Recent Case Results

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.

OCTOBER, 2018

Second DUI / OVI With Test Refusal Charge Reduced
.  Our client had a prior conviction for OVI in the last ten years.  In this case, our client was stopped for driving without headlights.  The officer noticed the odor of alcohol, administered field sobriety tests, and arrested our client.  Our client refused a breath test.  Based on the prior conviction, our client was charged with ‘Test Refusal With Prior Conviction’, OVI, and a headlight violation.  Our client was facing a minimum of 20 days in jail.

We contested the case and investigated the evidence.  The evidence showed our client ‘passed’ one of the field sobriety tests, and the other two field sobriety tests may have been administered incorrectly.  While the case was pending, our client engaged in activities to mitigate the sentence.  The prosecution dismissed the charge of ‘Test Refusla With Prior Conviction’, dismissed the headlight charge, and stipulated the OVI charge was a first offense within ten years.  Our client pled guilty to the stipulated first offense and served no jail time.

High-Test DUI / OVI Reduced In Accident Case.  Our client was involved in an accident which resulted in our client’s car flipping.  An officer responded to the scene and noticed the strong odor of alcohol coming from our client’s breath.  The officer administered field sobriety tests, and our client reportedly performed poorly on the test.  Our client took a breath test, and the result was .212.  As the result was over .169, our client was facing a minimum of six days in jail, mandatory yellow license plates, and a mandatory ignition interlock device. 

We pled not guilty and reviewed the evidence.  The records from the breath-testing machine showed the machine produced an ‘invalid sample’ evidence ticket three minutes before producing our client’s breath test evidence ticket showing a result of .212.  This raised the question of whether there was mouth alcohol being added to the deep-lung alcohol which the machine is supposed to measure.  Ultimately, the prosecution dismissed the charge of high-test OVI, and our client pled guilty to OVI.  Our client served three days in a driver intervention program and avoided the yellow license plates and ignition interlock device.

Second DU / OVI Reduction For Client.  I previously represented this client, and his OVI in that case was reduced to a lesser charge.  In the new case, our client was stopped for driving 62 mph in a 35 mph zone.  The officer reported that our client had difficulty with his documents, his eyes were glassy and bloodshot, his speech was slurred, and he smelled like alcohol.  Our client reportedly refused field sobriety tests, the officer arrested our client, and our client refused a breath test.  Our client was charged with OVI and Speed.

We contested the case and obtained the evidence.  The cruiser video showed our client did not immediately refuse the field sobriety test but did challenge the officer about the officer’s justification to administer the tests.  The prosecution could likely convince a judge the arrest was justified, but proving our client’s guilty beyond a reasonable doubt would have been more difficult.  We found a middle ground with the prosecution.  Our client pled guilty to the charge of Reckless Operation, but the one-year license suspension for refusing the breath test remained in place, with driving privileges.

SEPTEMBER, 2018

Good Result For DUI / OVI With Accident. 
Our client lost control of his car and hit a tree.  Medics and police came to the scene.  The officer noticed the odor of alcohol, and our client seemed unsteady on his feet.  When asked, our client acknowledged he had a few drinks.  Of course, he also just rammed into a tree.  The officer administered field sobriety tests and arrested our client.  Our client refused a breath test.  He was charged with Failure To Control and OVI ‘impaired’.

We entered a Not Guilty plea and investigated the case.  We learned that, despite hitting a tree and totaling his car, our client was not evaluated by the medics.  He went for medical care on his own after the incident, and the medical records showed injuries to his head and neck from the accident.  It may be difficult for the prosecution to prove the lack of balance was due to alcohol and not injuries.  Accordingly, the prosecution dismissed the charge of Failure To Control and amended the charge of OVI to the non-moving offense of Physical Control and agreed to terminate the one-year Administrative License Suspension for refusing the breath test.

DUI / OVI With Breath Test Reduced.  A police officer pulled over our client for a Marked Lanes violation.  The officer observed the odor of alcohol and bloodshot-glassy eyes.  The officer administered standardized field sobriety tests and observed multiple ‘clues’ on the test.  The officer arrested our client and took him to a police station.  Our client took a breath test, and the result was .093.

Although our client was over the limit, there were defenses to the charge.  It was questionable whether it was legal for the officer to detain our client for field sobriety tests based on the evidence the officer observed.  In addition, the breath test was subject to challenges based on the margin of error, biological variability, and time of operation.  Rather than litigate those issues, the prosecutor reduced the charge to a minor misdemeanor Reckless Operation.

