Clermont County DUI/OVI Court Cases

Clermont County Municipal Court, Case No. 2009TRC01274: Client was a Kentucky licensed individual from Erlanger, was charged by Ohio Highway Patrol with 4511.19(A)(1)(h), Operating a Motor Vehicle with a concentration of greater than .17 of one gram by weight of alcohol per two hundred ten liters of his breath (BAC), which was measured by at the Ohio State Patrol at .206. It was a high tier second offense within six years, and client had another prior to that, so a third overall OVI/DUI offense. Counsel was able to negotiate a plea to a lesser charge of a first offense low tier OVI with minimum penalties, with some community service.

Clermont County Municipal Court, Case No. 2008TRC16920: Client was charged by Union 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.

Clermont County Municipal Court, Case No. 2007TRC17223: Client was a Kentucky licensed individual from Covington, 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 Batavia, Ohio post at .088. 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.

Clermont County Municipal Court, Case No. 2007TRC13689: Client was charged by Ohio State Patrol with ORC 4511.19(A)(1)(b)(3), Operating a Motor Vehicle being under the age of 21 and after consuming alcohol, and having a blood alcohol content (BAC) over .02 but less than .08 (OVUAC, or an underage DUI). The client tested .036 on the BAC DataMaster breath machine. The case was dismissed at a Motion to Suppress hearing, where counsel argued that the odor of alcohol and speeding were insufficient to arrest the client, and the Court agreed the officer lacked probable cause to arrest and dismissed the charge. The client passed all of the standardized field sobriety tests, but was still arrested.

Miami Township OVI/DUI

Clermont County Municipal Court, Case No. 2008TRC17533: Client was charged by Miami Township Police 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 Miami Township Police Department at .110. 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 451.33 marked lanes violations. Client was administered three standardized field sobriety tests, the walk and turn, one leg stand and horizontal gaze nystagmus (HGN) test, which the officer noted were performed poorly. After reviewing the BAC machine and its records, counsel was able to point out defects in the machine and records, and a likelihood of having those results suppressed, as well as one or more of the field sobriety tests. It was the client’s second OVI in two years. The matter was set for motion to suppress, and after pointing out the problems in the State’s case against the client to the court and prosecutor, counsel was able to negotiate a plea to a lesser charge of Reckless Operation.

Union Township OVI/DUI

Clermont County Municipal Court, Case No. 2008TRC16920: Client was charged by Union 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.

Milford OVI/DUI

Milford Mayor’s Court: Client was charged by Milford Police with Operating a Motor Vehicle under the influence of alcohol and Marked Lanes. The officer performed standardized field sobriety tests, namely the Walk and Turn and Horizontal Gaze Nystagmus tests and the client refused a breath test. Counsel was able to negotiate a plea to a reduced charge of Reckless Operation, without the requirement that the client having to attend the Residential Driver’s Intervention Program (RDIP).

Law Office of James S. Arnold
Clermont County OVI/DUI Defense Attorneys
(513) 984-8313

For further examples of how hiring an aggressive defense attorney
can help protect your rights, visit our court cases overview page