Case Results

DISCLAIMER: Clients always want to know the ultimate question, “Will you win my case?”

While the Ohio State Bar does not allow attorneys to guarantee a result we can detail our past successes. Below we tell the stories of some of the cases we are proud to have won.

Please be aware of a couple of things:

The case results discussed do not necessarily represent the results of all cases.
Not all cases that we have handled are listed here.
While the facts below may seem similar to the facts of your case, the total circumstances of every case are different and we must evaluate each and every case on its own merit

Criminal Defense Cases

2020 Criminal

Fake ID, Underage Drinking Charges Dismissed

H.P. was on Ohio State’s campus visiting some friends and was confronted by officers regarding his drinking. He was under 21, and to make matters worse, had a fake id on him. Finally, he was a resident of Georgia—making travel back to court very difficult. We reached out to the prosecutor, found local underage drinking courses for our client, and were able to secure a dismissal of all charges in exchange for court costs, and a program and community service to be done in Georgia. We appeared for him with proof of the service and program, and the case was dismissed without H.P. having to come to court once.backpack. She was arrested and taken to the county jail and charged with a felony. Her family retained Chase and he met with A.B. in jail that night to put her at ease. She was released on a recognizance bond the following Monday. Chase counseled her through her duties as a student to remain enrolled at Muskingum University and began communications with the prosecutor. He had A.B. complete a substance abuse assessment and petitioned the court for Intervention in Lieu of Conviction. The court agreed to the request and our client successfully completed ILC and avoided a felony conviction and had the charges sealed.

Mistrial on Vehicular Homicide – Conviction of Vehicular Manslaughter Leads to No Jail:

By their nature, regardless of verdict, Vehicular Homicide offenses premised on negligent driving rarely leave anyone happy. These cases typically involve good people, no drugs or alcohol, and a tragedy that could happen to most folks. Such was the case here. D.C. was on his way to work, went to pass a slow-moving vehicle, and the decedent’s vehicle coming the other way came in view. Tragically, both took the same exact evasive action, and they collided head-on just off the roadway. Not receiving any offer or sentencing recommendation, we took the case to trial, focusing on the more serious offense of vehicular homicide. Frankly, it was a difficult case—but after consulting an expert, we had the tools needed to cross the officer responsible for analyzing the crash site—and exposed his work as lacking. The jury had the case for hours, and ultimately could not come to a decision on the homicide charge, while convicting on the lesser manslaughter. The state agreed not to retry the case. After referencing the uncertainty the jury had with the more serious charge, the Judge gave D.C. a 30 house-arrest sentence with no actual incarceration.On a trip back to visit his alma mater (The Ohio State University), our client perhaps had too good of a time. After the police found him passed out on the sidewalk, they were able to wake him and determine his level of intoxication. He was arrested and later released to sober friends. We were able to negotiate a dismissal of the charges less than 30 days from when it happened. M.H. kept his record clean and avoided any negative employment consequences.

Felony Weapons Charges Reduced to Misdemeanors: Aggravated Menacing Charges Dismissed

Our client had contact with officers and freely disclosed he had two firearms in his vehicle, including an AR-15 hanging off the back of a seat. He previously had a CCL, which would have permitted him to lawfully transport the weapons. Unfortunately, he had let it lapse, and he was charged with two fourth-degree felonies. Our client had no criminal history and was an avid sportsman—a felony would have been a problem. We were proactive and contacted both the prosecutor and detective prior to the case getting indicted. The detective was agreeable to the offense being lowered to misdemeanors as opposed to felonies, and the prosecutor agreed as well. We plead to the amended misdemeanors, and our client may still lawfully possess firearms.

Slew of Misdemeanor Charges Dismissed or Amended After Confrontation with Deputy Felony Theft and Identify Fraud Charges Dismissed

R.R. was traveling with his children when he got into an accident with an undercover deputy in an unmarked car. The deputy claimed our client was traveling at a high rate of speed and clipped him; R.R. stated the deputy pulled into traffic and was at fault. Adding to our credibility, R.R. drives for a living and had an App showing he was doing 16 MPH at the time of the accident. High rate of speed indeed. The situation became heated, the deputy drew his firearm, and R.R. chose the only logical move at that point, which was to take his children home and away from the situation. A crew of deputies descended upon his home, and he was charged with hit skip, failure to comply, two counts of child endangering, obstruction of official business, reckless operation, and improper passing. After extensive negotiations, the prosecutor was sympathetic to our case, and agreed amend the obstruction charge to a disorderly conduct, and in exchange for pleading guilty to that offense and the minor misdemeanor passing charge, all other charges were dismissed. Crucially, the prosecutor also agreed to recommend to the court a sentence of “time served,” which would result in no additional punishment. Though we did want to get that deputy on the stand, the deal was too good to pass up for R.R., particularly in the light of his CDL. The judge followed the joint recommendation, and he did not have to serve any time, probation, nor pay a fine.

Professor’s Domestic Violence Charge Dismissed: Felony Theft and Identify Fraud Charges Dismissed

Our client had a sterling reputation and had never been in trouble in her life. Unfortunately, her husband provoked her into an altercation, and claimed that she threatened him and used a knife to “poke” him on the bottom of his feet. We strenuously denied the allegation, and quickly got a statement from the remorseful accuser stating that not everything that was relayed was accurate. Ultimately, we agreed to an assessment and to pay the court costs, and the case was dismissed. A human resource professional was charged with a felony theft and identity fraud after using another’s identifying information to obtain several credit cards. She sought Chase’s help to avoid any convictions involving a crime of dishonesty. After negotiations, the state agreed to allow her to complete the diversion program if she paid restitution. The restitution was paid and after the period of diversion her case was dismissed.

