2019 OVI CASE RESULTS
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,
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 in
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 scared, 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.
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.