2020-Recent Case Results (July-December)

Records Sealed For Multiple Misdemeanors. Our client was seeking to seal records for three misdemeanor cases. In the first case, our client was convicted of Public Urination. In the second case, our client had a charge of Criminal Damaging Dismissed. In the third case, our client had charges of Domestic Violence and Assault dismissed. We filed applications to have the records sealed, and we appeared in court for an oral hearing on the applications. The judge approved all three applications, so the records for all three cases were sealed.

Drive-Thru DUI/OVI With Refusal Reduced. A tipster called the police and reported our client made several Marked Lanes violations and was in the Taco Bell drive-thru. A police officer approached our client in the drive-thru line, smelled the odor of alcohol, saw our client’s eyes were red, and heard our client’s speech was slurred. The officer put our client in the cruiser, and our client vomited in the back seat. The officer administered field sobriety tests and arrested our client. Our client attempted the breath test, and the officer considered the attempt a refusal. Our client had a prior OVI conviction. The officer charged our client with OVI ‘impaired’ and OVI ‘Test Refusal With Prior Conviction’.

We pled Not Guilty and prepared a defense. We obtained medical records showing our client was diabetic. His blood sugar was low, which was why he was getting something to eat. The symptoms of low blood sugar can be mistaken for alcohol intoxication. In addition, our client’s arm was in a sling during the field sobriety tests, due to a recent shoulder surgery. After we presented the evidence to the prosecution, the charge of OVI ‘Test Refusal With Prior Conviction’ was dismissed, and the charge of OVI was reduced to a charge of Reckless Opertion.

Wrong-Way DUI/OVI Amended. An officer stopped our client for driving the wrong-way on a highway. The officer observed the odor of alcohol and slurred speech, and our client admitted to drinking alcohol. The officer administered field sobriety tests and arrested our client. Our client took a breath test, and the result was .128. Our client was charged with ‘Divided Roadways’.

We contested the charge and obtained discovery from the prosecution. Based on the discovery, we filed a motion to suppress evidence. When it was time to litigate the motion to suppress, the prosecution offered a plea agreement. The ‘Divided Roadway’ charge was dismissed, and the OVI charge was amended to a no-points offense.

Third-Offense DUI/OVI Reduced to Reckless. A city employee contacted the police because our client and his girlfriend were ‘suspiciously’ sitting on a motorcycle on city property. Police offices made contact with them and investigated our client for OVI. The officers arrested our client, and our client’s breath test result was .157. Our client had two prior DUI convictions within ten years, so our client was facing at 30 days to one year in jail and a license suspension of 2-12 years.

We entered a plea of Not Guilty and investigated the case. Our investigation showed the prosecution’s strongest evidence was the statements made by our client and his girlfriend. Our research indicated those statements would likely not be used in trial. The prosecution recognized the weakness of the case and reduced the third-offense OVI to a Reckless Operation.

DUI/OVI With Accident Reduced To Reckless Operation. Our client hit a utility pole, and a police officer quickly arrived at the scene. The officer believed our client was under the influence. Our client acknowledged he drank a few beers with dinner. The officer administered field sobriety tests, and our client refused a breath test. The officer charged our client with Failure To Control and OVI.

We contested the case and prepared a defense. Our defense was that exhaustion and the trauma from the accident were mistaken for signs of intoxication. The prosecution recognized there would be difficulty in proving our client’s guilt. The prosecution dismissed the charge of Failure To Control and reduced the charge of OVI to a charge of Reckless Operation.

Super High Blood Test DUI/OVI Resolved Favorably. A police officer responded to a call regarding a single-car accident and made contact with our client. The officer observed the odor of alcohol, glassy/bloodshot eyes, and slurred speech. The officer also observed two empty vodka bottles in our client’s vehicle. The officer arrested our client, and a blood test was conducted. The result of the blood test was .383. Our client was charged with Failure To Control, OVI ‘impaired, and OVI ‘per se’ (high test). Due to the high-test OVI, our client was facing a minimum of six days in jail, restricted (yellow) license plates, and an ignition interlock device.

We entered a plea of Not Guilty. We also filed a motion to suppress the result of the blood test. The evidence clearly showed our client was under the influence, but the admissibility of the blood test result was questionable. The prosecution dismissed the charge of Failure To Control and the charge of OVI ‘per se’ (high test). Our client plead guilty to the charge of OVI ‘impaired’, thereby avoiding jail, the yellow license plates, and the ignition interlock device.

