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.

JUNE, 2021

DUI/OVI Reduced With Pending Urine Test
.  Our client was involved in a two-car accident.  Police responded to the scene and suspected our client was under the influence.  They administered sobriety tests and arrested our client.  Our client’s breath test result was .000, so the officers had our client submit a urine sample.  The officers charged our client with OVI ‘impaired’ and Failure to Control.

We investigated the case and found the officers must have ignored our client’s walking cane when they administered the field sobriety tests.  It was unknown what would be found in our client’s urine.  In an unusual development, both sides agreed to resolve the case before receiving the results of the urine test.  The charge of Failure to Control was dismissed, and our client pled guilty to the reduced charge of Reckless Operation.

Questionable Breath Test Leads to DUI/OVI Reduction.  Our client was pulled over for a Marked Lanes violation.  The officer observed signs of intoxication and arrested our client.  Our client took a breath test on an Intoxilyzer 8000, and the result was .151.  Our client was charged with OVI ‘impaired’, OVI ‘per se’, and Marked Lanes.

We contested the charge and the breath test in particular.  We filed multiple motions regarding the admissibility of the breath test.  The prosecution ultimately agreed the breath test was probably not admissible.  Accordingly, the prosecution dismissed the charges of Marked Lanes and OVI ‘per se’, and the charge of OVI ‘impaired’ was reduced to a non-moving violation.

First-Offense DUI/OVI Reduced.  An officer stopped our client for running a stop sign, and our client reportedly stopped partially on the roadway.  The officer approached our client, smelled alcohol, and placed our client in the cruiser.  Our client perform field sobriety tests and also took a breath test, with a result of .115.  The officer charged our client with a first-offense OVI ‘impaired’, OVI ‘per se’, and the Stop Sign violation.

We pled not guilty and investigated the case.  The investigation showed the officer was fishing for OVIs at the location of the stop sign, and our client parked partially on the roadway because there was no more room to pull over to the right.  Our client did not appear to be intoxicated on the cruiser video.  The case would have been a good one for trial, but the prosecution offered a plea to one no-points violation, and our client accepted the offer.

Poor DUI/OVI Investigation…Reduced Charge.  Our client was stopped for a Marked Lanes violation, and the officer noticed the odor of alcohol.  Our client acknowledged having three drinks and rated herself a 4 out of 10 for intoxication.  The officer administered field sobriety tests and arrested our client.  Our client refused a breath test.  Our client was charged with OVI and Marked Lanes.

We obtained the evidence, and it showed the office did a poor job on the OVI investigation.  Before having a hearing on our motion to suppress evidence, the prosecution dismissed the Marked Lanes offense and amended the OVI to a lesser offense.

MAY, 2021

Accident DUI/OVI Reduced. 
Our client crashed into a building and was taken to the hospital.  Our client admitted having four drinks before the accident.  An officer performed one field sobriety test while our client was in the hospital bed and placed our client under arrest.  Our client was unable to provide a urine sample, so the officer imposed a one-year Administrative License Suspension for ‘refusing’ the test.  The officer also charged our client with OVI and Failure to Control.

We contested the case.  The evidence showed our client hit a patch of ice before hitting the building, and the sole field sobriety test was not administered properly.  We also presented case law proving the inability to urinate is not a test ‘refusal’.  Our client pled guilty to one charge of Reckless Operation, and the Administrative License Suspension was terminated.

Underage Drinking Case Dismissed.  Our client was stopped on the campus of the Ohio State University while carrying a can of alcohol.  The officer obtained our client’s identification and determined our client was under 21.  The officer charged our client with Underage Alcohol Possession.

We had our client screeded for an underage drinking diversion program.  Our client was accepted, and our client completed the diversion requirements, so the case was completely dismissed.  Our client will be eligible to have the case records sealed in one year.

CDL Driver with DUI/OVI Saves License.  Another motorist informed the police our client was tailgating, and both of them drove to a nearby police station.  An officer talked with our client and observed glass/bloodshot eyes, slurred speech, and the odor of alcohol.  The officer administered field sobriety tests, and our client refused a breath test.  Our client was charged with OVI.  Our client was a commercial driver with a CDL, so his commercial driver license was subject to a one-year disqualification.

