City of Cincinnati OVI/DUI
Hamilton County Municipal Court, Case No. 10/TRC/33534: Client was charged by Ohio State Patrol with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI), being a second offense within 6 years, and with 4511.19(A)(2), Operating a Motor Vehicle while under the influence and having a prior OVI conviction within 20 years. Client was stopped for a marked lanes violation and submitted to several standardized field sobriety tests, which the officer noted were performed poorly. Client refused a breath test. The matter was set for jury trial and on the morning of trial, counsel was able to negotiate a plea to a reckless operation, have the one year ALS suspension terminated.
Hamilton County Municipal Court, Case No. 10/TRC/17520: Client was charged by City of Cincinnati Police with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI), and with 4511.19(A)(2), Operating a Motor Vehicle while under the influence and having a prior OVI conviction within 20 years. Client was 24 and had 1 prior offenses in 2007. The officer observed client driving in excess of 85 mph and changing lanes without a signal. The client was administered several standardized and non-standardized field test which the officer indicated he performed poorly. The case was set for jury trial and the morning of trial, Counsel was able to negotiate a plea to the A(1)(a) charge with a minimum sentence of 5 days jail and 18 house arrest. Client was able to avoid a minimum of 20 days jail, and able to keep his job.
Hamilton County Municipal Court, Case No. 10/TRC/54485: Client was charged by City of Cincinnati Police with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI), and with 4511.19(A)(2), Operating a Motor Vehicle while under the influence and having a prior OVI conviction within 20 years. Client had 5 prior offenses out of time. After arriving at an accident where client hit three parked cars, the arresting officer stated the client admitted to drinking, that he noticed an odor of alcohol and bloodshot watery eyes. The client refused all field sobriety tests as well as a chemical test. Counsel was able to negotiate a minimum sentence, minimal suspension with privileges and avoid the party plates.
Hamilton County Municipal Court, Case No. 09/TRC/51630: Client was charged by City of Cincinnati Police with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI), and with 4511.19(A)(1)(h), Operating a Motor Vehicle with a concentration of greater than .17 of one gram or more by weight of alcohol per two hundred ten liters of his breath (BAC), which was measured by at the Cincinnati Police Department at District Five at .223 as measured by an Intoxilyzer 5000 breath machine.. After arriving at an accident where client hit another car head on, the arresting officer stated the client admitted to drinking, that he noticed an odor of alcohol and bloodshot watery eyes. The officer had the Client perform three standardized field sobriety tests, the Horizontal Gaze Nystagmus (HGN), the One Leg Stand, and the Walk and Turn Test, which the officer noted she failed and arrested the Client. The matter was set for a motion to suppress the breath test and the standardized field sobriety tests. Counsel was able to negotiate a plea to a low tier OVI with a minimum sentence, avoiding the party plates.
Hamilton County Municipal Court, Case No. 07/TRC/35268: Client was charged by City of Cincinnati Police with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI), notwithstanding the fact that the Client blew under the legal limit at .077(BAC). After being stopped at a sobriety check point the arresting officer stated the client admitted to drinking, that he noticed an odor of alcohol and bloodshot watery eyes. The officer had the Client perform three standardized field sobriety tests, the Horizontal Gaze Nystagmus (HGN) test, which the officer noted 4 out of 6 clues, the One Leg Stand which the officer noted 1 out of 4 clues, and the Walk and Turn Test, which the officer noted 1 out of 8 clues, and still arrested the Client. Counsel filed a Motion to Suppress, challenging the admissibility of the Standardized Field Sobriety Tests as they were not done in compliance with the National Highway Traffic Safety Administration’s (NHTSA) student manual, and challenging the lack of probable cause to arrest the Client. After a hearing on the Motion to Suppress, the Court suppressed the results of all three standardized field sobriety tests finding they were not administered in the prescribed manner, and found the officer lacked probable cause to arrest the Client. The City of Cincinnati appealed the case to the First District Court of Appeals, and the Court of Appeals upheld the decision of the trial court, and the case was dismissed.