DUI/OVI With Urine Test Reduced. Our client was in a one-car accident. When an officer arrived at the scene, our client vomited several times, said he had too much to drink, and admitted he was too drunk to drive. Our client started field sobriety tests but couldn’t finish them. Our client submitted a urine sample, and the urine test showed an alcohol level of .174. Our client was charged with Failure To Control, OVI ‘impaired’, and OVI ‘per se’.

We challenged the case. We planned a defense that our client drank alcohol very quickly before driving, and his intoxication and high alcohol level occurred after operating the vehicle. We gathered evidence supporting the defense. The prosecution ultimately dismissed the charges of Failure To Control and OVI ‘per se’ and amended the charge of OVI ‘impaired’ to a charge of Physical Control with a driver intervention program and a six-month license suspension.

Record Sealed For Shoplifting Case. Our client was charged with Theft for a shoplifting incident. We were able to get our client into a diversion program, and the Theft charge was dismissed. We then filed a motion to have the records sealed (‘expunged’), and the motion was granted. As a matter of public record, it’s as though the case never happened.

DUI/OVI Amended To Non-Moving Violation. A motorist reported that our client was driving recklessly. An officer stopped our client for a Marked Lanes violation and observed signs of intoxication. The officer administered field sobriety tests and arrested our client. Our client consented to a breath test, and the result was .120. Our client was charged with Marked Lanes, OVI ‘impaired’, and OVI ‘per se’.

We plead Not Guilty and reviewed the evidence. The evidence showed our client’s driving was not reckless, and our client performed very well on the sobriety tests. There was a real question about whether there was probable cause to justify the arrest. Rather than litigating that issue, the prosecution dismissed two of the charges, and our client plead guilty to a non-moving violation.

Underage Client’s DUI/OVI Reduced. Our client rear-ended another car, and police responded to the accident scene. An officer noticed our client’s breath smelled like alcohol and his eyes were glassy and bloodshot. Our client performed poorly on sobriety tests and blew .153 on a breath test. Our client, who was under 21, was charged with Assured Clear Distance Ahead and two charges of OVI.

We contested the case and filed a motion to suppress evidence. On the day of the motion hearing, the prosecution offered a plea agreement which our client accepted. The prosecution dismissed the charge of Assured Clear Distance Ahead and one charge of OVI. The remaining charge of OVI was reduced to a charge of Operating a Vehicle after Underage Consumption (OVUAC).

Charge Reduced In Second-Offense DUI/OVI. Our client was pulled over for not having illuminated tail lights. The officer noticed signs of alcohol intoxication and administered field sobriety tests. Our client refused a breath test, and our client had a prior OVI conviction, so our client was charged with a tail lights violation, OVI ‘impaired’, and OVI ‘test refusal with prior conviction’. Our client was facing mandatory jail time, yellow (restricted) license plates, and ignition interlock.

We contested the case and reviewed the evidence. The evidence showed the problem with the tail lights was mechanical, so the lack of lights was not a clue of intoxication. There were very few clues of intoxication when the officer interacted with our client, so it was questionable whether the office had a justification to detain our client for field sobriety tests. We filed a motion to suppress evidence based on that issue. On the day of the motion hearing, the prosecution dismissed the tail lights violation and the charge of OVI ‘test refusal with prior conviction’. The prosecution also amended the charge of OVI ‘impaired’ to a non-moving violation.

DUI/OVI Marijuana Charge Reduced. Our client was stopped for a turn signal violation, and the officer observed the odor of alcohol coming from our client. The officer also observed glassy eyes and empty liquor bottles. Our client admitted drinking alcohol and smoking marijuana. Following field sobriety tests, the officer arrested our client, and our client submitted to a urine test. The officer found marijuana paraphernalia in the vehicle. The urine test showed a marijuana metabolite level well above the ‘legal limit’. Our client was charged with Turn Signal, OVI, and Paraphernalia Possession.

We entered a plea of Not Guilty. The evidence showed our client drove well and performed very well on the field sobriety tests. The type of marijuana metabolites found in our client’s urine were the inactive type. The prosecution dismissed the charges of Turn Signal and Paraphernalia Possession, and the charge of OVI was reduced to a charge of Reckless Operation.

