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.

DECEMBER, 2025

Felony and Misdemeanor Expunged. Our client was convicted of two crimes in two separate cases. In one case, our client was convicted of felony drug possession. In the other case, our client was convicted of misdemeanor theft. Our client wanted to have the case records expunged because the conviction were affecting employment eligibility. Our client led a law-abiding life for several years and completed significant drug rehabilitation.

We filed applications to have the case records expunged. We demonstrated our client’s rehabilitation and showed why our client’s interest in having the records expunged outweighed any government interest in maintaining the records. The judges ordered expungement of the records in both cases.

Assault Cases-Dismissal and Reduction. Our client was charged with two counts of Assault in two separate cases. The cases involved separate incidents with separate witnesses. We reviewed the evidence and determined the prosecution’s cases were weak. We negotiated with the prosecution and reached an agreement. In one case, the charge of Assault was completely dismissed. In the other case, the charge of Assault was reduced to a charge of Disorderly Conduct.

DUI/OVI Dismissed. A police officer pulled-over our client for failing to observe the right of way when entering a roadway. The officer reportedly observed signs of intoxication, so the officer had our client perform sobriety tests. After the tests, the officer arrested our client. Our client’s breath test result was .066: below the prohibited breath alcohol concentration of .080. The officer still charged our client with OVI, as well as Right of Way offense.

We entered a plea of Not Guilty and prepared a defense. Not only was the breath test below the ‘legal limit’, but our client did not appear to be obviously intoxicated on video. The prosecution ultimately dismissed the OVI, and our client pled guilty to the Right of Way offense.

CDL Saved in DUI/OVI Case.  Our client was stopped for speeding and failing to stop at a red light. The officer smelled the strong odor of an alcoholic beverage coming from our client’s vehicle, so the officer had our client get out of the vehicle. The officer observed clues on field sobriety tests, so the officer arrested our client. Our client took a breath test, and the result was .180. Our client was charged with OVI ‘per se, high test’, OVI ‘impaired’, and Speed. Based on the breath test, our client was subjected to an Administrative License Suspension. Our client was had a commercial driver’s license, so an OVI conviction or Administrative License Suspension would result in a one-year disqualification of our client’s CDL.

We investigated the case. The body cam video showed the officer probably did not have a legitimate justification for having our client get out of the vehicle for testing. The video also showed the officer administered on sobriety test incorrectly, and our client did not understand the instructions for the other sobriety tests due to a language barrier. We filed a motion to suppress evidence. Before having a hearing on that motion, the prosecution dismissed the charge of OVI ‘per se, high test), dismissed the charge of Speed, amended the charge of OVI ‘impaired’ to Physical Control, and agreed to termination of the Administrative License Suspension. As our client was not convicted of OVI and did not have an Administrative License Suspension, our client’s CDL was not disqualified.

NOVEMBER, 2025

Second-Offense OVI Reduced to No-Points Offense.  A police officer saw our client stop past the stop bar for a stop sign. The officer stopped our client and observed signs of intoxication. The officer had our client take field sobriety tests. The officer also had our client take a breath test, and the result was .113. Our client had a prior conviction within ten years, so our client was charged with a second-offense OVI. Our client was facing a jail term of six days to six months, a license suspension for up to seven years, probation for up to five years, restricted (yellow) license plates, and an ignition interlock device.

We pled Not Guilty and reviewed the discovery from the prosecution. The discovery showed the police officer did a poor job of administering the field sobriety tests, and the admissibility of the breath test was questionable. Based on those issues, we filed a motion to suppress evidence. After the hearing on our motion, it appeared the breath test was going to be thrown out. Before the judge officially ruled on the motion, the prosecution reduced the second-offense OVI to a no-points offense with no jail term and no license suspension.

Reduction in Charge of Violating a Protection Order.  Our client was ordered by a court to have no contact with a certain individual. After the court order, our client had contact with that individual. Our client was charged with Violating a Protection Order. That charge is a first-degree misdemeanor, so our client was facing a jail term of up to six months, probation for up to five years, and a fine of up to $1,000.

We prepared a defense showing the contact was inadvertent. The prosecution reduced the charge of Violating a Protection Order to a charge of Disorderly Conduct. The judge imposed a fine of $25, no jail term, and no probation.