When we reviewed the evidence, it seemed questionable whether the prosecutor could prove our client’s guilt.  After several court appearances, the prosecutor amended the charge of OVI toa charge of Physical Control with no driver license suspension, so our client’s CDL was not disqualified.

Three DUI/OVI Cases In Two Months.  Our client was charged with OVI.  While that case was pending, our client was charged with a second OVI.  While those two cases were pending, our client was charged with a third OVI.  All three cases were resolved with reduced charges and no OVI convictions!

APRIL, 2021

DUI/OVI With Accident Resolved Favorably.  Our client was involved in a one-car accident.  Police officers reported to the scene and observed signs of intoxication.  The officers began field sobriety testing, but our client was unable to complete all the tests.  The officers arrested our client, and our client admitted to drug use.  The officers charged our client with Failure to Control and OVI.

We entered a plea of Not Guilty and obtained the evidence, including the cruiser videos.  The videos showed the officers acknowledging that our client may have a head injury from the accident.  A head injury could have symptoms which are essentially the same as the symptoms for alcohol intoxication.  The prosecution reduced the OVI to a charge of Reckless Operation.  Our client pled guilty to Reckless Operation with a sentence which included a fine and no license suspension.

DUI/OVI Reduced After Sleeping at Red Light.  A police officer observed our client asleep while stopped at a red light.  The officer woke our client, and our client was confused.  Our client admitted to drinking a few beers, so the officer performed field sobriety tests.  After the tests, the officer arrested our client, and our client refused a breath test.  Our client was charged with OVI and given a one-year suspension for refusing the breath test.

We contested the case.  The evidence showed there was no odor of alcohol, there was no slurred speech, and there was no report of glassy/bloodshot eyes.  We filed a motion to suppress evidence which argued the officer was not justified in detaining our client for field sobriety tests.  Rather than litigate that motion, the prosecution amended the OVI to a non-moving violation and reduced the license suspension from one year to six months.

DUI/OVI Reduced and License Suspension Terminated.  A caller reported that our client was at a gas station and may be under the influence.  A police officer then stopped our client for failing to signal a turn.  The officer noticed the typical signs of intoxication:  odor of alcohol, slurred speech, and bloodshot/glassy eyes.  The officer administered standardized field sobriety tests and arrested our client.  Our client refused a breath test, so our client was subjected to a one-year Administrative License Suspension and was charged with a first-offense OVI.

We pled Not Guilty and obtained discovery.  The discovery showed the caller who provided the tip was completely anonymous.  It also showed that our client did not appear to be under the influence.  The prosecution ultimately reduced the OVI charge to a non-moving offense, and the one-year license suspension was terminated.

Reduction in DUI/OVI Case with Speeding Charge.  An officer measured our client’s speed at 72 mph in a 55 mph zone.  When the officer stopped our client, the officer observed the odor of alcohol and bloodshot/glassy eyes.  The officer had our client do field sobriety tests, and our client reportedly performed poorly.  The officer arrested our client, and our client refused a breath test.  Our client was charged with OVI and Speed.

We entered a plea of Not Guilty and investigated the case.  Our investigation showed there were no signs of impaired driving, our client appeared coherent, and our client appeared coordinated.  Our conclusion was there were solid defenses, and a trial would likely result in a Not Guilty verdict.  However, before the case proceeded to trial, the prosecution dismissed the speeding charge and amended the OVI charge to a no-points violation.

MARCH, 2021

First-Offense DUI / OVI. A home owner reported our client was parked in the owner’s driveway. An officer responded to the scene and woke our client. Our client believed he was parked in his own driveway. It turned-out he was parked in the next-door neighbor’s driveway. The officer observed signs of alcohol intoxication and arrested our client. Our client refused a breath test and was charged with a first-offense OVI.

We contested the charge and obtained discovery from the prosecution. Our review of the discovery indicated it may be difficult for the prosecution to prove when our client consumed alcohol and whether the intoxication occurred before or after driving. When we were scheduled for a hearing on our motion to suppress evidence, the prosecution amended the OVI to a non-moving offense.