Hit-Skip Charge Reduced.  Our client bumped into another car in a parking lot and may have caused minor damage to the bumper of the other car.  The collision was reported to the police, the police contacted our client, and our client contacted us.  Our client was issued a ticket for Leaving The Scene Of An Accident.  After obtaining the discovery materials and negotiating with the prosecutor, the charge was amended to a lesser offense with no license suspension, no jail, and no probation.

AUGUST, 2018

Corrections Officer’s DUI/OVI Charge Reduced.  Our client worked as a corrections officer, so an OVI conviction could certainly adversely affect his career.  He was stopped for speeding, and the officer made observations which officers consider common signs of alcohol impairment:  odor of alcohol, glassy/bloodshot eyes, and slurred speech.  The field sobriety tests produced mixed results, and the breath test result was .103.  Our client was charged with OVI ‘per se’ and OVI ‘impaired’, as well as the speeding violation.

When we reviewed the evidence, it was clear the prosecutor’s case was weak the OVI ‘impaired’ charge.  Our client did not appear to be intoxicated on the cruiser video.  For the OVI ‘per se’ charge, the prosecution had two possible problems.  First, the video of our client taking the breath test may have been destroyed after we requested it.  Second, there was an issue with proving our client’s breath alcohol concentration at the time he operated the vehicle.  The prosecution dismissed the speeding charge and one OVI charge, and the prosecution reduced the other OVI charge to Reckless Operation.

Marijuana-Eating DUI / OVI Resolved.  Our client was pulled over for failing to signal while merging onto the interstate.  The officer observed the odor of marijuana, glazed/bloodshot eyes, and dilated pupils, so the officer administered field sobriety tests.  In doing so, the officer observed marijuana in our client’s mouth.  Our client admitted eating a joint when the officer was making the traffic stop.  Our client was arrested and provided a sample for a urine test.  Our client was charged with OVI and Obstructing Official Business.

We obtained the evidence from the prosecutor.  The evidence showed the arrest may have occurred before most of the evidence was obtained, so the officer’s justification for the arrest was questionable.  Before the urine test results were received, we reached an agreement with the prosecutor.  The charge of Obstructing Official Business was amended to a lesser charge of Disorderly Conduct, and the charge of OVI was amended to a no-points offense.

Plea Bargain In High-Test DUI / OVI Case Avoids Jail.  Our client crashed into a fire hydrant and was investigated by a police officer.  Our client admitted being drunk and feeling under the influence.  The officer administered a breath test, and the result was .227.  Our client was charged with OVI ‘per se’ (high test), OVI ‘impaired’ and Failure To Control.

Our client was proactive.  As we contested the case, he completed the Driver Intervention Program without waiting for the court to order him to complete it.  He was also polite, cooperative and remorseful.  The high-test charge of OVI ‘per se’ was dismissed, as was the charge of Failure To Control.  Our client pled guilty to the charge of OVI ‘impaired’ and thereby avoided three additional mandatory days in jail, yellow license plates and the ignition interlock device.

JULY, 2018

Third DUI / OVI Resolved With Program.  Our client had two prior OVI convictions when charged with a new OVI.  In the new OVI, our client took a breath test, and the result was .265.  That meant our client was facing a minimum of 60 days in jail, a license suspension for up to 12 years, and forfeiture of the vehicle.

We entered a plea of Not Guilty and investigated the case.  We ultimately pursued a court-operated program for multiple offenders.  Our client pled guilty to a stipulated first OVI offense and was sentenced to a Driver Intervention Program, a one-year driver license suspension, and two years of community control (probation).  The probation included the program, which is pretty intensive, but the outcome was very satisfactory considering what our client was facing at the beginning of the case.

Reduction In Case Of DUI / OVI And Open Container.  An officer stopped our client for stopping past the stop bar.  The officer reportedly observed the odors of marijuana and alcohol coming from our client’s car.  Our client acknowledged drinking two beers, and the officer found a glass with suspected vodka in it.  Following field sobriety tests, the officer arrested our client, and our client refused a breath test.  Our client was charged with OVI ‘impaired’, Open Container and Traffic Signal Indications.

We contested the charges and reviewed the evidence.  The evidence showed no marijuana was found which would account for the reported odor of marijuana, and the officer’s decision to detain our client for field sobriety tests was questionable.  The evidence also showed our client may have been denied the opportunity to speak with a lawyer.  Just before the hearing on our motion to suppress evidence, a plea agreement was reached.  The charges of Open Container and Traffic Signal Indications were dismissed, and the charge of OVI was amended to a non-moving violation.

JUNE, 2018

High Test DUI / OVI Dismissed In Accident Case.  A motorist reported my client was all over the road and struck a guardrail.  An officer observed my client reportedly vomiting and obviously under the influence.  The officer administered sobriety tests and arrested my client.  My client took a breath test, and the result was .216, so my client was charged with OVI ‘per se’ (high test), OVI ‘impaired’, and Failure To Control.