Expungement Granted for Sealed Case.  Our client was charged with Solicitation, and the charge was reduced to Disorderly Conduct. Our client successfully had the case records sealed. After Ohio’s law changed to permit expungement of case records, our client decided to pursue having the case records expunged. We were able to assist the client with having the case records expunged.

High-Test DUI/OVI Reduced to Non-Moving Violation. Our client was pulled-over for multiple Marked Lanes violations, and the officer smelled alcohol coming from the vehicle. The officer also saw our clients eyes were bloodshot and heard our client’s speech was slurred. Our client acknowledged consuming alcohol. The officer administered sobriety tests, and our client’s breath test result was .190. Our client was charged with Marked Lanes, OVI ‘impaired’, and OVI ‘per se, high test’. As the test result was over .170, our client was facing increased OVI penalties.

We contested the case. Our investigation revealed the admissibility of the breath test was questionable. Even if the breath test were admissible, we had a couple of defenses to the OVI ‘per se’. The prosecution’s ability to prove the OVI ‘impaired’ was questionable. The prosecution dismissed the charge of Marked Lanes, dismissed the charge of OVI ‘per se, high test’, and amended the charge of OVI ‘impaired to a non-moving violation.

OCTOBER, 2025

Second-Offense DUI/OVI Reduced to No-Points Offense. A police officer stopped our client because our client was driving at night without headlights. The officer observed that our client smelled like alcohol and spoke slowly, so the officer had our client get out of the vehicle. The officer conducted some tests to evaluate our client’s sobriety. The officer arrested our client, and our client refused a breath test. The officer charged our client with OVI, and our client already had a prior OVI conviction.

We entered a plea of Not Guilty and obtained discovery from the prosecution. The discovery showed there was an issue regarding the officer’s justification for getting our client out of the vehicle (which is a seizure of the person). The discovery also showed only one of the field sobriety tests was a standardized test, and it was conducted improperly. The prosecution ultimately reduced the OVI to a no-points offense.

Expungement Granted in Underage Drinking Case. Our client went to a music festival and was charged with Underage Alcohol Consumption and False Identification. We got our client into a diversion program, and the case was dismissed. As part of the dismissal agreement, our client had to wait one year to apply for an expungement. After the year expired, our client contacted us, and we filed an application to expunge the case records. The judge held a hearing on our application and granted the expungement. We submitted the judge’s expungement entry to a service which distributes it to over 500 background check companies.

Charges Dismissed and Reduced in Two Counties. Our client was driving with his girlfriend when the girlfriend’s brother chased them down. The brother alleged that our client assaulted his girlfriend. The brother and two others engaged in a heated argument with our client, and our client pulled a firearm from his pants. The brother called the police, and our client called the police. Our client was charged with Domestic Violence in one county and three counts of Aggravated Menacing in another county.

We contested the cases and investigated the facts. The investigation showed the brother’s claim of Dometic Violence was unreliable. It also showed our client did not point the firearm at the three alleged victims and was relatively calm throughout the incident. The charge of Domestic Violence was dismissed, and the charge of Aggravated Menacing was reduced to a charge of Disorderly Conduct.

DUI/OVI Defenses Lead to Dismissal. Our client was pulled-over for speeding. The officer observed a typical trilogy of signs: odor of alcohol, glassy/bloodshot eyes, and slurred speech. The officer had our client perform field sobriety tests and then arrested our client. Our client took the breath test, and the result was exactly .080. Our client was charged with OVI ‘impaired’, OVI ‘per se’, and a speeding violation.

We pled Not Guilty and prepared defenses. For the OVI ‘impaired’, the primary evidence was the field sobriety tests. We obtained medical records which showed our client had lower body injuries which resulted in both legs having plates/rods/screws in them. For the OVI ‘per se’, the defenses were the margin of error in the breath-testing machine and the possibility of rising BAC. The prosecution dismissed both OVI charges, and our client pled guilty to the speeding violation.

SEPTEMBER, 2025

Reduction in First-Offense DUI/OVI.  An officer stopped our client for speeding and noticed the odor of an alcoholic beverage coming from the vehicle. The officer also noticed our client’s eyes were glassy and movements were lethargic. Based on those observations, the officer had our client get out of the vehicle. Our client performed field sobriety tests but refused a breath test. The officer charged our client with first-offense OVI and Speed. The officer also imposed a one-year Administrative License Suspension for refusing the breath test.