Fifth DUI/OVI Case Resolved Favorably. Our client ran out of gas, and an officer stopped to ‘help’. The officer observed signs of intoxication, and our client acknowledged consuming alcohol. Our client declined sobriety tests and a breath test. Our client had four prior lifetime OVI convictions and was charged with a fifth.

We contested the case and exchanged discovery with the prosecution. Given the evidence, it was questionable whether the prosecution could prove our client operated the vehicle under the influence. The prosecution amended the OVI to a non-moving violation.

Double Jeopardy Violation Results In Dismissal Of DUUI/OVI Case. A caller reported that our client hit a utility pole in “County B” and continued driving. An officer stopped our client in “County A”. A second officer arrived. Following an OVI investigation, our client was charged by the first officer in “Count A”. The OVI charge in “County A” was resolved with a lesser offense. Our client was later charged with OVI in “County B” by the second officer.

It may seem clear our client could not be prosecuted for two OVI charges. The case law, however, is unclear. In some cases, the courts have permitted two prosecution for OVI in two separate counties. In our client’s case, we filed a motion to dismiss which distinguished our facts from the unfavorable cases. The judge agreed with our analysis and dismissed our client’s OVI case in “County B”.

Faulty Urine Test Leads To Reduction In DUI/OVI With Accident. Our client traveled left of center and hit a parked truck. An officer arrived at the scene and observed evidence of intoxication. The officer had our client perform field sobriety tests, and our client performed poorly. Our client was arrested and submitted a urine sample. While searching the vehicle, the officer found Xanax in our client’s pocket. Our client was charged with OVI, Drug Possession and Failure To Control.

We pled Not Guilty and reviewed the discovery from the prosecutor. We learned the urine sample did not meet testing parameters, so the urine test would be excluded. The prosecution dismissed the charges of Failure To Control and Drug Possession, and the prosecution amended the charge of OVI to a no-points offense.

High Test DUI/OVI Charge Dismissed In Plea Agreement. Our client was stopped for passing too closely to a public safety vehicle. The officer observed our client had bloodshot/glassy eyes and the odor of alcohol. There was a can of alcohol in the vehicle, and our client admitted to alcohol consumption. The officer administered field sobriety tests and arrested our client. Our client took a breath test, and the result was .240. Our client was charged with Approaching a Public Safety Vehicle Without Caution, OVI ‘impaired’, and OVI ‘per se’ (high test). For the high-test charge of OVI, our client was facing a minimum of six days in jail, plus restricted (yellow) license plates, and an ignition interlock.

We contested the case, reviewed the evidence, and filed a motion to suppress the breath test. Before litigating the motion, the prosecution offered a plea agreement our client found acceptable. The prosecution dismissed the charges of Approaching a Public Safety Vehicle Without Caution and high-test OVI ‘per se’. Our client pled guilty to the charge of OVI ‘impaired’ and avoided jail, the yellow license plates, and the ignition interlock.

No Conviction For Building Permit Violation. Our client was charged with a building permit violation in a central Ohio municipality. The violation was classified as a first-degree misdemeanor, so our client was facing a jail term up to 180 days and a fine up to $1,000. After thorough negotiations with the city and the prosecution, the case was resolved with a $150 bond forfeiture, so our client was not convicted of the charge.

Accident Case Dismissed. Our client was involved in a two-car accident. An officer responded to the scene and charged our client with Failure to Control. We pled not guilty and investigated the case. The investigation included an interview of an eyewitness who corroborated our client’s claim the other driver was at-fault for the accident. In court, the case was completely dismissed.

Defense To OVI Charge Leads To Plea Agreement. Our client was stopped for Marked Lanes, and the officer observed bloodshot/glassy eyes and the odor of an alcoholic beverage. The officer administered the Horizontal Gaze Nystagmus test, and our client declined further testing. The officer arrested our client, and our client refused to submit to a breath alcohol test. Our client was charged with OVI and Marked Lanes.

We pled Not Guilty and prepared a defense. Our evidence showed our client was driving home from a funeral and had one glass of wine after the funeral. Our client had been crying, resulting in bloodshot/glassy eyes. What the officer concluded were signs of intoxication may have also been symptoms of our client’s emotional state. Rather than have a trial for a jury to render a verdict, the parties reached a plea agreement. The charge of Marked Lanes was dismissed, and our client pled guilty to the no-points offense of Physical Control.

Domestic Violence And Assault Charges Dismissed. Our client’s wife called the police and reported a domestic violence incident. Police responded to the home, and our client’s wife explained their argument became physical, and she suffered a minor injury. Our client was arrested and charged with both Domestic Violence and Assault.

