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.

MARCH, 2026

DUI/OVI Reduced and License Suspension Terminated. A police officer stopped our client for driving 74 mph in a 55 mph zone. The officer smelled the odor of an alcoholic beverage coming from the vehicle and heard that our client’s speech sounded slurred. The officer administered field sobriety tests and observed clues on the test. The officer arrested our client, and our client refused a breath test. The officer issued a ticket for Speed and OVI. The officer also imposed a one-year Administrative License Suspension for the breath test refusal.

We entered a plea of Not Guilty and obtained discovery. The discovery revealed there was a passenger in the vehicle who had been drinking and may have been the source of the alcohol odor. The discovery also showed the officer did a poor job of administering field sobriety tests, so the tests may not be admissible. When not performing sobriety tests, our client’s balance and coordination was fine. We presented our defenses to the prosecution. The prosecution dismissed the charge of Speed, reduced the charge of OVI to a charge of Reckless Operation, and agreed to termination of the Administrative License Suspension.

Felony Conviction Sealed. Our client was convicted of a Theft offense which was a fifth-degree felony. Our client completed the sentence, including payment of restitution to the victim. After the one-year waiting period expired, we filed an application to seal the case records. The judge held a hearing on our application. We demonstrated our client’s rehabilitation and explained why our client’s interests in having the records sealed outweighed any government interest in maintaining the records as public. The judge granted the application and ordered that all official records for the case be sealed.

Complete Dismissal in Aggravated Menacing Case. Our client heard people outside his residence late at night. He went onto his porch and saw two people near his car. It appeared that one of the people had a gun. Our client began raising his gun toward the people and realized that what he thought was a gun was really a cell phone. He lowered his gun. Our client called the police, and the other people also called the police. The others told the police our client ‘pointed’ a gun at them. Our client was charged with Aggravated Menacing.

We investigated the case. We obtained doorbell camera footage of the incident, police incident reports regarding recent criminal behavior in that area, and body-worn camera videos from the responding officers. The video evidence showed the two ‘victims’ said they were not afraid and they knew our client was not going to use the gun. For the charge of Aggravated Menacing, the prosecution must prove the ‘victims’ believed our client would cause serious physical harm. The video evidence proved they did not believe our client would cause serious physical harm. The case was dismissed.

Second DUI/OVI with Refusal Reduced. Our client was pulled-over for speeding and stopping past a stop bar. The officer smelled the odor of alcohol and saw that our client’s eyes were bloodshot and glassy. When the officer asked our client for a driver’s license, our client reportedly could not find it. The officer had our client get out of the vehicle for sobriety testing, but our client declined to perform the tests. The officer arrested our client and requested a breath test, but our client declined that also. The officer charged our client with OVI ‘Impaired’ and OVI ‘Test Refusal with Prior Conviction’. On the refusal charge, our client was facing a minimum of 20 days in jail, in addition to a license suspension for up to seven years.

We pled Not Guilty and reviewed the evidence. The evidence showed there was a real question about the officer’s justification to get our client out of the vehicle. Although the officer observed the odor of alcohol and glassy/bloodshot eyes, those observations are typically not enough to justify detaining a driver. In addition, the traffic violations (speeding and stop bar) are not indicative of intoxication. We filed a motion to suppress which included this argument. Rather than litigating the issue, the prosecution reduced the charge to a no-points traffic offense.

FEBRUARY, 2026

License Suspension and Charge Reduced in DUI/OVI Case. A police officer was driving on a freeway when our client passed the officer going well over the speed limit. The officer followed our client and observed multiple Marked Lanes violations, so the officer stopped our client. The officer reported our client was slow to stop. The officer smelled the odor of an alcoholic beverage and saw our client displayed slow movements and glassy eyes. The officer conducted sobriety tests and arrested our client. Our client refused a breath test and was subjected to a one-year Administrative License Suspension. Our client was charged with Speed, Marked Lanes, and OVI.

We appeared at our client’s arraignment and got our client’s driver’s license returned. The officer’s body worn camera video showed the officer scrolling through his phone with both hands as he steered the cruiser with his knees. It also showed our client was not slow to stop after the cruiser lights came on. During the horizontal gaze nystagmus test, the officer learned our client’s left eye would not move, and the test was invalid. On the other two tests, the officer improperly demonstrated how to do the tests. The prosecution dismissed the charges of Speed and Marked Lanes, reduced the charge of OVI to a non-moving violation, and agreed to replace the one-year Administrative License Suspension with a 90-day suspension.