We entered a plea of Not Guilty and reviewed the evidence. The officer’s body camera video was helpful. It showed there was a real issue regarding whether the officer was justified in having our client get out of the vehicle. Doing so is a seizure of the person, which requires reasonable suspicion the person is under the influence. We filed a motion to suppress based on this issue. Rather than litigate the motion to suppress, the officer dismissed the charge of Speed, amended the charge of OVI to a no-points violation, and agreed to termination of the one-year license suspension.

Records Expunged in Misdemeanor Cases. Our client was charged with Domestic Violence in two separate cases. In each case, the charge was reduced to Disorderly Conduct, and our client pled guilty to the reduced charge. While a conviction for Domestic Violence is not eligible for record expungement or sealing, a conviction for Disorderly Conduct is. We filed an expungement application and attended an expungement hearing. Our client had completed counseling, and the judge found our client had been satisfactorily rehabilitated. Our client wanted to expunge the case records, and the judge found that interest outweighed any interest the government may have in maintaining the records. Based on those findings, the judge granted the expungement application.

DUI/OVI with Urine Test Dismissed.  An officer stopped our client for driving left of center. The officer reportedly observed signs of intoxication, so the officer administered standardized field sobriety tests. The officer arrested our client, and our client submitted a urine sample.

We contested the case and obtained discovery from the prosecution. The discovery showed the officer was clearly inexperienced, and our client did not display strong signs of intoxication. While the case was pending, we received the results of the urine test, and the results showed an alcohol level of .02 g/mL (under the limit). The prosecutor dismissed the case entirely.

DUI/OVI with Refusal Reduced. Our client was stopped for failing o use a turn signal. The officer noticed the odor of alcohol, and our client acknowledged drinking alcohol. The officer administered sobriety tests and arrested our client. Our client attempted a breath test, but the machine did not produce a result, so the officer considered it to be a refusal of the test. The officer charged our client with OVI and a turn signal violation.

We entered a Not Guilty plea and prepared a defense. We obtained medical records showing our client had asthma and COPD, so he was unable to provide enough breath for the breath test to work. We also prepared a chart showing the errors made in the officer’s administration of the sobriety tests. We presented the defense to the prosecutor. The prosecutor dismissed the turn signal violation and reduced the OVI to a non-moving violation.

AUGUST, 2025

From Third Offense DUI/OVI to Reckless Operation. A police officer responded to report of a vehicle submerged in a lake. The officer followed wet footprints to our client’s house. The officer talked with our client, who was wearing wet clothes. The officer observed signs of intoxication and requested that our client perform sobriety tests, but our client declined to perform the tests. Our client also declined to take a breath test. Our client had two prior OVI convictions within ten years, so our client was charged with OVI ‘impaired’ (third offense) and OVI ‘test refusal with prior conviction’. Our client was facing a minimum of 60 days in jail, a license suspension up to 12 years, vehicle forfeiture, restricted (yellow) license plates, and an ignition interlock device.

We contested the case and reviewed the evidence. The evidence showed that, without field sobriety tests or a breath test, the prosecution may have difficulty proving our client’s guilt. The prosecution apparently agreed, as our client ultimately pled guilty to Reckless Operation of a Motor Vehicle. The sentence was a one-year license suspension and two years of probation: no jail term, no vehicle forfeiture or immobilization, no yellow license plates, and no ignition interlock device.

From Second-Offense DUI/OVI to Non-Moving Violation. Our client was stopped for speeding, and the officer smelled the odor of alcohol. The officer also observed our client had slurred speech and did not provide all the requested documents. The officer performed standardized field sobriety tests and non-standardized field sobriety tests. The officer arrested our client, and our client refused a breath test. Our client had a prior OVI conviction within 20 years, so our client was charged with OVI ‘impaired’, OVI ‘test refusal with prior conviction’, and Speed.

We contested the case and prepared for a trial. Our trial preparation revealed weaknesses in the prosecution’s case. The standardized field sobriety tests were not administered correctly. The non-standardized tests were for drug impairment, and this case was about alcohol impairment. Our client did not have any problems with mental processing, physical coordination, or divided attention. Rather than having a trial, the prosecution dismissed the charges of Speed and OVI ‘test refusal with prior conviction’ and reduced the charge of OVI to a non-moving violation.