Reduction in Second-Offense DU / OVI. Our client had a prior OVI conviction from the previous year when our client stopped on the side of the freeway. A police officer initiated contact with our client and noticed our client was unsteady when standing and smelled like alcohol. The officer had our client perform standardized field sobriety tests, and our client reportedly performed poorly. The officer placed our client under arrest and took our client to a police station. There, our client refused a breath test. Our client was charged with a second-offense OVI and was facing a minimum of 20 days in jail, as well as a license suspension up to seven years and vehicle immobilization.

We entered a plea of Not Guilty and investigated the case. Our investigation revealed the prosecution would have difficulty proving our client was under the influence of alcohol at the time our client operated the vehicle. Rather than litigating the case, the prosecution amended the second-offense OVI to a first-offense OVI with no jail term and a one-year license suspension.

Marijuana DUI / OVI Reduced. Our client was stopped for a Marked Lanes violation. The officer observed the odor of burnt marijuana, and our client admitted recently smoking marijuana. The officer administered field sobriety tests and arrested our client. The officer found marijuana in our client’s vehicle, and our client submitted to a urine test. Our client was charged with Marked Lanes, Marijuana Possession, and marijuana-based OVI.

We contested the case and obtained the evidence. The evidence showed our client did not exhibit the usual signs of marijuana intoxication and performed reasonably well on field sobriety tests. Before the case reached the trial stage, the prosecution dismissed the charges of Marked Lanes and Marijuana Possession and amended the charge of OVI to a no-points violation.

Case Dismissed-Underage Alcohol Possession and False Identification. As our client was carrying a case of beer to a campus party, our client was stopped by undercover agents. One of the agents asked our client his age, and our client said he was 19. The agent arrested our client and confiscated a fake identification. The agent charged our client with Underage Alcohol Possession and False Identification.

We appeared in court on our client’s behalf and negotiated with the prosecution. We reached an agreement for our client to complete Diversion. Our client completed and underage drinking program and community service. We returned to court, and the entire case was dismissed. Our client will be eligible to have the case records sealed in one year.

FEBRUARY, 2021

Questionable Stop Leads to Reduction of First-Offense DUI/OVI. Another driver reported our client as a reckless driver. An officer stopped our client and observed the odor of alcohol, glassy/bloodshot eyes, and slurred speech. The officer administered one field sobriety test, and our client declined further testing. The officer arrested our client, and our client refused a breath test. Our client was charged with a first-offense OVI.

We contested the case and obtained discovery. The discovery showed the other driver was unidentified, and the officer did not observe any reckless driving or traffic violations. We filed a motion to suppress evidence based on the justification for the traffic stop. Before litigating that motion, the prosecution amended the OVI to a no-points violation.

Juvenile OVI Dismissed. Our juvenile client was involved in a one-car accident. A police officer noticed that our client appeared to be under the influence, and our client admitted to smoking marijuana. The officer administered field sobriety tests, followed our client to the hospital, and had our client submit a urine sample for testing. Our client was charged with Failure to Control and OVI in the juvenile court.

We entered a Denial of the charges (the equivalent of a Not Guilty plea) and investigated the case. There were issues regarding the admissibility of the urine test. Without the urine test, the prosecution’s case was questionable. The prosecution dismissed the charge of Failure to Control and amended the charge of OVI to a charge of Reckless Operation. The case was ‘held open’ for 90 days and will be dismissed.

Operation Issue Results in Reduction of OVI. A caller reported that our client was in a damaged vehicle, and there was a person on the ground outside the vehicle. The caller followed our client to our client’s residence, and the police arrived. The officers noticed signs of intoxication and arrested our client. Our client refused a breath test and was charged with OVI. Due to the refusal, our client was subjected to a one-year Administrative License Suspension.

We entered a plea of Not Guilty and obtained discovery. On the cruiser video, our client appeared to be intoxicated. However, there was clearly a defense regarding whether our client operated the vehicle. The prosecution recognized the validity of the defense. The charge of OVI was amended to a non-moving violation, and the license suspension was reduced from one year to six months.

Favorable Outcome in Stalking/Harassment Case. The victims received several harassing phone calls, texts, and unwanted gifts. The police department received a 911 call which was determined to be a false alarm. Our client was identified as the person who made the call. Records traced the IP address and debit card for the unwanted gifts to our client. Our client was charged with two counts of Menacing by Stalking, two counts of Telecommunications Harassment, and one count of Making False Alarms.