We investigated the case and found some discrepancies in the reported facts.  We also found an unusual reading for the breath-testing machine.  The charges of OVI ‘per se’ (high test) and Failure To Control were dismissed, and my client pled guilty to the charge of OVI ‘impaired’.  Therefore, my client avoided three mandatory days in jail, yellow license plates, and the ignition interlock device.

CDL Holder Avoids DUI / OVI Conviction.  My client was a CDL holder and worked as a commercial truck driver.  He was stopped for a speeding violation, and the officer reportedly observed the usual signs of intoxication.  The officer administered standardized field sobriety tests and arrested my client.  The officer attempted a breath test, but the test didn’t work, so my client submitted to a urine test.  The urine test showed a ‘high tier’ alcohol level of .246.  My client was charged with OVI and facing a mandatory one-year CDL disqualification if found guilty.

My client pled Not Guilty.  We reviewed the evidence and filed a motion to suppress both the field sobriety tests and the urine test.  The prosecution was unable to introduce the testimony and documents necessary for the urine test to be admissible.  Without that evidence, the prosecution’s case was weaker.  Accordingly, the OVI charge was amended to a charge of Physical Control (with no license suspension), which does not trigger a CDL disqualification.

Reduction For Second DUI / OVI Offense With Refusal Charge.  My client was pulled over for failing to signal and committing a marked lanes violation.  The officer notices the strong odor of alcohol, glass/bloodshot eyes, and bar entry wrist bands.  Based on those observations, the officer had my client perform field sobriety tests.  The officer arrested my client, and my client refused the breath test.  My client had a prior OVI conviction in 2014.  Based on the prior conviction and refusal, my client was charged with Test Refusal With Prior Conviction, OVI, Failure To Signal, and Marked Lanes.

We pled not guilty and reviewed the evidence.  The evidence showed the driving was not as bad as it sounded on paper.  The field sobriety tests, likewise, did not look as bad on video as the officer made them sound on paper.  In addition, the officer made mistakes in the paperwork for the Administrative License Suspension.  Based on those circumstances, the prosecution dismissed the charge of Test Refusal With Prior Conviction, Failure To Signal, and Marked Lanes.  In addition, the prosecutor stipulated the OVI was a first offense within ten years, so my client’s sentence was significantly less than it would have been with the original charges.


APRIL, 2018

College Student’s Underage Alcohol Possession Dismissed
.  My client was at a sorority event when liquor control agents entered the private event and checked identifications.  My client, under age 21, was in possession of alcohol, as well as a fake identification.  My client was charged with Prohibition (underage alcohol consumption or possession) and Certain Acts Prohibited (possessing a fictitious identification card).  My client completed an underage drinking education program and some community service, and the case was dismissed. 

Theft Charge Dismissed.  My client was apprehended for shoplifting in Columbus, Ohio.  We requested that the prosecution screen my client for the shoplifting diversion program.  Simultaneously, we demanded discovery from the prosecution in case diversion was not granted.  It turned out my client was approved for diversion, so after my client completed the program requirements, the case was dismissed.

MARCH, 2018

Nurse’s Third DUI/OVI Offense Dismissed.  My client was charged with OVI, and she had been convicted of two prior OVIs in the past ten years.  That meant she was facing at least 30 days in jail, a license suspension for 2-12 years, and forfeiture of her vehicle.  In addition, she was a nurse, so her professional license was in jeopardy.  Her urine test showed multiple drugs in her system.  She hired me, and we entered a plea of Not Guilty.  After receiving the evidence from the prosecutor, we filed a motion to suppress the evidence.

At the hearing on our motion to suppress, the prosecution would not negotiate, so the hearing was held.  At the conclusion of the hearing, the judge found the officer did not have a reasonable suspicion my client was under the influence, so the officer removing my client from the vehicle was a violation of her Fourth Amendment rights.  As a result, all evidence obtained after that was suppressed.  Without that evidence, the prosecution could not go forward, so the OVI was completely dismissed.

Questionable Stop Leads To DUI/OVI Reduction.  A police officer observed my client driving in a parking lot with no headlights, turn on the headlights, and drive onto the road.  The officer reportedly observed a Marked Lanes violation and stopped my client.  My client performed field sobriety tests but refused a breath test.  The officer charged my client with OVI ‘impaired’.

We obtained the cruiser video, and it showed the stop may not have been justified.  The law requires headlights only on public roads, so the lack of headlights in the parking lot would not justify a stop.  The video was inconclusive on the issue of the alleged Marked Lanes violation.  Rather than litigate the Marked Lanes issue, the prosecutor amended the OVI to a non-moving violation.