Hamilton County Municipal Court, Case no. 06TRC42047: Client was charged by City of Cincinnati Police with ORC 4511.19(A)(1)(a), Operating a Motor Vehicle under the influence of alcohol and ORC 4511.202, Failure to Control. It was alleged that the Defendant ran her vehicle into a woman exiting her vehicle in a small alley, after the police arrived the Defendant admitted to consuming a couple glasses of wine and the officer performed standardized field sobriety tests, namely the Walk and Turn, One Leg Stand, and Horizontal Gaze Nystagmus tests, as well as non-standardized field sobriety tests, namely the Alphabet and Finger Count tests, and the Defendant refused a breath test. At a Motion to Suppress, counsel for Defendant was able to have the results of the Horizontal Gaze Nystagmus test suppressed from evidence, and the matter proceeded to trial where the Defendant was found not guilty.
Hamilton County Municipal Court, Case No. 07/TRC/65336: Client was charged by City of Cincinnati Police with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI). At the scene the arresting officer stated the client admitted to drinking, that he noticed a strong odor of alcohol, bloodshot eyes, and slurred speech. The officer had the Client perform one standardized field sobriety test, the Horizontal Gaze Nystagmus (HGN) test, which the officer noted 6 out of 6 clues, and two non-standardized field sobriety tests, namely the alphabet test and numbers test. Counsel filed a Motion to Suppress, challenging the constitutionality of the stop, the admissibility of the Standardized Field Sobriety Test as it was not done in compliance with the National Highway Traffic Safety Administration’s (NHTSA) student manual, and challenging the lack of probable cause to arrest the Client. The morning of the hearing, the City Prosecutor’s office offered a reduced charge of Reckless Operation which was accepted.
Hamilton County Municipal Court, Case No. 07/TRC/41994: Client was charged by City of Cincinnati Police with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI). At the scene the arresting officer stated the client admitted to drinking, that he noticed a strong odor of alcohol, bloodshot watery eyes, and slow and slurred speech. The officer had the Client perform two standardized field sobriety test, the Horizontal Gaze Nystagmus (HGN) test, which the officer noted 6 out of 6 clues, and the Walk and Turn Test, which the officer noted 6 out of 8 clues, and two non-standardized field sobriety tests, namely the finger to nose and finger to thumb tests. Counsel filed a Motion to Suppress, challenging the constitutionality of the stop, the admissibility of the Standardized Field Sobriety Tests as it was not done in compliance with the National Highway Traffic Safety Administration’s (NHTSA) student manual, and challenging the lack of probable cause to arrest the Client. After a hearing on the Motion to Suppress, the Court suppressed the results of the HGN test finding it was not administered in the prescribed manner, and the matter was set for jury trial. The morning of the jury trial, the City Prosecutor’s office offered a reduced charge of Reckless Operation which was accepted.
Hamilton County Municipal Court, Case No. 06/TRC/46477: Client was charged by City of Cincinnati Police with 4511.19(A)(1)(h), Operating a Motor Vehicle with a concentration of greater than .17 of one gram or more by weight of alcohol per two hundred ten liters of his breath (BAC), which was measured by at the Cincinnati Police Department at District Five at .218 as measured by an Intoxilyzer 5000 breath machine. Client was also charged with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI). At the scene the arresting officer had the Client perform the Walk and Turn, One Leg Stand, Finger to Nose, and Finger Count, among other field sobriety tests. Counsel filed a Motion to Suppress, challenging the constitutionality of the stop, the admissibility of the Standardized Field Sobriety Tests as they were not done in compliance with the National Highway Traffic Safety Administration’s (NHTSA) student manual, and challenging the lack of probable cause to arrest the Client. After a hearing the trial court found the stop constitutional (speeding), but agreed with Counsel, and found the officer lacked probable cause to arrest the Client at the scene, and dismissed the charges.
HAMILTON COUNTY OVI/DUI
Hamilton County Municipal Court, Case No. C/10/TRC/33522: Client was charged by Ohio Highway Patrol with 4511.19(A)(1)(d), Operating a Motor Vehicle with a concentration of greater than .08 of one gram or more but less that .17 of one gram by weight of alcohol per two hundred ten liters of his breath (BAC), which was measured by at the Ohio Highway Patrol at .149. Client was also charged with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI), and speeding. The matter was set for a motion to suppress and after successful negotiations, Counsel was able to negotiate a plea to a lesser charge of Reckless Operation, with no additional suspension.