Expungement Granted. Our client was originally charged with Aggravated Menacing and Domestic Violence. Ultimately, our client pled guilty to a charge of Disorderly Conduct. The conviction was negatively affecting our client’s employment opportunities.

We field an application to expunge the case records. The judge held a hearing and granted our application. We submitted the judge’s expungement order to a service which distributes the order to over 500 background check companies. Our client’s employment opportunities should not longer be negatively affected.

First-Offense DUI/OVI Reduced.   A caller reported that our client was a possible drunk driver. An officer observed our client make an improper turn and initiated the cruiser lights as our client parked at his residence. The officer believed our client was heavily intoxicated. Another officer administered one field sobriety test, and our client refused further testing. The officers arrested our client, and our client refused a breath alcohol test. Our client was charged with a first-offense OVI and Improper Turn.

We entered a plea of Not Guity and reviewed the prosecution’s discovery materials. The prosecution did not have contact information for the caller, and the officer’s claim of observing an improper turn seemed questionable from the cruiser video. We filed a motion to suppress, arguing the initial stop was invalid. Right before the hearing on our motion to suppress, the prosecution dismissed the charge of Improper Turn and reduced the OVI to a non-moving violation.

JULY, 2025

DUI/OVI Case with Failure to Comply.  An officer observed our client drive 70 mph in a 35 mph zone and pass two vehicles in a no-passing zone.  The officer initiated the cruiser lights, and our client took a long time to stop.  The officer talked with our client and observed the profound odor of alcohol.  The officer took our client’s keys and removed our client from the vehicle.  The officer administered standardized field sobriety tests and arrested our client.  Our client refused a breath test.  The officer charged our client with Speed, Failure to Comply, and OVI. 

We contested the case and reviewed the evidence.  The evidence showed our client probably did not see the cruiser lights for a while after they were initiated.  The evidence also showed the officer did a poor job of administering the field sobriety tests.  We prepared the case for trial, but the prosecution made an acceptable plea agreement offer, so there was no trial.  The prosecution dismissed the charges of Speed and Failure to Comply, and the prosecution amended the OVI to a no-points offense.

Underage Alcohol Possession Dismissed.  Our client was attending a music festival when apprehended by an undercover officer for underage alcohol possession.  The officer confirmed our client was under 21 and had a fake i.d.  The officer charged our client with Underage Alcohol Possession and False Identification.

We simultaneously requested discovery from the prosecution and had our client screened for a Diversion Program.  Our client was accepted into the diversion program.  Our client completed an alcohol education program and community service.  We returned for a second court appearance, and both charges were dismissed.

DUI/OVI and License Suspension Reduced.  Our client was stopped for speeding and driving left of center.  The officer observed our client had glossy eyes, so the officer had our client get out of the vehicle.  The officer administered field sobriety tests and reportedly observe clues on the tests.  The officer arrested our client, and our client refused a breath test.  The officer charged our client with OVI and imposed a one-year Administrative License Suspension for refusing the breath test.

We contested the OVI and appealed the Administrative License Suspension.  We filed a motion to suppress evidence, arguing the officer did not have justification to detain our client for field sobriety testing.  On the day of the motion hearing, the prosecution amended the OVI to a no-points traffic offense and agreed to a reduced driver’s license suspension of six months rather than one year.

Commercial Driver Avoids DUI/OVI Conviction.  A police officer stopped our client for a red light violation.  The officer smelled the odor of an alcoholic beverage and noticed our client’s eyes were bloodshot.  Our client acknowledged drinking three beers, with the last one being a few minutes before.  Our client took sobriety tests and a breath test.  The breath test result was .096.  Our client was subjected to an Administrative License Suspension and charged with OVI and a stop light violation.  Our client was a commercial driver’s license (CDL) holder, so an OVI conviction or an Administrative License Suspension would disqualify the CDL for one year.

We pled Not Guilty and reviewed the evidence.  We prepared two defenses.  First, the prosecution could not prove our client’s breath alcohol concentration was ‘over the limit’ at the time of operating the vehicle due to rising BAC.  Second, the video evidence would not prove our client was ‘under the influence’.  The prosecution dismissed the stop light violation and amended the OVI to a non-moving violation.  The Administrative License Suspension was terminated for cause.  As there was no Administrative License Suspension and no OVI conviction, our client’s CDL was not disqualified.