We entered a plea of Not Guilty and investigated the case. While the case was pending, our client voluntarily participated in a program for building healthy relationships. Meanwhile, our client’s wife decided she did not want the prosecution to be pursued. Despite the wife’s desires, the prosecutor did want the case to be pursued. However, on the day the case was scheduled for a trial, the prosecutor dismissed the case entirely.

OVI Charge Amended On Eve Of Trial. An officer stopped our client for a Marked Lanes violation. The officer noticed the odor of alcohol, bloodshot eyes, and slurred speech. Our client told the officer he disagreed with those observations but acknowledged having a cocktail earlier in the evening. Our client declined to exit the vehicle. After the officer threatened an arrest, our client did exit the vehicle. Another officer arrived. Our client informed the officers he did not feel comfortable and asked for a supervisor. The officers administered one field sobriety test, and our client declined the others. The officers arrested our client, and our client refused to take the breath test. The officers charged our client with OVI and Marked Lanes.

We prepared the case for trial. The video showed our client, an unarmed black man, being detained by two white officers at a time when the news was filled with stories of these incidents becoming deadly. At the final hearing before the trial, the prosecutor dismissed the Marked Lanes violation and amended the OVI to a non-moving violation.

DUI/OVI With Head-On Collision Amended. Our client was involved in a head-on collision and was taken to the hospital. There, officers obtained a sample of our client’s blood. A forensic test showed a blood alcohol concentration of 1.61. Thankfully, the driver of the other vehicle was not seriously injured. Our client was charged with OVI and Failure To Control.

We entered a plea of Not Guilty. We reviewed all the evidence for the case, including our client’s medical records and the documentation for the blood test. That documentation showed the blood test did not comply with blood-testing regulations. We filed a motion to suppress the blood test result, had a hearing on the motion, and the motion was granted. Without the blood test result, the prosecution’s case was weakened, so the prosecution dismissed the charge of Failure To Control and amended the charge of OVI to a non-moving offense with no license suspension.

Third-Offense DUI/OVI Reduced. Officer approached our client’s vehicle as our client was sleeping at a stop light with the vehicle in gear. The officers woke our client, believed our client was under the influence, and administered field sobriety tests. Our client then refused a urine test. Our client had two prior OVI convictions in the last ten years and refused the urine test. For a third OVI offense, our client was facing at least 60 days in jail, vehicle forfeiture, and a license suspension up to 12 years.

We pled Not Guilty, obtained discovery, and obtained additional evidence independently. The evidence showed our client worked excessive hours and had a sleeping disorder. If there were a trial, there would be doubt regarding whether our client’s behavior and appearance was due to alcohol/drugs or exhaustion. While the case was pending, our client engaged in counseling and medical treatment. The prosecution stipulated the OVI was a first offense, so our client’s jail term was six days instead of 60, the vehicle was not forfeited, and the license suspension was only one year.

First-Offense DUI/OVI Reduced. Our client was stopped for a Marked Lanes violation, and the officer observed evidence the officer interpreted to be consistent with intoxication. After our client performed poorly on field sobriety tests, the officer arrested our client, and our client refused a breath test. Our client was charged with OVI and Marked Lanes, and our client’s driver license was suspended for one year as a result of refusing the breath test.

We investigated the case and found the evidence was not entirely consistent with intoxication. Our client’s Marked Lanes violation occurred as our client at pizza while driving. Our client suffered from anxiety issues, and the anxiety increased throughout the encounter with the officer. The prosecution dismissed the charge of Marked Lanes and amended the OVI to a no-points violation, and the one-year Administrative License Suspension was replaced with a six-month suspension.

Records Sealed for Public Indecency. Our client was convicted of public indecency and placed on probation. After the waiting period elapsed, we filed a motion to seal the case records. Our client had no other convictions, and this incident was clearly an isolated incident. The judge granted our motion, and the case records were sealed.

Domestic Violence Case Dismissed. Our client had an argument with her daughter. Her daughter was disrespectful, and our client reportedly smacked the daughter. Without our client knowing, the daughter called the police. Our client was charged with Domestic Violence and Assault, and a warrant was issued for our client’s arrest.

We got the arrest warrant lifted and entered a plea of Not Guilty. The evidence showed this would likely be considered a case of reasonable parental discipline. Ultimately the prosecutor dismissed the case completely.