Hamilton County Municipal Court, Case No. C/10/TRC/1864: Client was charged by Hamilton County Sheriff with 4511.19(A)(1)(d), Operating a Motor Vehicle with a concentration of greater than .08 of one gram or more but less that .17 of one gram by weight of alcohol per two hundred ten liters of his breath (BAC), which was measured by at the Hamilton County Sheriff at .133. Client was also charged with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI) and was stopped for driving without any headlights on in violation of 4513.05 of the Revised Code. Counsel was able to negotiate a plea to a lesser charge of Reckless Operation.
Hamilton County Municipal Court, Case No. C/09/TRC/39949: Client was charged by Ohio Highway Patrol with 4511.19(A)(1)(d), Operating a Motor Vehicle with a concentration of greater than .08 of one gram or more but less that .17 of one gram by weight of alcohol per two hundred ten liters of his breath (BAC), which was measured by at the Ohio Highway Patrol at .085. Client was also charged with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI). Client had a Commercial Driver’s License (CDL), and Counsel appeal the Administrative License Suspension (ALS). The appeal of the ALS was successful and the ALS was set aside, as well as a disqualification of Client’s CDL. Counsel was able to negotiate a plea to a lesser charge of Reckless Operation.
Hamilton County Municipal Court, Case No. C/07/TRC/38446: Client was charged by Ohio Highway Patrol with 4511.19(A)(1)(d), Operating a Motor Vehicle with a concentration of greater than .08 of one gram or more but less that .17 of one gram by weight of alcohol per two hundred ten liters of his breath (BAC), which was measured by at the Lebanon, Ohio post at .09. Client was also charged with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI). Counsel was able to negotiate a plea to a lesser charge of Reckless Operation.
Blue Ash OVI/DUI
Hamilton County Municipal Court, Case No. C/10/TRC/52410: Client was charged by Blue Ash Police with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI), 4511.19(A)(1)(d), Operating a Motor Vehicle with a prohibited level of alcohol in her blood (BAC) testing .089 as tested by Montgomery Police Department’s Intoxilyzer 5000EN. Counsel was able to negotiate a plea to a minor misdemeanor Reckless Operation in violation of 4511.20 of the Ohio Revised Code, and a sentence that included only a fine, no suspension and the termination of the Administrative License Suspension (ALS).
Hamilton County Municipal Court, Case No. C/09/TRC/48808: Client was charged by Blue Ash Police with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI), 4511.19(A)(1)(h), Operating a Motor Vehicle with a prohibited level of alcohol in her blood (BAC) testing .185 as tested by Montgomery Police Department’s Intoxilyzer 5000EN. Counsel was able to negotiate a plea to a Physical Control in violation of 4511.194 of the Ohio Revised Code, and a sentence that included no further driver’s licenses suspension and termination of the Administrative License Suspension (ALS).
Colerain Township OVI/DUI
Hamilton County Municipal Court, Case No. C/08/TRC/17476: Client was charged by Colerain Township Police with a marked lanes violation and 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI). At the scene the arresting officer had the Client perform the Horizontal Gaze Nystagmus (HGN), Walk and Turn, One Leg Stand field sobriety tests, which the officer indicated were performed poorly. Client refused to provide a breath test. The matter was set for Motion to Suppress the results of the standardized field sobriety tests, and after successfully finding flaws in the administration of the standardized field sobriety tests, counsel was able to negotiate a plea to a lesser charge of Reckless Operation.
Indian Hill OVI/DUI
Hamilton County Municipal Court, Case No. C/10/TRC/49051: Client was charged by Indian Hill Rangers with 4511.19(A)(1)(d), Operating a Motor Vehicle with a concentration of greater than .08 of one gram or more but less that .17 of one gram by weight of alcohol per two hundred ten liters of his breath (BAC), which was measured by at the Indian Hill Rangers at .154. Client was also charged with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI), and a stop sign violation. Counsel was able to negotiate a plea to a lesser charge of Reckless Operation.