2019 Criminal

Domestic Violence Charges Dismissed

A local attorney referred M.L. to Chase when she found herself in the Franklin County Jail accused of Domestic Violence. She was accused of using excessive force against her aggressive sister and was arrested, charged, and taken to jail. Chase helped clear her of any wrongdoing by entering a not guilty plea and promptly setting the matter for trial and preparing witnesses. The case was ultimately dismissed the day of jury trial.

No Incarceration for Vehicular Manslaughter

C.B. was referred to Chase after she was involved in a terrible tragedy and charged of vehicular manslaughter. While pulling into a parking spot, she hit the car in front of her. What would have been a minor accident turned into her worst nightmare: standing behind the car she hit was a gentleman putting away groceries. He was knocked to the ground and ultimately died due to head injuries from his fall. C.B. was approximately 60 years old with an impeccable record. We were able to negotiate a plea and sentence that included a minor fine along with a license suspension and our client avoided incarceration.

Child Endangerment Charges Reduced

A local attorney referred T.D. to Chase when he was charged with Child Endangerment. After admittedly consuming too much alcohol at a restaurant, he mistakenly left his children at the restaurant. He returned home where police later came to question him about the incident. Feeling extreme remorse he immediately owned up to his mistake. Chase entered a not guilty plea on his behalf and began working on both mitigation and preparing a defense. Proving the elements of the offense was going to be difficult and the state agreed to amend the charge to that of a disorderly conduct. Our client completed an alcohol assessment and a parenting class and will have the record of the disorderly conduct sealed.

Criminal Mischief Charges Dismissed

A municipality had D.P. charged with Criminal Mischief alleging his involvement in “off-roading” on public property resulting in substantial damage to the grounds. After several negotiations, Chase effectively negotiated a dismissal of the case.

Assault Charges Dismissed

Nobody ever remembers a physical confrontation or fight the exact same way as the others involved. Emotions, adrenaline, the adrenaline dump, are all factors a human experiences when involved in a violent situation. Our client was no different. He and his brother were involved in a physical altercation with two others. Only our client and brother got charged. The “victim” showed up to court acting confrontational and threatening again. Chase thoroughly evaluated all statements and began building the case for trial. There were essentially 4 stories, nobody knows which, if any, were accurate. Considering the evidence (lack thereof), the case was dismissed shortly before starting jury trial.

Client in Immigration Process has Marijuana Charges Dismissed

L.P. was pulled over for a minor traffic violation in Pickerington when the officer noticed marijuana in plain sight. He was cited for the traffic violation and charged with illegally possessing a controlled substance. Concerned about maintaining a clean record throughout his naturalization process, he retained our firm to represent him on these charges. We were able to negotiate a dismissal of the marijuana charges in exchange for a plea on the minor traffic offense.

Burglary Charge Reduced, Young Defendant Given Diversion

Our client, who is 18 but still in high school, was accused of breaking into an ex-boyfriend’s home and stealing several items. The offense was charged as a second degree burglary, carrying a presumption of prison for 2-8 years. Further, due to the seriousness of the charge, she was not eligible to participate in the prosecutor’s diversion program. Fortunately, after speaking with the prosecutor, he had empathy for our client’s situation, and agreed to amend the offense to a lesser charge so she would be eligible for diversion. She was accepted into the program, and given the opportunity to have the case dismissed in its entirety so she can enter her adult life unencumbered by a criminal conviction.

Probation Given in High Profile Sex-Offense Case

National exposure can complicate a case, and that was the case when our client was accused of multiple counts involving child pornography, leading to his face being shown on news sites around the country. Luckily, our client had done a remarkable number of good things in his life, and many loved ones supported him. We put together a strong mitigation package, and in spite of the cameras and presumption of prison time, we convinced the judge that probation was the proper outcome. Our client was given a 90-day local sanction instead of the 19 possible years he had been facing.

Man Found Not Guilty of Attempted Murder by Reason of Insanity

In one of the more tragic cases we have handled, our client suffered a psychotic break at a terrible time and attacked his roommate by stabbing her in the neck. He had no prior criminal history whatsoever, and no motive existed as to why this happened. To make matters worse, he was also charged with a first-degree felony for swinging a knife at an officer on scene. Over a long period of time, he received in-patient care at Twin Valley Behavioral Center, and slowly but surely began to regain his mental faculties. The doctor evaluating our client agreed that he did not understand that what he had done was wrong, and that he was affected by a mental illness. He was found not guilty by reason of insanity and is still getting the care he needs in a civil commitment center.

Obstruction Charge Dismissed and Sealed

A.S. was driving her car in a lawful fashion when an officer pulled her over after mistakenly believing her vehicle had committed a traffic violation, when in fact it was a different car. After voicing her displeasure, the officer handled the situation in an entirely unprofessional manner and cited her with the criminal offense of obstruction of official business. Prior to the first pre-trial date, the prosecutor reviewed the DVD of the stop, agreed that it was inappropriate on the officer’s part, and unconditionally dismissed the case. We filed to seal the charge itself, which was granted without issue.

College Athlete has Fictitious ID and Underage Drinking Charges Dismissed

Our client, a lacrosse player for Ohio State, was a passenger in a vehicle that had been pulled over. After engaging with the Trooper, he was found to have multiple fake-ID’s on him, and to make matters worse he had been drinking though he was not 21. After engaging in negotiations with the prosecutor, it was agreed that he would complete 16 hours of community service, and have the case dismissed for payment of court costs.

Felony Drug Offense Dropped to Misdemeanor

Our client was caught at a pharmacy attempting to acquire a controlled substance with a fake prescription. We jumped in front of the situation prior to the indictment, addressed any underlying issues, and contacted the prosecutor ahead of time to lay the groundwork to a successful resolution. Shortly after the case was indicted, the prosecutor agreed to amend the offense to a misdemeanor, keeping our client’s record free from felonies.