We investigated the case thoroughly and prepared legal arguments regarding the admissibility of the IP address evidence and debit card evidence. Before the trial, we reached an agreement with the prosecution. The prosecution dismissed wo charges of Menacing by Stalking and one charge of Telecommunications Harassment. The prosecutor amended the other charge of Telecommunications Harassment to a charge of Disorderly Conduct and also amended the charge of Making False Alarms to a charge of Criminal Mischief.

JANUARY, 2021

Client Given Rehab Program On Third OVI. A driver reported that our client was driving the wrong way and ran off the road multiple times. An officer caught-up to our client at his residence. The officer saw that our client was obviously intoxicated and charged our client with OVI. Our client took a breath test, and the result was .343. Our client was charged with OVI ‘impaired’ and OVI ‘per se’ (high test). Our client had two prior OVI convictions within ten years, so the OVI was a third offense. That meant he was facing at least 60 days in jail, a license suspension up to 12 years, and vehicle forfeiture.

We pled Not Guilty, worked on a defense, and researched the possibility of a rehabilitation program. Our client screened for the program and followed recommendations for counseling. Our client was accepted into the program and agreed to complete it. In exchange, the prosecution dismissed one charge of OVI and stipulated the other charge of OVI was a first-offense. Our client avoided jail time, avoided vehicle forfeiture, and received only a one-year license suspension. We are convinced our client will thrive in the rehabilitation program.

Second-Offense OVI Reduced. Our client was involved in a two-car accident, left the scene, and drove home. Officers traced a pavement scuff to our client’s residence. The officer observed signs of intoxication, performed sobriety tests, and arrested our client. Our client’s breath test result was .169. Our client had one prior OVI conviction within ten years, as well as three other OVI convictions older than ten years. Our client was charged with a second-offense OVI ‘impaired’ and second-offense OVI ‘per se’, as well as Hit-Skip and Failure to Control.

We entered a plea of Not Guilty and investigated the case. The investigation showed the officer improperly administered the Horizontal Gaze Nystagmus test, and our client performed well on the other field sobriety tests. While we were investigating the case, our client paid restitution to the owner of the other car involved in the accident. Our client also completed a substance abuse assessment and began counseling. In court, the prosecution ultimately dismissed the Hit-Skip, the Failure to Control, and one OVI. The prosecution also stipulated the remaining charge of OVI was a first offense, and our client pled guilty to the first-offense OVI.

First-Offense OVI Amended To Non-Moving Offense. A motorist reported to the police that our client was following her. An officer stopped our client and noticed the odor of alcohol. The officer also reportedly observed our client had glassy/bloodshot eyes and slurred speech. The officer administered Standardized Field Sobriety Tests and arrested our client. Our client took a breath test, and the results was .084. The officer charged our client with OVI ‘impaired’ and OVI ‘per se’.

We contested the charge and obtained discovery from the prosecution. The discovery showed there was a significant question about whether the traffic stop was permitted. There was also a significant question about whether the prosecution could prove the breath test was over .080. When we appeared in court to litigate a motion to suppress evidence, the prosecution dismissed one charge of OVI and amended the other charge of OVI to a non-moving offense.

Speeding Ticket Dismissed. Our client was charged with a Speeding offense in the Franklin County Municipal Court (Columbus, Ohio). It was our client’s second speeding ticket within one year, so the penalties could be increased. We entered a plea of Not Guilty and scheduled the case for a trial. On the day of the trial, the prosecution completely dismissed the case.

DECEMBER, 2020

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.

NOVEMBER, 2020

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).

OCTOBER, 2020

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”.

SEPTEMBER, 2020

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.

AUGUST, 2020

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.

JULY, 2020

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.

Testimonials
★★★★★
"Shawn is a wonderful person and an elite attorney. Being represented by him gives you complete peace of mind knowing you are in good hands, with..." M.A.
★★★★★
"Shawn Dominy quickly displayed his expertise in defending OVI cases at a level that made me immediately comfortable in my decision to..." K.G.
★★★★★
"I was looking at a Physical control OVI charge. License suspension, 3 day class, all that. Shawn got it reduced to persistent disorderly conduct. I paid a fine, saw..." Y.E.