Loveland OVI/DUI
Loveland Mayor’s Court, Case No: 2-10-000002: Client was charged by Loveland Police with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI), 4511.19(A)(1)(d), Operating a Motor Vehicle with a prohibited level of alcohol in his blood (BAC) testing .122 as tested by Loveland’s BacDatamaster, and a marked lanes violation. Counsel was able to negotiate a plea to a lesser charge of Reckless Operation.
Loveland Criminal
Loveland Mayor’s Court, Case No: 2010CRB00150: Client was charged by Loveland Police with Contributing to the Delinquency of a Child, in violation of Loveland Ordinance 537.18, a misdemeanor of the first degree (M1), and Criminal Mischief in violation of Loveland Ordinance 541.04, a misdemeanor of the forth degree (M4). Counsel was able to negotiate a plea to a lesser charge of Disorderly Conduct, a minor misdemeanor (MM).
Loveland Mayor’s Court, Case Nos: 2010CRB00190 and 2010CRB00191: Client was charged by Loveland Police with Possession of Marijuana, in violation of Loveland Ordinance 513.03, a minor misdemeanor (MM), and Possession of Drug Paraphernalia in violation of Loveland Ordinance 513.12, a misdemeanor of the forth degree (M4). Counsel was able to negotiate a plea to a lesser charge of Disorderly Conduct, a minor misdemeanor (MM), and avoid a mandatory driver’s license suspension.
Madeira OVI/DUI
Hamilton County Municipal Court, Case No. C/07/TRC/44443: Client was charged by Madeira Police Department with 4511.19(A)(1)(d), Operating a Motor Vehicle with a concentration of greater than .08 of one gram or more but less that .17 of one gram by weight of alcohol per two hundred ten liters of his breath (BAC), which was measured by the Indian Hill Police Department at .166. After counsel reviewed the breath testing device, and finding errors in its operation, counsel was able to negotiate a plea to a lesser charge of Reckless Operation.
Norwood OVI/DUI
Hamilton County Municipal Court, Case No. C/08/TRC/39560: Client was charged by Norwood Police with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI) and failing to use a turn signal. The State of Ohio presented testimony of a bartender who indicated that he had served young ladies alcohol that morning, and another eyewitness who called 911 for a possibly intoxicated driver leaving the same bar, testified that the client was falling down in the parking lot before getting into her car and drove. Norwood Police responded to the bar and followed the client and waited until she failed to use a turn signal to pull her over. At the scene the arresting officer stated the client admitted to drinking earlier in the evening, that he noticed a strong odor of alcohol, bloodshot eyes, and slurred speech. The officer asked the client to exit the vehicle and the client refused. She was arrested and refused any field sobriety tests, and a breath test. After unsuccessful attempts to negotiate a plea to a lesser charge, a bench trial commenced, where the Court found the client not guilty of the OVI.
Hamilton County Municipal Court, Case No. C/08/TRC/32676: Client was charged by Norwood Police with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI), 4511.19(A)(1)(h), Operating a Motor Vehicle with a prohibited level of alcohol in his blood (BAC) testing .187 as tested by Norwood’s BacDatamaster, and a marked lanes violation, all as a second offense OVI as the Client had a prior conviction within 6 years. Counsel was able to negotiate a plea to a 1st offense, low tier OVI avoiding the minimum of 20 days in jail. Counsel was able to obtain minimum treatment by the Court for a first offender.
Reading OVI/DUI
Hamilton County Municipal Court, Case No. C/08/TRC/56001: Client was charged by Ohio State Patrol in Reading, Ohio with 4511.12, failing to stop properly at a stop sign, 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol and with 4511.19(A)(2) refusing a breath test with a prior conviction within 20 years. Client had three prior DUI/OVI convictions, non in the last six years. Counsel then filed a Motion to Suppress the results of the only Standardized Field Sobriety Test given, namely the Horizontal Gaze Nystagmus (HGN) test, and after a hearing the Court Suppressed the results of the field test, finding it was not administered in compliance with the National Highway Traffic Safety Administration (NHTSA). The matter was set for trial, and the Client was found not guilty on both OVI charges. He was found guilty of failing to properly stop at a stop sign.