Student’s Assault Charge Amended to Disorderly Conduct:

There had been long simmering tension between our client G.H. and another student over the other student’s inappropriate conduct with G.H.’s boyfriend, and it came to a head at a chance encounter at a local store. Both girls were coincidently there, and the accuser provoked G.H., who then punched her. There were several witnesses to the encounter. The state’s case was strong, and there was no legal justification for our client’s actions—but with that said, she was a truly sympathetic defendant, and we were able to convey to the prosecutor that she was deserving of a measure of mercy. The charge was amended to a disorderly conduct, and G.H. has the opportunity to get this charge sealed in the future.

Columbus Man has DV and Menacing Charges Dropped to Disorderly Conduct

After a long night of consuming copious amounts of alcohol, A.Q. and his girlfriend got into an altercation at her apartment. The accuser called police, and while on the phone with them, our client could be heard in the background supplying the state much of the evidence they would use against him. He was arrested and charged with two counts of Domestic Violence, Assault, and Aggravated Menacing. First, we attacked the counts dealing with physical violence, and showed the prosecutor that those charges could not be proven. Then, we focused on the crux of the problem: alcohol abuse. Our client agreed to prove he could be sober through a SCRAM device for a period of time, and in exchange, three charges were dismissed, and the remaining was dropped to a minor misdemeanor. He paid $50 and costs and will be eligible to seal the case one year from the plea.

Fairfield Domestic Violence Allegation Dismissed

In a domestic argument, J.W.’s significant other called the police, alleged he made a threat, and asked police to come and remove him. Or so the police report said. In actuality, in listening to the call, she never claimed a threat was made, and was actually rude and unreasonable with police dispatch. We contacted the prosecutor ahead of time, showed him the errors officers made, and after recognizing the problems with the case dismissed all charges at the first pre-trial. The case was sealed shortly after.

Nurse’s Theft and Assault Charges Reduced to Single Disorderly Conduct

D.M. got in an altercation with a bartender which got physical, and she got the better of the fight. The accuser called the police, and also alleged that her phone was stolen by D.M. Upon our investigation, we learned that a video existed—at least for a time. But the bar owners observed the accuser drinking and stealing—or, in the accuser’s words, putting money in her pocket to put in the register later—and the video never saw the light of day. In light of this, we were able to negotiate, against the accuser’s wishes, a plea to a disorderly conduct and no jail time.

Gun Specification Dismissed

Columbus Police responded to a domestic altercation and found C.J. leaving the Though it was a third-degree felony carrying a presumption of prison—and the state argued for a prison sentence—we scene of the incident. They seized him, searched him, and found cocaine. They proceeded to search the home as well and found two firearms. These were a particular problem, because if convicted of a gun specification, he’d be facing a mandatory minimum sentence of one year in prison. We filed a motion challenging the search, and leveraged lack of evidence tying our client to the firearms. The prosecutor agreed to dismiss the firearm specification along with a felony dangerous ordinance charge. We argued sentencing to the judge regarding the remaining drug charge. successfully persuaded the judge that C.J. had turned his life around and was worthy of probation.

Soliciting Charge Dismissed

Our client was in Franklin County for work, responded to an ad, and got caught up in a sting. We immediately reached out to the prosecutor, leaned into the fact that our client did not have a criminal record, and successfully negotiated a dismissal of the charge in exchange for a one-day educational course and court costs.

Rape Charge Amended Resulting in No Jail or Registration

An allegation of rape was levied against our client L.M., and while we disputed the charge, the state had a strong case—police were called while our client was still in the room, and he fled the scene while the call was still being recorded. Nonetheless, we mounted a defense and engaged in thorough negotiation. Prior to trial, the prosecutor agreed to amend the first-degree felony rape charge to a third-degree abduction offense and leave sentencing to the court. We successfully argued for probation, and L.M. left court a free man. Finally, the case was amended to a charge that did not carry any sex-offender notification.

Domestic Violence and Menacing Charges Dismissed

J.P. had a public dispute with his wife around the Ohio State campus, and police were called. Upon talking to witnesses, they used his alleged threats to bring domestic violence and menacing charges. The problem for the state was that they needed to prove both that threats were made, and those threats caused another to believe they were in fear of harm. This was a serious problem in their case, and we used that and an anger management assessment to get the charges dismissed for court costs.

OSU Athlete Has Criminal Charges Dismissed

Our client was a passenger in a vehicle stopped for a traffic violation. Unfortunately, G.W. was under 21 and had been drinking. Additionally, he had two fake ID’s with him. We negotiated with the prosecutor, who agreed to dismiss the case for costs, an underage class, and 16 hours of community service.

Man Facing Presumption of Prison on Drug Charge Avoids Incarceration

E.B. was arrested for an OVI offense, and in the course of the investigation, officers discovered a large number of opiate pills. He was indicted on a third-degree felony, which carried a presumption that, if convicted, the judge should sentence him to a prison term of 9-36 months. This was particularly problematic due to some serious convictions in E.B.’s past. We fought the allegation and filed a motion challenging the legality of the officer’s search, and through negotiations, secured a plea to a fifth-degree felony and a recommendation of probation. The court followed the recommendation, our client did not do a day in jail, and he has fared well on probation.

