OVI CASES

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

SUCCESS

OVI Case Results

2020 OVI CASE RESULTS
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 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,
.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 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.
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 CASE RESULTS
Cambridge Jury Finds Man Not Guilty of OVI
After spending the day with family and friends at the “Deerasic Classic”, J.V. was pulled over after his large truck veered over the fog lane. J.V. was a former Big Ten football player with a history of significant injury, and he was unable to perform the field sobriety tests to the Trooper’s satisfaction. He was subsequently placed under arrest, and we insisted on a jury trial. At the trial, the Trooper admitted on cross examination that he made mistakes in his investigation. Further, J.V. testified convincingly as to our side of the story. The jury came to a quick verdict acquitting J.V. of the OVI accident.
CDL Driver Avoids OVI and Suspension
D.J., at a particularly trying point in his life, got into an accident in the early morning hours. He was arrested for OVI, and submitted a sample of his urine. The results were not ideal—along with alcohol, there was cocaine and several prescription drugs. Further, a small amount of cocaine was found, and he was later charged with a felony drug offense. With his occupation on the line, we filed a motion to suppress along with a demand for all laboratory evidence. After extensive negotiation, we reached a resolution to plead to the no-point, non-moving violation of being in physical control of a motor vehicle while impaired—with an additional stipulation that D.J. would not receive a license suspension. Further, in a separate negotiated plea, we pled to a misdemeanor for treatment to address the felony, and the misdemeanor plea was later vacated and dismissed once the treatment was successfully completed.
Man Has Fairfield OVI Dismissed and License Restored
P.C. was pulled over for a turning violation and was ultimately arrested for an OVI. We challenged the constitutionality of the seizure, and at a hearing, the officer conceded he only had evidence of consumption, but not impairment, when he initiated the OVI investigation. As a result, the Judge found a Fourth Amendment violation. The state then dismissed the OVI charge, and the judge terminated the administrative suspension P.C. received for refusing to take a breath test.
CDL Driver Has BAC of .172, Avoids Conviction & Suspension
A.C. left a gathering, felt that he drank too much to drive, and pulled over to sleep it off until morning. Unfortunately for A.C., an officer approached him as he slept, A.C. admitted to driving to the location, and had a breath test of .172. With his job in the balance, we fought the case and successfully convinced the prosecutor that there was a good chance the breath test would not be admissible due to not being able to prove that it was taken within three hours of A.C. actually driving. Ultimately, a plea bargain was reached to the non-moving, zero point offense of being in physical control of a vehicle while impaired—and no license suspension was imposed.
College Football Player Avoids Violation After Being Charged with OVI
After a late-night get together, J.S. was pulled over for a marked lanes violation, and was arrested for OVI in spite of performing well on SFST’s. He only blew a .034, but the problem was that he was under 21, and the legal limit is .02. He was also charged with underage consumption. The prosecutor was unwilling to do (in our opinion) the right thing and dismiss the OVI, so we proceeded to fight the case the old-fashioned way by filing a motion to suppress. Our investigation revealed that the machine he tested on was tested outside of tolerance the week before J.S.’s test, which rendered his test inadmissible. Without the test, the OVI cases fell apart, and the prosecutor finally agreed to dismiss the entire traffic case for a plea to the underage consumption charge, which J.S. will be eligible to have sealed off of his record.
Nurse Avoids Second OVI Conviction
A.K., a nurse, was cited with her second OVI within a ten year period. Believing in our defense, we rejected an offer to plead to the OVI as a first offense to avoid a mandatory-minimum 20 day jail sentence, and continued to fight the case. On the precipice of a motion hearing, the prosecutor acquiesced to our demands, and reduced the offense to a reckless operation offense.
Urine Test Dismissed for Lab Noncompliance
T.K. was involved in an accident, and though no alcohol was present, officers suspected T.K. was under the influence of a drug of abuse. After running through tests, T.K. was arrested, and was later tested by a “drug recognition expert” and submitted a sample of his urine. At a motion hearing, we were first able to establish that many of our client’s symptoms were inconsistent with the drug the officer was claiming our client was under the influence of. Further, the lab technician was unable to supply sufficient evidence to demonstrate that her lab was properly credentialed—an error that resulted in the court suppressing the test. With their case severely damaged, the state offered a reckless operation charge to resolve the case, which our client happily accepted.