FEBRUARY, 2018

Evidence Destruction Aids OVI/DUI Defense.  My client ran a red light and was pulled over by a police officer.  The officer observed signs of intoxication and had my client perform field sobriety tests.  After performing poorly on the tests, my client blew a .158 on the breath test.  My client was charged with OVI ‘per se’ and OVI ‘impaired’, as well as a stop sign violation.

We requested discovery and specifically requested the video from the police station where my client took the breath test.  After our request, the police station video was destroyed.  We filed a motion to dismiss the case, and the prosecution filed a memorandum opposing our motion.  Just before starting a hearing on our motion to dismiss, we reached an agreement in which my client pled guilty to a no-points violation with no jail, no license suspension, and no probation;  just a fine and court costs.

Not Guilty Verdict In Trial For Domestic Violence.  My client argued with his live-in girlfriend.  She escalated the argument, and he pushed her as he was trying to get away from her.  She fell and suffered minor injuries.  She later called the police, so my client was arrested and charged with Domestic Violence.  The prosecutor did not offer to dismiss or reduce the charge, so we had a jury trial.

At the trial, both the complaining witness and my client testified.  She said my client physically picked her up and threw her across the room.  He said she came at him three times, and he pushed her in an effort to get away from her.  He did not expect her to fall and be injured.  The jury deliberated for a very short time and found my client not guilty.

Prescription Drug OVI Resolved Favorably.  My client was involved in a two-car accident which resulted in property damage and minor injuries to the other driver.  Officers and medics went to the scene, and my client appeared to be obviously intoxicated.  My client admitted taking prescription medications that morning, and a urine test was positive for alprazolam and clonazepam.  My client did not have a prescription for either.

In the court process, we took a two-part approach.  On one hand, we challenged the results of the urine test and presented the possibility of a medical defense.  On the other hand, we provided mitigating evidence, including proof that my client was paying for the other driver’s property damage and medical bills.  My client pled guilty to the OVI but received the minimum mandatory sentence, despite the aggravating factors.

Felony Theft Case Dismissed.  My client was charged with theft of benefits from the Ohio Department of Job and Family Services.  The allegation was my client obtained the government assistance by deception.  The theft charge was a third degree felony, so my client was facing up to 36 months in prison.

We obtained over 1,000 pages of discovery from the prosecution.  There was no evidence that my client ever signed any of the documents making assertion’s about her family’s financial circumstances.  They were all signed by her husband, who was the financial person in the family.  After nearly two years of the litigation, the case was finally dismissed.

JANUARY, 2018

Favorable Resolution For Two OVIs In Same Night.  My client was involved in a single car accident and left the vehicle at the scene.  He returned to the scene, driving another vehicle.  Unfortunately for him, there were police officers at the scene.  The officers administered field sobriety tests and arrested my client.  The officers charged my client with two separate OVIs:  one for operating a vehicle under the influence when the accident occurred, and a second one for operating a vehicle under the influence when he returned to the scene.  We ultimately got one OVI dismissed, and my client pled guilty to the other OVI.

OVI Amended In Case With Car On Railroad Tracks.  Law enforcement officers were informed a car was stuck on the railroad tracks, and a train was coming.  The officers found my client in the driver’s seat of his car.  He tried to explain to them he was not driving, and the person driving fled the scene.  The officers did not believe my client and arrested him for OVI.

We obtained discovery from the prosecutor and prepared for a trial.  In negotiations with the prosecution, the prosecutor acknowledged there would be some difficulty in proving my client ‘operated’ the vehicle.  Even though the prosecutor felt he could prove my client was under the influence and in the driver’s seat, he was not sure he could prove my client moved or caused movement of the vehicle.  As a result, the prosecutor amended the OVI charge to a charge of Physical Control, a no-points offense.

OVI / DUI Reduced In Refusal Case.
  My client was pulled over because an officer saw my client travel outside the marked lane and then fail to signal a lane change.  After stopping my client, the officer noticed evidence of intoxication:  slurred speech, poor coordination, red eyes, and the strong odor of alcohol.  The officer administered field sobriety tests, on which my client reportedly performed poorly.  The officer arrested my client, and my client refused the breath test.  My client was charged with OVI ‘impaired’ and was subjected to a one-year Administrative License Suspension.

We pled Not Guilty and reviewed the evidence.  It showed my client performed better on the field sobriety tests than the officer reported.  It also showed my client’s balance and coordination were better than reported.  My client intended to take the case to trial but was moving out of the state before the trial would have occurred.  My client accepted the prosecutor’s offer and pled guilty to Reckless Operation with a six month license suspension rather than the one year Administrative License Suspension.
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