FST Administration Leads to DUI/OVI Reduction. Our client was involved in a head-on collision, and officers responded to the accident scene. The officers observed our client put a green leafy substance in his mouth, chew it, and spit it out. The officers also smelled the odor of alcohol on our client. The officers suspected our client was under the influence of drugs and alcohol, so the officers administered field sobriety tests (FSTs). The officers arrested our client and charged our client with Left of Centr and OVI.

We entered a plea of Not Guilty and obtained discovery from the prosecution. The discovery showed the officer did a poor job of administering field sobriety tests (our attorneys are all trained in field sobriety testing). Without those tests, it was questionable whether the officer had probable cause to justify arresting our client. We filed a motion to suppress evidence based on the field sobriety testing and arrest. Just before the hearing on our motion was to begin, the prosecution dismissed the charge of Left of Center and reduced the OVI to Reckless Operation.

DUI/OVI Completely Dismissed. An officer was dispatched on the report of a vehicle which struck a guardrail on the freeway. The officer stopped our client and observed our client smelled like alcohol and had bloodshot/glassy eyes. Our client declined to perform sobriety tests or answer questions but did submit to a urine test. Our client was charged with OVI.

We contested the case and reviewed the evidence. The officer’s body cam showed that, before arresting our client, the officer was informed there was no damage to the guardrail. The body cam also showed our client was totally coherent and had no problems with physical coordination or balance. While the case was pending, the urine test results showed an alcohol level of .054 (the ‘legal limit’ for urine is .11). After negotiations with the prosecutor, the case was completely dismissed.

JANUARY, 2026

Felony Improperly Handling Reduced to Misdemeanor. Our client was driving home from getting food when he was involved in an accident. Police officers went to the accident scene and made contact with our client. The officers arrested our client and found a loaded gun in his vehicle. Our client took a breath test, and the result was .164. Our client was indicted for Improperly Handling Firearms in a Motor Vehicle, a fifth-degree felony.

We pled Not Guilty and reviewed the evidence. Although the breath test was twice the ‘legal limit’, the admissibility of the test was questionable. While the case was pending, our client completed a three-day driver intervention program. The prosecution ultimately reduced the offense to a misdemeanor. Our client pled guilty to the misdemeanor, and the sentence was ‘time served’ for the three-day program our client completed.

Treatment for DUI/OVI and Felony. A law enforcement officer stopped our client for a Marked Lanes violation and suspected our client was under the influence of alcohol. After conducting field sobriety tests the officer arrested our client and searched his vehicle. In the vehicle, the officer found a loaded firearm. Our client was indicted for OVI and Improperly Handling Firearms in a Motor Vehicle.

We entered a plea of Not Guilty and investigated the case. For the charge of Improperly Handling Firearms, we also filed a Motion for Intervention in Liue of Conviction. The judge granted our motion and ordered our client to follow a treatment plan. If our client successfully completes the plan, the Improperly Handling charge will be dismissed. Our client did have to plead guilty to OVI but avoided a felony conviction on his record.

DUI/OVI Reduced to Reckless Operation. After watching a Buckeyes game, our client was stopped for speeding. The officer smelled the odor of alcohol and heard slurred speech, so the officer conducted an OVI investigation. The officer arrested our client and transported our client to a police station. Our client attempted twice to take a breath test, but the breath-testing machine malfunctioned. Our client submitted a urine sample for a urine alcohol test. Our client was charged with Speed and OVI.

We contested the case. It was clear from the cruiser video the officer did not observe any driving behavior indicative of impaired driving. It was clear from the boy worn camera video the officer did not properly administer field sobriety tests. The prosecution dismissed the Speed and reduced the OVI to a Reckless Operation with no license suspension.

DUI/OVI Reduced for Out-of-State License Holder. After watching a Buckeyes game, our client was driving to his home in another state. An officer stopped our client for using a cell phone while driving. The officer observed signs of intoxication, conducted sobriety tests, and arrested our client. Our client refused a breath test. Our client was charged with OVI and Prohibited Use of Electronic Device.

We pled Not Guilty and reviewed the evidence. The evidence showed the officer did a poor job of conducting the field sobriety tests, and our client did not appear to be obviously intoxicated on the videos. The prosecution dismissed the charge of Prohibited Use of Electronic Device and amended the charge of OVI to a non-moving violation with no license suspension. The conviction should result in no action being taken against our client’s driver’s license in his home state.