Law Student has 4th Charged OVI Dismissed
Our client, K.S., was charged with an OVI in the Short North after having 3 prior charged OVI’s, two of which resulted in convictions. To make matters worse, he was on probation as well. Fortunately, in this case, K.S. was innocent—we believed the evidence fell woefully short, and proceeded to a motion hearing after rejecting an offer to treat this OVI like a first offense. At the hearing, we were able to get the Trooper to concede that he had doubts as to whether our client was impaired—and this proved to be a fatal blow to the state’s case. The judge ruled there was no probable cause to place K.S. under arrest, and the state was left with no choice but to dismiss the OVI.
2nd Charged OVI in Upper Arlington Results in Reduced Reckless Operation Conviction
Within two years of being convicted of his first OVI offense, A.L. was involved in an accident and cited not just with an OVI, but a hit-skip as well. We filed a motion to suppress, and pointed out not only the officer’s errors in the investigation but the favorable facts supporting our case. After several court dates, the prosecutor relented, and offered a reduced charge of reckless operation.
After testing over limit & getting in an accident, avoids suspension & conviction
In a particularly difficult case, officers came upon B.L. after he was involved in a single car accident. Smelling a “strong” odor of alcohol and slurred speech, officers put our client through SFST’s. They claimed he indicated impairment on 16 of 18 indicators. Finally, he had just gotten a physical control the previous year. Undeterred, we fought the case, and at a fourth motion hearing date we finally prevailed in achieving a physical control reduction with an agreement of no license suspension.
Professional Secures Reckless Operation Offer to Avoid OVI
D.O., going through a particularly challenging time in his life, was pulled over for a turn signal violation, was put through SFST’s, and was ultimately arrested for an OVI. We secured an offer of a physical control violation relatively early, but an alcohol-related traffic violation would have been problematic, so we pressed forward. After several court dates, the prosecutor was persuaded to offer a reckless, which D.O. happily accepted.
Delaware County OVI Reduced to Physical Control Violation
S.A. was observed driving from Polaris around 2:00 AM, and because she did not have her headlights on, she was pulled over by the Delaware County Sheriff’s Office. Upon approach, the Deputy claimed to smell the odor of alcohol, and proceeded to administer SFST’s. The Deputy claimed S.A. failed each test, and placed her under arrest. The problem with the case, however, was apparent on the police narrative—by the Deputy’s own language, it was clear they did not understand how to properly administer the tests. At the first pre-trial, after showing this to the prosecutor, they agreed to reduce the charge and cut the license suspension in half from one year to six months.
Driver Pleads to Reckless Operation After Traveling With Drugs in System
After some confusion, J.R. found himself traveling the wrong way on a ramp on to the freeway, and found himself stopped by a seasoned CPD freeway officer. After SFST’s, he was arrested, and gave a sample of his urine. After the sample was analyzed, several drugs of abuse were found, including cocaine. Nonetheless, we continued fighting the case and the method the state took to analyze the test, and our perseverance paid off with an amended charge of a reckless operation.
Second OVI Charge Pled Down to Physical Control Violation
A.S. was pulled over for a marked lanes violation, was put through standardized field sobriety tests, and was ultimately arrested for OVI, OVI with a prior OVI conviction within 20 years, and drug paraphernalia. We filed a motion to suppress, and had quite a bit to talk about—the Trooper was clearly not on her game, and made many mistakes throughout the encounter. At a motion hearing, the prosecutor acquiesced to our demand to dismiss the drug charge and amend the OVI, and we entered a plea to a physical control violation.
In Spite of Breath Test, Woman Earns Reckless Operation Plea
After committing several traffic violations, A.P. was pulled over by the Highway Patrol. After being put through SFST’s, she was arrested, and submitted to a breath test registering .108. We filed a motion challenging the results, and prior to the hearing, we were able to negotiate a reduction to a reckless without any period of probation.
