.V.I. Charge Dismissed. My client was charged with O.V.I. and Improper Turn in the Franklin County Juvenile Court. After a close review of the video and motions to suppress evidence, the charge of O.V.I. was dismissed, and my client admitted to the charge of Improper Turn.

Not Guilty Verdict In Felonious Assault Trial. My client was accused of attempting to cause physical harm with a deadly weapon for allegedly shooting at a Columbus Police Officer. We conceded that my client shot the gun and argued that he did so to scare the officer, not harm the officer. The jury returned a verdict of Not Guilty in the Franklin County Common Pleas Court.

Probation Violation Resolved Favorably. My client had been convicted of O.V.I. in the Hilliard Mayor's Court and was placed on probation. While he was on probation, he was convicted in another court of Physical Control Under The Influence, so he was charged with a probation violation. The probation violation was resolved with community service and no jail sentence.

O.V.I. Charge Reduced. My client, a self-employed business owner, was charged with O.V.I. in the Worthington Mayor's Court. Another motorist reported that my client was driving erratically, so my client was pulled over, took field sobriety tests, and attempted twice to take the breath test. Following a close examination of the field sobriety tests and invalid samples on the breath-testing machine, the charge of O.V.I. was amended to a charge of Reckless Operation.

O.V.I. Trial Ends In Not Guilty Verdict. My client, a 20-year-old student, was charged with O.V.I. (breath), O.V.I. (impaired), and Speeding. After a hearing on our motion to suppress the breath test, the breath test was suppressed. We had a three-day trial on the charge of O.V.I. (impaired). Following a 30-minute deliberation, the jury returned a verdict of Not Guilty.

Repeat O.V.I. Offense Reduced. My client from Hilliard, Ohio was charged with a second O.V.I. offense within six years, as well as Breath Test Refusal With Prior Conviction and Left Of Center. The charges of Breath Test Refusal With Prior Conviction and Left of Center were dismissed, and the charge of O.V.I. was treated as a first offense.

Record Sealed For Domestic Violence Case. My client was originally charged with Domestic Violence and Assault. The charge of Domestic Violence was dismissed, and the charge of Assault was reduced to a charge of Disorderly Conduct. We petitioned to have the record sealed (expunged), and our request was granted, so there is no longer a public record for the case.

Shoplifting Charge Dismissed. My client was charged with Theft for shoplifting at a department store in Westerville, Ohio. My client completed a theft offender program, and the charge of Theft was dismissed. The record for the case in the Franklin County Municipal Court was ultimately sealed (expunged).

Hit-Skip Charge Reduced. My client from Delaware was charged in the Franklin County Municipal Court with Hit-Skip and Failure To Control. The charge of Failure To Control was dismissed, and the charge of Hit-Skip was reduced to a charge of Reckless Operation.

Business Owner’s O.V.I. Amended. My client, a local business owner, was charged with O.V.I. and No Headlights in the Gahanna Mayor’s Court. The headlights charge was dismissed, and the charge of O.V.I. was amended to a charge of Reckless Operation.

Breath Test Suppressed. My client was charged with O.V.I. (breath), O.V.I. (impaired), and Speeding. We filed a motion to suppress the breath test, and a hearing was held on that motion. We argued that the breath test should be thrown out because the officer that administered the breath test did not have a valid permit (it expired before he renewed it). The judge agreed and suppressed evidence regarding the breath test.

Repeat O.V.I. Offense Dismissed. My client had four prior O.V.I. convictions and was on probation for the last conviction. In this case, he was charged with high-test O.V.I., O.V.I. (impaired), Marked Lanes, and Seatbelt. My client pled guilty to O.V.I. (impaired) as a stipulated first offense, the remaining charges were dismissed, and probation was restored.

O.V.I. Charge Amended. My client was charged with O.V.I. (breath), O.V.I. (impaired), Speeding, and Marked Lanes. The charges of Speeding, Marked Lanes, and O.V.I. (impaired) were dismissed, and the charge of O.V.I. (breath) was amended to a charge of Physical Control.

Motion Hearing Leads To Reduction Of Charge. My client was charged in the Franklin County Municipal Court with High-Test O.V.I. We filed motions to suppress evidence, and a hearing was held on those motions. At the conclusion of the hearing, the charge of high-test O.V.I. was amended to a non-moving offense with no points.

High-Test O.V.I. Dismissed. My client was charged in Worthington with O.V.I. (high test) and O.V.I. (impaired), as well as Speed and Failure To Control. In court in Franklin County, the charges of Speed, Failure to Control, and O.V.I. (high-test) were dismissed, and my client pled guilty to the charge of O.V.I. impaired, avoiding the mandatory yellow plates and jail sentence.

