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.
DUI/OVI Dismissed & License Suspension Terminated. Our client was pulled over for a speeding violation on the freeway. The officer observed signs of impairment, and our client explained having drinks much earlier in the day. The officer administered field sobriety tests and arrested our client. Our client refused a breath test, so she was given a one-year Administrative License Suspension, in addition to the charges of OVI and Speed.
We entered a plea of Not Guilty and appealed the Administrative License Suspension. It was not the strongest case for the prosecution. The prosecution dismissed the Speed offense, amended the OVI to a lesser charge, and terminated the Administrative License Suspension.
DUI/OVI With Hit-Skip and Obstruction Resolved Favorably. Multiple callers reported that our client was driving recklessly. Officers performed a traffic stop and observed signs of intoxication. Our client was reportedly unable or unwilling to perform sobriety tests and pushed past an officer and medic. Our client attempted a breath test but allegedly did not perform it correctly. The officers learned our client was previously involved in an accident, in an adjacent county. Our client was charged with OVI and Obstructing Official Business, as well as Hit Skip in the adjacent county.
We prepared a defense and had our client engage in efforts to mitigate the case outcome. The Obstructing Official Business was dismissed, the OVI was amended to a lesser offense, and the Hit Skip was reduced to Failure to Control.
Improperly Handling Firearms Dismissed. Our client was stopped for speeding and a burned-out license plate light. The officer observed the odor of alcohol, bloodshot-glassy eyes, and slurred speech. The officer also observed several ‘clues’ on the field sobriety tests. Our client had a loaded firearm in the vehicle, and our client’s driver license was under suspension. Our client was charged with OVI, Driving Under Suspension, Speed, and Improperly Handling Firearms.
We investigated the case and found an issue with the traffic stop. The officer claimed our client was speeding, but the officer had no evidence of using laser, radar, or pacing. The officer did not notice the burned-out license plate light until after stopping our client, so it was questionable whether there was any justification for the officer to stop our client. We made this argument in a motion to suppress. The prosecution ultimately dismissed the charges of Improperly Handling Firearms, Driving Under Suspension, and Speed, and our client pled guilty to the charge of OVI.
Repeat DUI/OVI Offense Amended. Our client had three prior OVI convictions, and one of the convictions was within the lookback period of ten years. Our client was stopped for a Marked Lanes violation, and the officer suspected our client was under the influence of alcohol. The officer had our client perform standardized field sobriety tests, as well as non-standardized tests. Our client attempted a breath test, but the machine produced an ‘invalid sample’ evidence ticket. Our client then submitted a urine sample. Our client was facing significant consequences based on this being a repeat offense.
We entered a plea of Not Guilty and obtained discovery. Our evaluation was the prosecution’s evidence was in a gray area, and a trial could go either way. Although our client’s most recent conviction was within ten years, it was barely within ten years. We were able to negotiate a satisfactory agreement with the prosecution whereby the OVI was stipulated to be a first offense. Our client avoided jail time, as well as yellow license plates and an ignition interlock device.
DUI/OVI With Accident Reduced. Our client rear-ended a car at a red light and pushed it into another car. One of the drivers called the police and reported that our client seemed intoxicated. An officer arrived at the scene and talked with our client. Our client acknowledged he had a couple drinks, and he reportedly seemed disoriented. The officer administered sobriety tests and arrested our client. Our client declined a breath test. Our client was subjected to a one-year license suspension for refusing the breath test and was also charged with OVI and Assured Clear Distance Ahead.
Our review of the evidence indicated the officer’s decision to detain our client for sobriety testing was questionable, as the officer’s report did not mention the odor of alcohol, slurred speech, or other factors we would expect to see. We filed a motion to suppress. Just before the hearing on that motion, the prosecution offered a plea bargain, despite the OVI involving an accident. Our client pled guilty to a no-points offense, and the license suspension was reduced from one year to six months.
Underage Driver’s DUI/OVI Charge Reduced. Our client was stopped for driving 40 mph in a 25 mph zone. The officer smelled alcohol coming from our client, and our client was under-age (18 years old). There was also alcohol in the car. The officer had our client perform sobriety tests and arrested our client. Our client talked with his mother and decided to refuse the breath test. Our client was charged with Speed and OVI and was also subjected to a one-year license suspension for refusing the breath test.
We contested the case. Our review of the evidence showed our client did not engage in any driving indicative of being under the influence. Our client also did not appear to be intoxicated on the videos. We filed a motion to suppress evidence. Just before the hearing on our motion, the prosecution dismissed the charge of Speed, amended the charge of OVI to a no-points violation, and agreed to a six-month license suspension in place of the one-year suspension.