After Blowing a .145, Military Officer Avoids OVI
D.T. was pulled over for a marked lanes violation, given SFST’s, and placed under arrest for OVI. Post arrest, D.T. gave a breath sample, which registered .145. Knowing an OVI conviction would be particularly harmful to his military career, we attacked both the initial arrest as well as the breath test. Highlighting the Officer’s combat injuries and how they contributed to difficulty in performing field tests, along with problems with proving the machines compliance with regulations, led to the prosecutor eventually offering a reduced charge to a reckless operation with no license suspension.
Grandview Heights OVI Arrest Ends with Reckless Operation
After going through a red light in the early morning hours, D.P. was pulled over, given tests, and arrested for OVI. In analyzing the case, it became apparent that the officer lacked experienced, and we were able to leverage her mistakes into a favorable plea to not just a reduction to a reckless operation offense, but also an agreement to terminate D.P.’s suspension for refusing the test and no imposition of any court suspension.
High Test OVI Reduced
In 2017, I.R. was charged with an OVI. Chase negotiated a reduction of that OVI to a reckless operation. He found himself in charged with another OVI, this time a test over .17. After filing a motion to suppress, the state agreed to dismiss the high tier test and recommended statutory minimum penalties on a 1 st offense OVI.
1st Offense OVI Reduced
A Dublin resident who owns a home building company was stopped immediately after he pulled out of the parking lot at a well known bar for not using his turn signal. After failing field sobriety tests and admitting to drinking, he was placed under arrest and charged with OVI. We were able to negotiate a reduction to a physical control in arraignment court.
Professional Sales Executive has OVI Reduced
Avoiding a license suspension and OVI conviction were necessary for J.C. to keep his
employment as a sales executive. He first contacted another local attorney who then referred him to Chase knowing the gravity of the situation. Chase conducted a thorough investigation and was able to point out flaws in essential elements of proof. The prosecutor agreed and reduced the charge to a physical control. J.C. completed the DIP and avoided both the conviction and license suspension.
OVI with Breath Test and Crash Reduced
Referred to Chase by a local police officer, K.P. needed to avoid an OVI conviction in order to maintain his employment. He was traveling home and crashed his vehicle into a telephone pole and later confronted by police. He was charged with the OVI and submitted to a chemical test yielding a result well in excess of the .08 limit. After litigating and negotiating the case, the prosecutor agreed to reduce the OVI to a reckless operation. K.P. completed the DIP and paid fines and court costs.
Archived Cases
Case with .270 Urine Test Reduced to Reckless Operation
S.S. was an Indian citizen working in the U.S. on a green card and found himself pulled over one night for speeding and marked lanes violations. He was placed under arrest for OVI and submitted to a urine test—which came back at a level of .270, well above even the high-test level of .238. With his job and green card status at stake, S.S. was willing to push the case as hard as possible to avoid an alcohol related offense. Dan filed both a motion to suppress as well as a specific discovery demand tailored both to the specific testing of the urine sample and the qualifications of the tester. This investigation led to two discoveries—first, that there was not a proper seal of the urine vial, and second, that the tester had failed a portion of his proficiency test. With this ammunition in hand, Dan was able to convince the prosecutor to dismiss the minor traffic violations and amend the OVI to a reckless operation offense, thereby keeping S.S.’s traffic record clear of any alcohol related convictions.
Jury Finds Man Not Guilty of OVI
V.C. was pulled over in Delaware county for marked lanes and turn signal violations, admitted to drinking, and after field sobriety testing was placed under arrest. He was offered one breath test, but after it registered “invalid,” the Trooper decided not to offer another one and marked it as a “refusal.” The prosecutor was unwilling to offer a reduction, and V.C. took Dan’s advice and forced the government to prove their case. At trial, the Trooper conceded that V.C. may not have actually refused the test and it could have had an invalid sample due to machine error, and further conceded that he made mistakes in the administration of the field sobriety tests. In spite of the state’s evidence, including not being able to recite the alphabet in order, V.C. was found to be not guilty.
