Clermont County DUI/OVI Court Cases

Clermont County Municipal Court, Case No. 2009TRC21762:  Client was charged by Ohio State Highway Patrol with 4511.19(A)(1)(d), Operating a Motor Vehicle with a concentration of greater than ..08 of one gram by weight of alcohol per two hundred ten liters of her breath (BAC), which was measured by at the Ohio State Patrol at .081. Client was also charged with not having a front license plate in violation of ORC 4503.21.  Counsel was able to negotiate a plea to a lesser charge of Reckless Operation.

Clermont County Municipal Court, Case No. 2010TRC00129:  Client was charged by Ohio State Highway Patrol with 4511.19(A)(1)(d), Operating a Motor Vehicle with a concentration of greater than ..08 of one gram by weight of alcohol per two hundred ten liters of her breath (BAC), which was measured by at the Ohio State Patrol at .120. 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 in violation in violation of ORC 4511.21.  Counsel was able to negotiate a plea to a lesser charge of Reckless Operation.

Clermont County Municipal Court, Case No. 2009TRC21261:  Client was charged by Ohio State Highway Patrol with 4511.19(A)(1)(d), Operating a Motor Vehicle with a concentration of greater than .08 of one gram by weight of alcohol per two hundred ten liters of her breath (BAC), which was measured by at the Ohio State Patrol at .131. 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 traffic control device violation in violation of ORC 4511.12.  Counsel was able to negotiate a plea to a lesser charge of Reckless Operation.

Clermont County Municipal Court, Case No. 2009TRC21456:  Client was a Virginia licensed individual 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 .195. 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 in violation of ORC 4511.21.  Counsel was able to negotiate a plea to a lesser charge of a first offense low tier OVI with minimum penalties, and client was able to avoid serving jail time.

Clermont County Municipal Court, Case No. 2009TRC04757:  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 Batavia, Ohio post  at .082.  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. 2009TRC15478:  Client was charged by Ohio Highway Patrol with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI), a third offense within six years.  Client was stopped for no front license plate in violation of R.C. 4503.21 and given the Horizontal Gaze Nystagmus (HGN) test.  Client refused any further testing.  Client faced a maximum of 1 year in jail (minimum 60) and 10 year license suspension, among other penalties.     The matter was set for jury trial, and Counsel was able to negotiate a plea to a lesser charge of OVI 2nd offense within 6 years, with Client to serve only 10 days jail and 36 days on house arrest, and a 3 year driver’s license suspension, with 24/7 driving privileges with interlock.

Clermont County Municipal Court, Case No. 2009TRC13947:  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 Batavia, Ohio post  at .090.  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. 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. 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.

Goshen OVI/DUI

Clermont County Municipal Court, Case No. 2009TRC21434:  Client was a Wisconsin licensed individual charged by Goshen 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 at the Batavia, Ohio post  at .097.  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.

Miami Township OVI/DUI

Clermont County Municipal Court, Case No. 2009TRC21168:  Client was charged by Miami Township Police Department with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI).  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.  Client refused to submit to a breath test.   A motion to suppress was filed and a hearing was held challenging the stop as unconstitutional.  The day of the Court’s decision, and prior to same, Counsel was able to negotiate a plea to a lesser charge of Reckless Operation.

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.

Clermont County Municipal Court, Case No. 2009TRC21175:  After a citizen tip from the server at a White Castle, Client was approached by the officer and investigated for an OVI/DUI.  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. Client was charged by Miami Township Police 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 .201. 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 prior OVI/DUI offense just outside of the six years.   The matter was set for a hearing on Client’s motion to suppress, and before the hearing Counsel was able to negotiate a plea to a lesser charge of a first offense low tier OVI with minimum penalties, and client was able to avoid serving jail time and the requirement of the yellow plates.

Milford OVI/DUI

Milford Mayor’s Court, Case No. 09TRD00133:  Client was charged by Milford Police with Operating a Motor Vehicle under the influence of alcohol in violation of Milford City Code 333.01(A)(1) and Failure to Control in violation of Milford City Code 333.08, after a single car crash.   Client was taken to Hospital by emergency squad, no field sobriety test done.  Blood was taken at the hospital which was subpoenaed by Milford Police and revealed a Blood Alcohol Content (BAC) of .204.  After showing defects in the withdrawing of the blood, and counsel was able to negotiate a plea to a reduced charge of Reckless Operation, and have the Administrative License Suspension (ALS) terminated.

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).

Union Township OVI/DUI

Clermont County Municipal Court, Case No. 2010TRC10785:  Client was charged by Union Township Police with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI), 4511.12 running a red light and 4511.33 marked lanes violations.  Client was administered two standardized field sobriety tests, the walk and turn and horizontal gaze nystagmus (HGN) test, which the officer noted were performed poorly.  Client admitted to having too much to drink and refused the breath test.  The matter was set for motion to suppress at which time counsel was able to negotiate a plea to a lesser charge of Reckless Operation.

Clermont County Municipal Court, Case No. 2010TRC06228:  Client was charged by Union 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 Union Township Police Department  at .136.  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 4511.33 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.  It was the client’s second OVI in two years. Counsel was able to negotiate a plea to a lesser charge of Reckless Operation.

Clermont County Municipal Court, Case No. 2010TRC00810:  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 to determine the lack of probable cause to arrest, 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, even though Client had a prior conviction in his life.

Clermont County Municipal Court, Case No. 2010TRC02873:  Client was charged by Union Township 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 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.  Counsel was able to negotiate a plea to a lesser charge of Physical Control.

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.

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

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