High School Student Gets Opportunity to Avoid Felony Record

D.G., a senior in high school, made an error in judgment and broke into a home of an ex and stole some items. This was out of character for her, for in spite of living in a disadvantaged school district, she had worked hard to set herself up for success. She worked, maintained good grades, and was planning on heading to college after graduating high school After being indicted for burglary—a crime carrying a presumption of 2-8 years in prison and one that is not eligible to be sealed—we impressed her potential onto an understanding prosecutor, who agreed to amend the offense to a lower charge that made her eligible for diversion. Upon successful completion, the charge will be dismissed entirely, and will be eligible to be sealed

2018 Criminal

OVI Defense Cases

2020 OVI

Trooper’s Improper Actions Lead to Reckless Operation, No License

When citing a driver for an OVI, the arresting officer has several duties—perhaps none greater than letting the person know when to go to court. Additionally, the officer should set the case within five business days of the incident so any administrative license suspension may be addressed timely. The Trooper in this case failed on both counts. First, he cited A.S. to court outside of the five-day limit—not a huge deal, but the suspension would be terminated due to the mistake. Rather than own it, the Trooper issued a second ticket, without telling out client, within the 5-dayperiod. Had we not noticed, she would have shown up to court with a warrant. Further, in filing the citation, the Trooper swore that he gave an accurate copy to A.S., which was false. We filed public record requests for all information regarding the citations and set the case for a motion hearing. Rather than put the Trooper on the stand, the prosecutor reached out and offered a reckless operation with no license suspension, which A.S. was happy to take.

Intoxilyzer 8000 Case in Franklin County Reduced to Reckless

It is no secret that Columbus was wary of the Intoxilyzer 8000 when it was first introduced. The newest breath-testing machine on the market was clouded in controversy around the country, and wishing to avoid potential litigation over the reliability of the machine, local leaders declined to have the machine used in Franklin County—a decision that, as other counties were embroiled in challenges and losing tests, looked wiser every year. In one of the very few 8000 cases in over a decade, N.0. was pulled over by a Delaware County trooper who crossed into Franklin. Being relatively new and not knowing local protocol, he arrested N.O. and took him up to Delaware to test, where he tested over the limit. Having handled many 8000 cases outside of Columbus, we filed several motions which were foreign to Columbus prosecutors, and that—perhaps combined with not being pleased at the Trooper’s failure to follow local protocol on where to go—led to a reckless operation amendment.

Motorist in America Pursuant to DACA, Avoids OVI Notwithstanding .129 Test

Downtown can be difficult to navigate if you are not familiar with the area, and V.V. found herself accidently going down two one-way streets headed in the wrong direction. She conceded to drinking alcohol, submitted to field tests, and blew a .129 after being arrested. This was a bigger problem for V.V. than most—she was set to renew her DACA status, and an alcohol related traffic offense would likely mean she could not remain in the country. Working closely with her immigration attorney, we were able to secure an offer of a reckless operation charge for a driver intervention program and six-month license suspension, setting her up for success in future immigration hearings.

.157 Test Reduced to Physical Control, No Suspension:

B.B. was seized for a marked lanes violation, exhibited clues on field tests, and tested a .157 after being placed under arrest. Instead of taking him to a patrol post, however, he took him to an outlier suburb. This created a problem for the state because they issued a subpoena for the wrong department—and without being able to show the records associated with the machine B.B. tested on, the test was in jeopardy. His back against the wall, the prosecutor agreed to our offer of amending the offense to a physical control and no license suspension.

OVI Reduced to Minor Misdemeanor Reckless Operation in Franklin

Our client, a local professional, was pulled over for a headlight violation. The officer claimed to smell an odor of alcohol and asked our client out of the car to perform tests. Our client asserted his constitutional rights, refused any testing, and was arrested for OVI. Our client had an interest in a quick resolution, and after conveying to the prosecutor our opinion of how weak the case was, they agreed to amend the OVI to a minor misdemeanor reckless operation offense with only a 6 month suspension (as opposed to the year suspension for refusing a breath test) and a driver intervention program.

Young Man Avoids OVI, Underage Consumption in Delaware Despite Testing Over Limit

M.G. was riding a four-wheeler with a friend in the early morning hours when police responded to a noise complaint. Upon contact, officers noted an odor of alcohol, put M.G. through field testing and placed him under arrest for OVI. Frankly, he looked good on the field sobriety tests; however, he was under 21—where the limit is .02, not .08. He tested back at the station a .055. We filed a motion to suppress, arguing lack of probable cause and issues related to the machine. Further, we provided the prosecutor with a letter form the firehouse M.G. was employed with. Though this jurisdiction very rarely deals on test cases, they made an exception here. The criminal underage consumption charged was dismissed, and the OVI was amended to a physical control violation.

Accident Resulting in OVI Results in Physical Control, No License Suspension:

K.S. and her friend were involved in a single-car accident, and both sustained injuries. When officers arrived, they had some trouble discerning who was driving—and only after looking at which side had the most blood, the position of the driver’s seat chair, and our client’s statement that she “couldn’t remember” who was driving did they charge K.S. However, no accident reconstructionist was called, no pictures taken, and no DNA swabs or fingerprints were collected from the vehicle. We were also able to acquire evidence further calling who was driving in question. Ultimately, in the interests of moving forward with her life, we negotiated a plea to a physical control, driver intervention program, and no license suspension.

Jail Avoided in 4th Lifetime, 2nd OVI in 10 Years on .171 Test

In Belmont County, J.G. was pulled over for going 80 in a 70. This was odd, because troopers rarely pull motorists over for a no-point speed. Odder still, the trooper followed him for 8 miles before pulling him over. After an investigation, our client was charged with an OVI and blew a .171. Upon initial stages of the case, it appeared the trooper was trying to game the system—7 out of the 8 miles he followed J.G., he was in one district of the county, but he cited him into the other. This mattered, because the judge of this district was particularly harsh on OVI offenses, and if convicted, it was realistic that J.G. could have a sentence in excess of 100 days. We showed this to the court, who did the right thing and transferred the case to the appropriate court. There, we filed our motions, and negotiated an OVI as a first offense with no incarceration.