Man Who Blows a .144 Found Not Guilty by Jury
J.W. was pulled over for speeding, was arrested for OVI, and subsequently submitted to a breath test which registered a .144. J.W. insisted that he had only consumed two beers, and we retained an expert witness who testified that, if J.W. was to be believed, his true BAC would be far below a .08. Further, he testified that the high result was likely the result of acid reflux J.W. was experiencing from pizza he had eaten earlier. Further, at trial, the arresting officer admitted that he had not done everything he could to make sure the test was accurate, and he was not an expert in breath testing. The jury was only out about 25 minutes before they vindicated our client.
Woman Who Blows a .157 has OVI Dismissed and License Reinstated
T.R. was pulled over in Lancaster for a turn signal violation, arrested for an OVI, and blew a .157 back at the station. Dan filed a motion to suppress, arguing that the officer did not have reasonable suspicion to begin an OVI investigation, and that the officer lacked probable cause to place T.R. under arrest. After the officer agreed that he had merely evidence of consumption of alcohol—not actual impairment—prior to requiring T.R. to submit to SFST’s, the Judge agreed with Dan’s motion and found that the officer had violated T.R.’s constitutional rights. As a result, all evidence after that point, including the test, was suppressed, and the prosecutor was forced to dismiss the OVI charges.
Woman’s DUI Dismissed After Judge Throws Out Breath Test
A college student found herself pulled over in Licking County, arrested for OVI, and she blew a .065—below the standard over-21 level, but well over the underage per se level of .02. We proceeded to a motion hearing and challenged whether the officer properly observed her for 20 minutes prior to her test—a requirement which, if not observed, would require that the test be suppressed. R. Testified that she had used the restroom prior to testing, and the Trooper testified that she was mistaken. In a welcome decision, the Judge found R.’s version of events to be more credible, and suppressed the test result. Without the test, the prosecutor elected to dismiss the OVI offenses.
Man with CDL and .122 Test Avoids OVI and Disqualification
K.B. was pulled over in Delaware for being under a non-compliance suspension, was arrested for OVI, and tested a .122. This was particularly troubling for K.B. because he had a CDL, and either an OVI conviction or an Administrative License Suspension would result in a one year disqualification of his CDL (and the loss of his employment). Dan filed a motion to suppress, and at the hearing the prosecutor was unable to produce the evidence necessary to get the test into evidence. As a result, a negotiated plea was reached where K.B. pled to being in physical control of a vehicle while impaired (a non-moving violation carrying no points), and further having his ALS terminated and CDL disqualification withdrawn. K.B. accepted the offer, and was able to keep both his CDL and his job.
Woman’s OVI Dismissed After Constitutional Violation
N.H. was pulled over in Fairfield County for going left of center, was arrested for OVI, and subsequently blew a .088. Despite a willingness to plead to a lesser offense, N.H. was pulled over in a jurisdiction that generally does not plea bargain, even on cases involving relatively low tests. Undeterred, we pressed forward with a motion challenging the legality of the officer’s detention. After the hearing, the Judge found that the officer violated N.H.’s rights by initiating the OVI investigation without cause to do so, and the prosecutor had no choice but to dismiss the OVI charges.
Woman With .187 Urine Test Has OVI Charges Dismissed
C.L was pulled over for going left of center, performed field sobriety tests, was arrested for OVI, and subsequently gave a urine sample that was tested to be .187. In a motion hearing, we were able to expose the Trooper’s errors in his administration of field sobriety tests, and the Judge deemed them inadmissible. Without them, the court found the Trooper lacked probable cause to make the stop, the urine test was excluded from evidence, and the state ultimately dismissed the OVI charge.
3rd Charged OVI Dismissed, No Probation Violation Found
K.S. was charged with his 3rd OVI in just a few years. He was still on probation for his 2nd OVI with about six months of jailtime hanging in the balance of his case. We proceeded to a motion hearing, where on cross examination we were able to get the officer to concede that he had doubts about our client’s impairment. This statement carried weight with the judge, who found that the officer did not have probable cause to place our client under arrest. The OVI charge was later dismissed, and no probation violation was found.
Jury Finds Man Not Guilty of 8th Charged OVI
Our client, on probation for a felony OVI, was arrested after being pulled over for a marked lanes violation and testing a .277 on a portable breath test (inadmissible in trial). With years of prison time hanging in the balance, we proceeded to trial, where the officer claimed our client admitted to having too much to drink. However, through cross examination, discrepancies in the officer’s testimony in front of the jury, and when testimony taken at a previous hearing were brought to light, it became evident that the officer was not telling the truth about several aspects of the case. The jury found our client not guilty, and his probation was not revoked.