Springdale OVI/DUI
Hamilton County Municipal Court, Case No. C/08/TRC/51784: Client was charged by Springdale Police Department with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol being a second offense in six years, 4511.19(A)(2) a refusal with a prior conviction in 20 years, speeding and marked lanes violations. The officer administered two Standardized Field Sobriety Tests, namely the Horizontal Gaze Nystagmus Test (HGN) and the one-leg stand. The client refused to perform any further tests, including the portable breath test (PBT) and the breath test at the station. Counsel then filed a Motion to Suppress the results of the Standardized Field Sobriety Tests, and the matter was set for motion. The client was looking at a minimum of 20 days in jail, and a lengthy suspension if convicted. The morning of the motion, Counsel was able to negotiate a plea to a 1st time OVI with minimum treatment, 3 day in a driver’s intervention program, a 6 month license suspension, no party plates and minimum fine.
Hamilton County Municipal Court, Case No. M/08/TRC/6938: Client was charged by Springdale Police Department with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol after a single car accident into the City’s monuments. Springdale police attempted to take a breath sample, which produced invalid samples, and treated it as a refusal. Counsel appealed the Administrative License Suspension (ALS) and after a hearing, the Court found that it was not a refusal and terminated the ALS. Counsel then filed a Motion to Suppress the results of the Standardized Field Sobriety Tests, and after a hearing the Court Suppressed the results of all of the field tests, finding they were not administered in compliance with the National Highway Traffic Safety Administration (NHTSA). The matter was set for trial when Counsel was able to negotiate a reduced charge of Reckless Operation.
Hamilton County Municipal Court, Case No. C/09/TRC/4207: Client was charged by Springdale Police Department with 4503.21, no front license plate, 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol, and 4511.19(A)(2) refusing to submit to a breath test (BAC) while having a prior OVI/DUI conviction within 20 years. Client refused to submit to any field sobriety tests and was arrested. Springdale police attempted to take a breath sample, which produced an invalid sample, and client refused a 2nd breath test, but requested to be taken for blood test which was denied by the officer. The matter was set for trial and the client was found not guilty of the OVI charges.
St. Bernard/Elmwood Place OVI/DUI
Hamilton County Municipal Court, Case No. C/10/TRC/5122: Client was charged by Elmwood Place Police with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI), 4511.19(A)(1)(h), Operating a Motor Vehicle with a concentration of greater than .17 of one gram or more by weight of alcohol per two hundred ten liters of his breath (BAC), which was measured by at the St. Bernard Police at .276 as measured by an BAC Data Master breath machine, and failure to use reasonable control after losing control of her vehicle. After arriving at an accident the arresting officer stated the client admitted to drinking, that he noticed an odor of alcohol, slurred speech and bloodshot watery eyes. The officer had the Client perform three standardized field sobriety tests, the Horizontal Gaze Nystagmus (HGN), the One Leg Stand, and the Walk and Turn Test, which the officer noted she failed and arrested the Client. The matter was set for a motion to suppress the breath test and the standardized field sobriety tests. Counsel was able to negotiate a plea to a low tier OVI with a minimum sentence, avoiding the party plates, jail time and extended licenses suspension.
Hamilton County Juvenile OVI/DUI
Juvenile client, age 16, was charged by City of Cincinnati Police with 4511.19(A)(1)(d), Operating a Motor Vehicle with a concentration of greater than .08 of one gram or more by weight of alcohol per two hundred ten liters of his breath (BAC), which was measured by at the Cincinnati Police Department at District One at .149 as measured by an Intoxilyzer 5000 breath machine. Client was also charged with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI). At the scene the arresting officer had the Client perform the Horizontal Gaze Nystagmus (HGN), Walk and Turn, One Leg Stand field sobriety tests. Counsel filed a Motion to Dismiss the case after the client was not given a hearing within 5 days of his arrest to object to the Administrative License Suspension (ALS). At said hearing, counsel was able to negotiate a plea to a lesser charge of Reckless Operation, a minor misdemeanor. Client was fined $50.00 and costs, and the ALS was terminated. No further suspension imposed.
Law Office of James S. Arnold
Clermont County OVI/DUI Defense Attorneys
(513) 984-8313
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