Reckless Operation Obtained in Spite of Accident, Prior OVI Conviction Within Two Years:

Riding a motorcycle brings inherent risks, and when J.R. tried to negotiate a turn, some loose gravel caused him to lay down his bike. Medics and officers came to the scene, and due to the odor of alcohol, officers suspected J.R. to be under the influence. They followed him to the hospital where, while he was receiving medical attention, they interrupted to conduct an OVI investigation. J.R. acquiesced to a horizontal gaze nystagmus examination, but declined further tests, understandably more concerned with getting the medical care he needed. He was cited, which was particularly problematic because he had a prior OVI conviction within two years. We held firm not pleading to an OVI, and after several court dates, we were able to convince the state to offer an offense related to the accident and not alcohol through a reckless operation offense.

2019 OVI

OVI Reduced Due to Officer Error:

For some reason, officers have difficulty discerning what constitutes someone “refusing” a test. If someone is physically unable to give a sample—say, they have asthma and can’t blow hard enough, or simply do not have to urinate—the officer should not place them under suspension and should not count that as refusing a test. This is what happened with A.C.’s case. He was pulled over for a marked lanes violation and had an open container of whiskey in his car. He was arrested, and officers requested a urine sample. A.C. did not have to go, and seemingly impatient to wait, officers “counted” it as a refusal. The prosecutor agreed this was in error, informed officers of how they should conduct themselves in the future (wait or get a different type of test), and the charge was reduced to a physical control.

Fairfield OVI, Driving Under Physical Control Suspension Avoids OVI and Jail:

In the early morning hours, S.L. drove to get some food and had the unfortunate luck to come across the same officer that had previously arrested him for an OVI. The officer ran his license, saw he was suspended, and pulled him over. In spite of performing well on field tests, he was arrested and refused a breath test—a problem, because conditions of his probation included no consumption and no refusals. However, he did look very good performing the tests. Further, the video showed officers were struggling with whether they believed he was actually impaired. We got him some treatment, attacked the case, and achieved a great resolution—another physical control, no probation violation, and no jail.

2nd Charged OVI in Delaware Reduced to Physical Control:

After a wedding, our client L.C. got into an argument with her fiancé and decided to drive to remove herself from the situation. While driving, she committed several marked lanes violations and was pulled over by a state trooper. The good news was she declined any field or chemical tests. The bad news was she had thrown up and had difficulty walking and maintaining her emotions. Further complicating matters was her prior OVI conviction within 10 years, meaning she’d have to do a minimum of 20 days in jail if convicted. We fought the case and requested a motion hearing, at which point the state relented and offered a physical control violation. We accepted, and L.C. did not do a day in jail.

Wrong Way Driver Who Blows .156 Avoids OVI

M.P. was pulled over for going the wrong way down a one-way street, was alleged to have failed field sobriety tests, and blew a .156 after he was arrested. Not willing to have an OVI on his record, he hired us to fight the case. We filed a motion to suppress, and after fighting the case for months, succeeded in having the OVI amended to a physical control violation—carrying no points on M.P.’s driving record and no additional license suspension.

Woman Gets Reckless Operation Reduction After Significant Crash,
.149 Test:

While coming back from a wedding, K.H. was involved in a single-car accident in Franklin County, and her vehicle sustained significant damage. She continued to drive, though a Trooper noticed the obvious near-disabling damage and pulled her over. After submitting to tests, she was arrested and blew a .149 after testing a .202 on scene with the Trooper’s portable breath test. We filed a motion challenging several aspects of the encounter, and after several dates were successful in bartering for a reckless operation offense with no probation, a driver intervention program, and six-month license suspension with privileges.

Medical Issues Mimicking Impairment Lead to OVI Dismissal and Suspension Vacated in Columbus

Medical issues can mimic impairment, and untrained (even trained) officers have a hard time distinguishing between the two. Unfortunately, J.H. ran into some deputies who clearly were not properly trained. J.H.’s tire blew, and he got in an accident. He has significant nerve damage in his legs and has a very difficult time walking. Deputies put him through field tests, which of course he had difficulty with due to his medical conditions. They assumed he must have been under the influence of a drug—alcohol was not suspected—and they placed him under arrest. Our client told them they were poor at their job—and he was right. The prosecutor acknowledged the problems with the case, and agreed to dismiss the OVI charge and vacate J.H.’s one-year administrative license suspension. We plead to the minor misdemeanor failure to control violation, received a small fine and closed the case.

Veterinarian Has .149 OVI Dismissed After Hearing:

In Medina County, a particularly difficult place to defend an OVI, J.H. was pulled over for a marked lanes violation. She submitted to field sobriety tests, was arrested, and ultimately blew a .149. Upon review of the video, it was clear the officer hadn’t been properly trained in quite some time, and at a hearing he conceded he should have done a better job. After finding possible issues related to record maintenance with the machine, the prosecutor reassessed the strength of his case, and offered to dismiss the OVI in exchange for a driver intervention program. We gladly accepted

Felony OVI Reduced to Misdemeanor

Charged with an OVI for the 5th time in 10 years, officers procured a search warrant to obtain a blood sample. The test came back with a prohibited BAC and marijuana metabolite levels. Due to the number of prior convictions, our client was indicted on a felony and faced the possibility of prison and a license suspension of three years to life. We filed a motion challenging the evidence, focusing on whether the blood draw was timely and poor administration of field sobriety tests. On the date of the hearing, the prosecutor acquiesced to dropping the felony to a misdemeanor, resulting in 30 days of incarceration at a community alternative correctional center (with work-release) and a two-year license suspension.