Nurse’s Felony Theft in Delaware County To Be Dismissed. For a shoplifting incident in Lewis Center, my client was charged with felony Theft. Following conferences with the investigating detective and prosecutor’s office, my client was accepted into a diversion program. After my client completes the program, the charge will be dismissed, and there will be no record of the offense.

Drug Charges Dismissed In Franklin County. After my client’s home in Westerville was searched, he was charged with Marijuana Possession and Drug Paraphernalia Possession. In the Franklin County Municipal Court, the charge of Drug Paraphernalia was dismissed, and the charge of Marijuana Possession was amended to a charge of Disorderly Conduct. My client paid a small fine and did not lose his driver’s license.

Student’s Case To Be Dismissed. My client, a student, was charged in the Delaware County Municipal Court with Underage Alcohol Consumption, Trespass, and Criminal Mischief. The charges of Trespass and Criminal Mischief were dismissed, and the charge of Underage Alcohol Consumption will also be dismissed when my client completes a diversion program.

Powell O.V.I. Reduced. My client was charged by the Powell Police Department in the Delaware Municipal Court with two counts of O.V.I. (one related to the breath test and one for being under the influence). One count of O.V.I. was dismissed, and the other count of O.V.I. was reduced to a charge of Reckless Operation with probation and no driver’s license suspension.

Business Owner’s Second O.V.I. Charge Reduced. My client from Delaware, Ohio was charged in the Franklin County Municipal Court with O.V.I. (second offense within six years), Improper Turn, and Marked Lanes. The charges of Improper Turn and Marked Lanes were dismissed, and the charge of O.V.I. was amended to a no-points non-moving offense.

O.V.I. Trial Ends In Hung Jury. My client with multiple prior O.V.I. convictions was charged with O.V.I. (high breath test-.203) and O.V.I. (impaired). The breath test was thrown out, and we had a jury trial on the remaining charge of O.V.I. Following a multi-day jury trial, the jury could not reach a unanimous verdict (“hung jury”), and the judge declared a mistrial.

Delaware Hit-Skip Charge Reduced. My client from Westerville, Ohio was charged with Hit-Skip in the Delaware County Municipal Court. The charge of Hit-Skip was reduced to a charge of Improper Backing, and my client paid a small fine.

O.V.I. in Worthington Reduced. My client from Dublin, Ohio was charged with O.V.I. in the Worthington Mayor’s Court. The charge of O.V.I. was reduced to a charge of Reckless Operation with no driver’s license suspension.

Charges Dismissed In Delaware County Shoplifting Incident. My client from Lewis Center was arrested for shoplifting from a store in the Polaris area and charged with Theft, Possessing Criminal Tools, and Criminal Mischief in the Delaware County Municipal Court. The charges of Possessing Criminal Tool and Criminal Mischief were dismissed. My client pled guilty to the charge of Theft and was placed on probation.

Columbus, Ohio O.V.I. Breath Test Charge Amended. My client was stopped by a trooper in the Lewis Center / Polaris area. He was charged with two counts of OVI; one based on being under the influence and one based on the breath test result. Following several court appearances and motions to suppress evidence in the Franklin County Municipal Court, one O.V.I. charge was dismissed, and the other O.V.I. charge was amended to a charge of Physical Control with no license suspension.

Charge Of Falsification Dismissed. My client from Columbus was charged in the Franklin County Municipal Court with falsifying documents at the Ohio Bureau of Motor Vehicles. After we filed a motion to dismiss the charge based on a speedy trial violation, the case was dismissed entirely.

Drug Charges Dismissed. My client was charged with Possessing Marijuana, Possessing Drug Paraphernalia, and Driving Under Suspension in the Hilliard Mayor’s Court. Both drug charges were dismissed, and the charge of Driving Under Suspension was reduced to a minor misdemeanor, so my client only had to pay a fine.

Felonious Assault Jury Trial Results In Lesser Offense. My client was charged with Felonious Assault for allegedly stabbing another man in the face with a pair of scissors. At the conclusion of a multi-day jury trial, the jury found my client not guilty of Felonious Assault but guilty of the lesser charge of Aggravated Assault.

Charge Of Weapon While Intoxicated Reduced. My client from Lewis Center was charged with Weapon While Intoxicated. Before trial, the charge was amended to Disorderly Conduct, my client pled guilty to the amended charge, and my client was ordered to pay a $100 fine.

Domestic Violence Charge Dismissed. My client was charged with Domestic Violence and Assault in the Franklin County Municipal Court. The charge of Domestic Violence was dismissed, the charge of Assault was reduced to a charge of Disorderly Conduct, and my client pled guilty to that reduced charge.