DUI/OVI Completely Dismissed. Our client was stopped for speeding, and the officer suspected our client was under the influence because the officer observed the odor of alcohol and red eyes. The officer administered field sobriety tests and arrested our client. Our client took a breath test, and the result was .000. The officer did not ask our client to submit to a urine test or blood test. The officer charged our client with Speed and OVI. Our client went to court without a lawyer, hoping the prosecution would dismiss the case, but the prosecution did not dismiss the case or offer a plea bargain.
The client hired our firm, and we requested discovery from the prosecution. The discovery, particularly the videos and breath test result, showed the evidence would likely not prove our client’s guilt. At the final pretrial, a few days before the jury trial, the prosecution dismissed the OVI, and our client pled guilty to the speeding violation.
CDL Saved for Commercial Driver in DUI/OVI Case. Officers responded to a call that our client’s truck was half-way on the sidewalk with the rear end in the street. The officers observed our client was unconscious, so they woke him. The officers noticed our client’s speech was slurred, and he had the odor of an alcoholic beverage coming from his breath. The officers had our client perform one field sobriety test and then arrested him. Our client took a breath test, and the result was .170. The officers charged our client with Failure to Control, OVI ‘impaired’, and OVI ‘per se’ (high test). The officers also imposed an Administrative License Suspension. An Administrative License Suspension or an OVI conviction would result in a one-year disqualification of our client’s Commercial Driver License.
We entered a Not Guilty plea and looked for defenses to the OVI charges and the Administrative License Suspension. We determined there was an issue regarding whether the officers were justified in detaining our client for the field sobriety test. We also determined the field sobriety test was administered incorrectly, and the breath test may be inadmissible. Finally, the Administrative License Suspension was invalid because the officers did not advise our client regarding the possible CDL consequences. The prosecution dismissed the charge of Failure to Control, dismissed one charge of OVI, amended the other OVI charge to a non-moving violation, and agreed to terminate the Administrative License Suspension. Our client’s CDL was saved.
DUI/OVI Reduced to Reckless Operation. Our client was stopped for a speeding violation (47 mph in a 35 mph zone). The officer talked with our client and believed our client may be under the influence of alcohol. The officer administered two sobriety tests, and our client declined to perform one sobriety test because the ground was so uneven. The officer arrested our client, and our client declined to take a breath test. The officer charged our client with Speed and OVI and also imposed a one-year administrative license suspension for refusing the breath test.
We contested the case. The investigation showed that, while our client was driving, there was no evidence of impaired driving. According to the officer’s training, speeding is not evidence a driver may be under the influence . Our client performed reasonably well on the sobriety tests and did not appear to be obviously intoxicated. Rather than have a trial, the prosecution dismissed the charge of Speed and reduced the charge of OVI to a charge of Reckless Operation. The one-year administrative license suspension was replaced with a six-month suspension.
Driving Under Suspension Case Dismissed. We do not typically represent clients for traffic tickets other than DUI/OVI, but we agreed to represent this client for a case of Driving Under Suspension. The case was a few years old and had never been resolved, so there was a warrant for our client’s arrest and a block on our client’s driver license. The warrant was lifted, and the case was scheduled for a hearing. Our client had moved out of Ohio, so we arranged to have the hearing held in our client’s absence. At the hearing, the case was completely dismissed.
DUI/OVI Case Dismissed. An officer pulled-over our client for going left of center and ultimately charged our client with Left of Center and OVI. We appeared for the client’s arraignment and discovered the officer did not file the traffic ticket. The entire case was dismissed, and the ticket was never filed. The dismissal did not involve brilliant legal work, but it shows what can happen when the case is contested.
DUI/OVI Resolved With Lesser Offense and No License Suspension. Our client was stopped for multiple marked lanes violations. The officer observed the odor of alcohol, bloodshot/glassy/dilated eyes, and slurred speech, as well as delayed responses to questions. The officer asked our client to submit to field sobriety tests, and our client refused. Our client also refused a breath test and was subjected to a one-year Administrative License Suspension , in addition to the charges of OVI and Marked Lanes.
We entered a plea of Not Guilty and obtained discovery from the prosecution. After reviewing the discovery, we concluded the prosecution’s ability to prove OVI was questionable. On the other hand, the Administrative License Suspension was sound and would remain in place even after a Not Guilty verdict. The prosecution dismissed the charge of Marked Lanes, amended the charge of OVI to a no-points violation, and agreed to terminate the one-year Administrative License Suspension.