.169 BAC Test Pled Down to Reckless Operation in Franklin County

Often, acquiring an excellent resolution is simply a matter of will—and that was certainly the case here. J.C. was charged with an OVI by Columbus police, and later blew a .169. We challenged the test result and pushed through six hearing dates before the state finally relented to what we were pursuing—a traffic offense having nothing to do with drugs or alcohol

OSU Athlete has OVI and Criminal Charges Reduced

J.W. was in a serious predicament with a lot on the line. He had been arrested for OVI and tested a .147—a problem for anyone, but particularly for J.W. who was under 21, where the limit is .02 as opposed to .08. To compound the problem, he was found with four fake id’s, and was charged with criminal tools and underage consumption. His position on his team, not to mention his record and freedom, were very much at stake. After some significant work—including catching the Trooper claiming evidence in his report that the video proved was false—we got an offer of a reckless operation and disorderly conduct, with all other charges dismissed. He remains on the team and will be eligible to have the disorderly conduct sealed from his record.

OVI Reduced, Hit Skip Dismissed Despite Four Different Drugs

T.H. was involved in two accidents in close proximity and was arrested a short distance away. Officers called in a “Drug Recognition Expert” to put him through a 12-step program, involving everything from blood pressure to pupil examinations to try and determine what drug the suspect is under the influence of. The DRE determined T.H. to be under the influence. Having spoken on the inadequacies of DRE methodology at numerous seminars, Dan challenged the results, and eventually the prosecutor relented and amended the OVI to a physical violation and dismissed the hit-skip charge.

In Spite of Accident, Woman Has OVI Reduced to Reckless Operation with No License Suspension

In the midst of a particularly difficult period in her life, D.D. was charged with an OVI after colliding with a street sign. In spite of admissions to consumption and nearly falling when she was with the officer, we were able to convince the prosecutor to amend the offense to a charge of reckless operation of a motor vehicle. She completed a driver intervention program, and the prosecutor agreed to not impose any license suspension.

Nurse Keeps Job, Avoids OVI After Blowing .19 Test

Sometimes will and grit are the greatest assets in OVI defense, and that was certainly the case with L.S. She was a nurse who consumed alcohol at a work gathering and came into contact with officers afterwards. Frankly, she did not look great doing field sobriety tests, and there was nothing obviously wrong with the machinewhich would knock out her .19 test. That said, we pressed on, and advanced some novel arguments regarding whether the testing officer had properly renewed his permit to conduct BAC testing. After several dates, we finally succeeded in getting the OVI amended to a physical control violation.

Off-Duty Police Officer With .17 Test and Accident Avoids OVI

Some may think officers or celebrities get preferential treatment. But the reality is much more often than not, their cases are the most difficult—no prosecutor wants to be in the paper for being soft on certain defendants. With the pressure ramped up, and our client’s job possibly on the line, we went to work. This particular case had a non-injury accident, but not much else except the high-tier breath test in excess of .17. We went to the Pickerington police department to check out their maintenance records for the machine, and sure enough, the officers made a mistake—the weekly simulation that had to be within .005 of a known value was in actuality .006. It was outside of tolerance. With the test out, we had the prosecution right where we wanted them, and secured an offer of a physical control violation—with no probation, no program, no suspension, and a small fine.

Pilot Pursuing a Career in the Air Force Avoids OVI

In Fairborn, we represented a young man charged with an OVI. He had a lot on the line, as he was in the national guard, logging flight time and pursuing a career in the Air Force. We were able to negotiate a reckless operation in terms favorable to his military career, including avoiding the court’s standard period of probation, which would have been a significant problem.

Officer’s Poor Testimony Leads to Deal in the Middle of a Hearing

T.A. had a difficult case—he was found passed out at a stop light on Olentangy River Road, displayed numerous indicators of impairment when he was with officers, and blew a .122 back at the station. We fought nonetheless, and at a motion hearing, three officers were slated to testify. The first two—testifying before the arresting officer, who had never testified before—were a disaster for the prosecution. Errors in procedure, doubt as to a mandatory 20-minute observational period prior to testing, and testimony directly conflicting with video evidence led the prosecutor to waive the white flag prior to their last witness. T.A. gladly accepted an offer to a physical control violation.

Jury Finds Man Not Guilty of OVI

On New Year’s Eve, T.W. was traveling up 71 and was pulled over for marked lanes violations in Morrow County. There was an open bottle of alcohol in the car, and the officer put him through field tests. He was arrested for an OVI and declined a breath test. We refused to plead guilty and took the case to trial. There, the officer conceded that he made mistakes in his investigation and should have done a better job. In fact, the officer’s performance was so poor, the court made the state black out certain portions of the video—a point that, I’m sure, was not lost on the jury. They took a short time to deliberate, and quickly found him not guilty of the offense.

Jury Returns Not Guilty Verdict in Morrow County OVI

When the prosecutor began hisclosing argument with “you may remember Mr. Sabol tricking the officer into saying his clientlooked sober,” there was little doubt as to the outcome of the case. In spite of an open bottle ofchampagne in the car and a claim that our client T.N. had exhibited 12/13 relevant clues ofimpairment, cross examination revealed that T.N. looked normal when asked to do normal tasks,and the Trooper conceded that he made mistakes and should have done a better job. The jurytook less than an hour to return their verdict.

2nd OVI in Delaware County Reduced to Physical Control Violation

Picking up a charged second OVI within ten years is never ideal, and even less so in a county with a well-earned reputation for being tough on OVI’s. We filed a motion to suppress and focused on the positive aspects of the case. Just prior to the motion hearing, the prosecutor acquiesced to amending the offense to a physical control violation, and our client avoided jail time and had a two-year administrative license suspension cut to six months.

Job Saved as Man Gets 2nd Reduction to Reckless Operation

Our client was charged, for the second time, with an OVI. After successfully acquiring a reduction to a reckless operation offense the first time around, he needed the same result—our client had to travel regularly to Canada, and an OVI or a Physical Control violation would prevent his admission to the country. We turned down an offer to a Physical Control in arraignment court and fought the case until we secured another offer of a reckless, coupled with a driver intervention program and six month license suspension.