Man Found Not Guilty of Vehicular Homicide
Our client, a young man with no criminal record, was operating his vehicle when, unexpectedly, a deer ran into the roadway and he lost control of his car. Tragically, his passenger was thrown from the car and died. After an accident reconstructionist surveyed the scene, officers believed that our client was negligent in his driving, and charged him with vehicular homicide. The case proceeded to jury trial, where the Trooper candidly admitted that our theory of what happened was perfectly plausible. As a result, the case never reached the jury—the Judge granted our motion for a direct verdict of acquittal at the close of the state’s case.
Woman Found Not Guilty of OVI After Accident
Coming off the freeway in Cambridge, L.L. got into an accident with a trailer, and after an investigation, was arrested for OVI. Asserting her innocence, we had witnesses testify to her only having one alcoholic beverage and not being impaired prior to driving, and the jury vindicated her assertion of innocence by finding her not guilty.
Former Trooper of the Year’s BAC Permit Invalidated, Breath Test Tossed
G.O. was charged with an OVI and tested over the legal limit. We filed a motion to suppress alleging, among other things, that the Trooper did not properly renew his permit. The Trooper, a former “Trooper of the Year,” testified that he did not do an “in-service course” to renew his permit, even though that is a requirement of the Ohio Department of Health. The court found his BAC permit invalid, which resulted in the breath test being suppressed. Without this evidence, the prosecutor offered an amended offense of reckless operation, which G.O. gladly accepted.
DUI Dismissed at Motion Hearing
D.A. was pulled over for a turn signal violation, was placed under arrest, and subsequently tested a .094. Unwilling to plead to an OVI, we filed a motion to suppress evidence as a result of possible constitutional, statutory and regulatory violations. At the hearing date, officers elected to deprive us of their presence, and the prosecutor agreed to unconditionally dismiss all charges. As is often the case, the will to fight made the difference.
Court Grants Motion for Constitutional Violation, 2nd OVI Dismissed
C.N. was pulled over in Delaware, Ohio for an alleged marked lanes violation and was later placed under arrest. Because this could be his second OVI conviction in a relatively brief period of time, we were looking at significant penalties if the charge stuck. Contesting that our client merely touched but did not cross a marked lane, we filed a motion challenging the constitutionality of the Trooper’s stop. After the hearing, the judge agreed with our challenge, and found the traffic stop to be unconstitutional. As a result, the state’s case was crippled, and they dismissed the case.
Second OVI with .140 Test Dismissed
M.D. was pulled over in Delaware County, was arrested for OVI, and tested a .140. Compounding the problem, she had an OVI conviction from less than two years prior to this offense. We filed a motion challenging whether the Trooper violated M.D.’s constitutional rights, and focused on when the Trooper expanded the scope of the original traffic stop into a full-fledged OVI investigation. We argued the evidence merely indicated consumption but not impairment prior to demanding M.D. complete field sobriety tests, and after the testimony the judge agreed. Everything after that point was suppressed, and the state was forced to dismiss both OVI counts. We then got the suspension she had been under terminated, and M.D. entered a plea to the minor traffic violation.
Jury Finds Man Not Guilty of OVI After Accident
In Summit County, in particularly inclement weather, R.M.’s vehicle ended up in a snow bank and was rendered inoperable. After the police arrived, the situation quickly progressed from an accident scene into an OVI investigation. He was arrested, and we demanded a jury trial. At the trial, the officer contradicted previously sworn testimony in front of the jury—and confronting him with his misstatements, along with other mistakes that were made, led to an acquittal.
Prosecutor’s Mistake in Trial Leads to Directed Verdict of “Not Guilty”
Proving once again that you never know what will happen in trial until you get there, a prosecutor’s error led to winning the trial without having to put the case to the jury to decide. In the OVI trial, the prosecutor elicited testimony from the arresting officer, but forgot to ask one important question: whether the person he arrested was, in fact, the person in court. After the state rested, we made a motion for a directed verdict of acquittal, which was granted on this basis. As a consolation to the state, we did speak with the jury afterwards, and they indicated that they were very likely going to find our client not guilty.