Air Force Pilot Avoids OVI

An OVI carries unique problems for a pilot, and those issues are compounded when that pilot is in the Air Force. This was the scenario B.B. found himself in. After consulting with a JAG, our goal was clear—avoid any conviction dealing with alcohol, avoid a fine of $300 or more, and avoid any incarceration or suspended sentence via probation. After filing a motion to suppress and several rounds of negotiation, we met this goal with a reckless operation reduction, a $250 fine, and no actual or suspended sentence. For good measure, his license suspension was also reduced from one year to six months.

Professor Charged with OVI Receives a Fine Only with a Reckless Operation Reduction

After coming in town to deal with an ill relative, a professor at a Big Ten University was pulled over and arrested for an alleged OVI in Morrow County. We fought the case and insisted to the prosecutor that we would not plead to any offense related to alcohol use, and any resolution would require an agreement to no license suspension, no program, and no probation. After initially rejecting our position, the prosecutor acquiesced when it was clear we would not back down. He was given a fine and the case was closed without further consequence.

Phlebotomist Beats OVI in Spite of .19 Breath Test

L.S., a young lady with a promising future as a phlebotomist and without any criminal record, attended a work gathering and consumed more alcohol than she had planned. After driving then falling asleep at the wheel, officers confronted her, and she inadvertently moved her vehicle a little more before coming to a stop. She was arrested and tested at a .19. In spite of facing mandatory jail time, with her career on the line we rejected an offer to plead to a regular OVI and proceeded to file a motion to suppress the results. After several hearing dates, the prosecutor found himself in a difficult position without an essential witness, and finally acquiesced to reducing the charge to a non-moving violation of a Physical Control violation.

Fairfield Man Avoids Jail and 2nd OVI

After being convicted of an OVI less than 6 months prior to these incidents, R.P. was cited on two different occasions—the first for driving under suspension, and the second for an OVI after he was found sleeping in a fast food drive through in the early morning hours. The DUS charges brought mandatory jail time in and of themselves, not to mention the additional suspension and mandatory jail time that would be a consequence of a 2nd OVI conviction. There were problems with the case though—the officer did not perform a complete evaluation, and further, we had evidence showing that R.P. had not slept for a while and was on his way to work an early shift. After declining multiple offers, we secured an offer of a reduction to a physical control violation with a stipulation that his license suspension be terminated. Both DUS cases were dismissed.

Dublin Driver Charged with 2nd OVI Has Charges Reduced

On the side of a road, Dublin officers came upon our client S.A. asleep behind the wheel. Presuming impairment from alcohol, the officers placed him under arrest, and S.A. refused a breath test. Further, he had been previously convicted of an OVI. We fought the case, and although he was not parked in a traditional place, our argument that it was possible that he had not driven impaired to the location persuaded the prosecutor to amend the offense to a physical control violation. In addition, his license suspension of two years for refusing the breath test was terminated, and replaced with a six month suspension.

Reckless Operation Reduction After Testing Over Legal Limit

Our client, D.D., was seized for a headlight violation, and was ultimately placed under arrest for an OVI. He submitted to a test, and though he was over the legal limit, he was only over slightly at a .084. There is a strong argument to be made that being under the legal limit would be within the machines acceptable range of results, and after some negotiation, the prosecutor agreed to reduce the offense to a reckless operation violation with no probation.

2nd Offense OVI in One Year Reduced

Facing a second OVI in a matter of a year, T.W. knew he needed quality representation. He was facing a minimum of 10 consecutive days in jail if he was convicted of this OVI, along with many other penalties. First, Chase negotiated a “stay” of the ALS and had the court place him under a public safety suspension with driving privileges that required an interlock device. Despite having multiple failed tests on the interlock device, Chase was able to leverage the evidence to negotiate a stipulated first offense OVI. T.W. avoided jail and was sentenced to minimum penalties for first time OVI offenders.

Oil and Gas Professional has OVI Dismissed

After a single car crash in Belmont County, S.K., a Colorado resident here in Ohio working in the Oil and Gas Industry, was charged with an OVI and subsequently submitted to a breath test with a result of .16. To maintain his employment he could not afford to have an OVI on his record. He sought the help of Chase Mallory. After conducting his investigation, Chase filed a motion to suppress on many issues, but particularly on the timing of the breath test. Breath tests are only admissible in Ohio if they are taken within 3 hours of operating a vehicle. Because nobody witnessed the accident, Chase knew this would be a nearly impossible burden. After the suppression hearing the case was taken under advisement for the judge to rule. The case was later dismissed in its entirety.

Felony Charges Dropped after OVI Negotiations

Facing a second offense OVI, J.W. was looking at a minimum of 20 consecutive days in jail and also up to a year in prison for the cocaine they found in his possession after arrest. Needing to avoid a felony conviction, he was referred to Chase by a former client. We were able to negotiate a guilty plea to the OVI (dismissal of the (A)(2)) contingent upon the state agreeing to not pursue any felony charges.

Client Avoids License Suspension on Hit Skip Charges

A young professional mistakenly ran a traffic light late at night in Johnstown. He collided with another vehicle and ultimately crashed into a pole. Injured and scar

ed, he left the scene. The following day he contacted Chase to help navigate this situation. We contacted the prosecutor and negotiated for the case to be filed in mayor’s court, prepared a written statement, and entered a plea at the first hearing. Our client avoided jail and even a license suspension that is mandatory for a failure to stop after an accident charge in Ohio.