High Test OVI Dismissed Due to Officer Error
Our client went to an OSU game, and elected to be responsible and not drive—he slept in his vehicle after the game, unaware that Ohio law actually requires being anywhere but the front seat to be entirely legal. An officer came upon him, arrested him as he was clearly intoxicated, and subsequently charged him with a high tier test as well. But the officer didn’t charge him properly—an OVI requires proof of movement; our client was guilty of a separate, non-moving offense called being in physical control of a vehicle while impaired. Knowing the officer erred, the case was continued until the appropriate offense could no longer be charged, and the state was forced to dismiss it entirely.
CDL Driver Avoids OVI and Suspension
D.J., at a particularly trying point in his life, got into an accident in the early morning hours. He was arrested for OVI, and submitted a sample of his urine. The results were not ideal—along with alcohol was cocaine and several prescription drugs. Further, a small amount of cocaine was found, and he was later charged with a felony drug offense. With his occupation on the line, we filed a motion to suppress along with a demand for all laboratory evidence. After extensive negotiation, we reached a resolution to plead to the no-point, non-moving violation of being in physical control of a motor vehicle while impaired—with an additional stipulation that D.J. would not receive a license suspension. Further, in a separate negotiated plea, we pled to a misdemeanor for treatment to address the felony, and the misdemeanor plea was later vacated and dismissed once the treatment was successfully completed.
Nurse Avoids Second OVI, Pleads to Reckless Operation
D.M., a nurse, was pulled over by Franklin County Deputies, and was ultimately arrested for OVI. She also had a prior OVI conviction four years before, and if convicted of a second and refusing a chemical test, she’d be facing serious penalties including a minimum of 20 days in jail. Nevertheless, we fought the case through several hearing dates, and ultimately secured an offer to not only keep D.M. out of jail, but to also avoid an alcohol related conviction.
DUI Dismissed After Not-At-Fault Accident
S.R., driving on a poorly lit road, encountered a deer standing in the middle of the road. She was attentive, and was able to brake in time to avoid hitting the animal. Unfortunately, the vehicle behind her—an unlicensed driver—was not as attentive, and rear-ended our client. The police, instead of tending to our client’s injuries, initiated an OVI investigation. Upset at the ridiculousness of being the victim of an accident and being accused of being a drunk driver, knowing she was not, our client refused to do any tests and was subsequently arrested. We rejected any offers to traditional “reductions,” and eventually the case was resolve to a minor misdemeanor two point violation.
Man Charged With 3rd OVI, While on Probation, Beats Case
I.J. was pulled over in early afternoon for reckless driving and was subsequently arrested for driving under the influence of a drug of abuse. After his arrest, he was put through an extensive battery of tests by a certified “drug recognition expert,” or DRE, who also opined that I.J. was under the influence of drugs but not alcohol. We challenged the officer’s determinations, and it quickly became clear that the arresting officer was not properly taught how to administer field sobriety tests. Without the tests, the court found probable cause did not exist for the arrest, and all evidence after that point was suppressed. The case was subsequently dismissed, and there was no probation violation found.
Woman Avoids OVI Conviction After Motion Hearing
A.R. was pulled over for several minor traffic violations, and after the administration of field sobriety tests, was placed under arrest for OVI. We filed a motion challenging the officers administration of the tests, and the judge held that the officer could not testify as to the tests scientific nature or clues because he had not properly administered the tests. With their case damaged, the state agreed to dismiss the OVI for a plea to a turn signal violation.
Jury Finds Man Not Guilty of OVI After Contentious Interaction with Officer
M.J. was stopped for a marked lanes violation in Columbus and was later asked to submit to field sobriety tests. Throughout the encounter, there was tension between the officer and our client, and in our opinion the officer did not conduct himself as professionally as he could have. We first challenged the officers tests through a motion to suppress, and the judge excluded some of them from evidence due to officer error. The case proceeded to jury trial, where the jury sided with our client and vindicated him by finding him not guilty.
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