2nd Offense OVI Reduced to Physical Control

An IT professional and former client of Chase’s found himself charged with an OVI in Fairfield County this past summer. He had a prior OVI conviction in 2009 and a prior charge of OVI in 2015 that Chase was able to get reduced to a reckless operation. This time, he was stopped for his driving characteristics and asked to complete SFSTs based on slurred speech and the strong odor of an alcoholic beverage. He denied drinking and refused any form of testing. Based on the prior conviction and prior reduction, along with the totality of the circumstances on video, the prosecutors were reluctant to make any offers. After a suppression hearing they agreed to reduce this to a stipulated 1 st offense – saving B.P. 20 days in jail. Upon discussions with Chase, they agreed to reject the offer and proceed to trial. The day prior to trial, B.P. was offered a Physical Control which he accepted. He was able to avoid the OVI conviction and consequently able to keep his job.

Veteran has OVI Charges Reduced

A veteran and Columbus area real estate professional was charged with an OVI in Fairfield County while driving his friend back to his hotel. The trooper administered SFSTs and a portable breath test to T.E.. After failing both of these, the trooper placed him under arrest, cited him for OVI, and transported him home. Chase quickly began researching this case and conducting interviews. He conducted a suppression hearing and began building his client’s story for trial. Just prior to trial, the prosecutor agreed to amend the OVI to a physical control.

1st Offense OVI Reduced for Teacher

A school teacher in Fairfield County was traveling home with her husband, a local firefighter, when she was stopped near her home for marked lanes violations. The trooper noticed a strong odor of an alcoholic beverage and slurred speech while speaking with her. She was removed from the car to perform SFSTs, but due to a prescription medication and knee injuries the trooper did not administer the One Leg Stand or Walk and Turn. She was placed under arrest for OVI and refused to take a breath test. Chase asserted her right to a speedy trial and set the matter for trial. The morning of trial the prosecutor reduced the OVI to a Physical Control. C.A. completed the DIP and paid a fine and court costs. Her administrative license suspension was terminated.

1st Offense OVI with Crash and .12 Breath Test Reduced

After losing control of his vehicle on 670 in Columbus, our client was apprehended by police. He was covered in vomit and smelled like alcohol and was immediately placed under arrest. A subsequent breath test yielded a .12. After consulting with Chase, they agreed that it would be difficult to avoid an OVI conviction but they would evaluate evidence and try to capitalize on any mistakes. Fortunately, Chase was able to find a flaw in the manner in which he was cited for the OVI. The prosecutor was forced to reduce the OVI to a reckless operation as a result.

3rd Offense OVI Dismissed

Our client, a nearly 70 year old business owner, was attempting to drive home after consuming alcohol and was pulled over for a marked lanes violation. He had recently had an eye operation that was complicating his ability to operate his vehicle. The officer smelled the odor of alcohol and he acknowledged he had consumed alcohol but indicated his driving flaws were due to his vision. He ultimately refused any testing. A family member, who is also a lawyer, referred J.M. to Chase to ensure the best possible defense as he had prior OVIs. After filing a motion to suppress, the state agreed to dismiss the OVI and our client was granted driving privileges on the administrative license suspension.

OVI Charges Dismissed for Pilot

A pilot and business owner crashed his vehicle on his route home after having dinner with a friend. He was immediately transported to a hospital for his injuries and submitted to a blood test. He was charged with an OVI and awaited the blood test results. A prosecutor referred S.D. to Chase knowing the necessity of avoiding an OVI conviction given his status as a pilot. The blood test results came back around a .16. Chase and Dan put their extensive knowledge on blood testing to use during cross-examination of the lab personnel. Not only were there issues with the blood test itself, the court suppressed the blood test due to it being obtained through coerciveness. The state then dismissed the case entirely.

1st Offense OVI Reduced

At 60 years old, R.G. found himself charged with a crime for the first time in his life. Afterleaving a restaurant with friends, he was stopped for numerous marked lanes violations. After failing SFSTs, he was arrested and submitted to a breath test yielding a .15 BAC, nearly twice the legal limit. Chase entered a not guilty plea and began reviewing the evidence. After finding a flaw in the charging document (ticket), he was able to negotiate a reduction of the OVI to a reckless operation. Our client will complete the DIP, pay the fine and court costs, and serve the 90 day administrative license suspension.

All Evidence Suppressed on 1st Offense OVI

Our client, a local school teacher and athletic director, was traveling home after an eveningwith fellow coaches. He was stopped for a minor speeding violation when the trooper became suspicious of an odor of an alcoholic beverage. Despite not believing him to be impaired, he was asked to perform SFSTs. He was arrested and charged with an OVI and given the option to submit to a breath test. However, he was told if he refused she would simply take him home, but if he wanted to take the test she would have to transport him to the post and he would have to arrange for a ride home or spend the night there. He ultimately refused so he did not have to wake his wife and kids. Chase filed a motion to suppress and held a hearing on the matter. The judge agreed that there was no reasonable suspicion to believe that B.P. was impaired and all evidence was suppressed. The state then certified they could not proceed to trial without that evidence.

1st Offense OVI Reduced for Nurse

A registered nurse found herself charged with an OVI in Washington County after attempting to be the designated driver for a friend. With her job on the line, she was referred to Chase. After reviewing the traffic stop and administration of the SFSTs, Chase filed a motion to suppress and scheduled the matter for an evidentiary hearing. Just prior to the hearing the prosecutor offered to reduce the OVI to a Physical Control. Our client completed the Driver Intervention Program and paid a fine – and most importantly salvaged her career.

OVI with .12 Breath Test OVI Dismissed

Our client recently moved to Ohio from New York for her career in cyber security. She wasreferred to attorney Chase Mallory by another attorney after being arrested for an OVI in Licking County. New to the area and new job, she needed to avoid an OVI conviction. Chase visited the Pataskala Police Department numerous times to review the breath testing records. Based on missing maintenance records found in his efforts, we filed a motion to suppress the evidence. During the suppression hearing it became clear there were in fact missing records (as required by the Ohio Administrative Code). The state dismissed the case in its entirety.

2018 OVI

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