Warren County DUI/OVI Court Cases

Warren County Municipal Court, Case No. 2009TRC02159:  Client was charged by Ohio State Patrol with  Operating a Motor Vehicle under the influence of alcohol in violation of RC 4511.19 (A)(1)(a) and a marked lanes violation in violation of RC 4511.33.   Client was 19 years old.  OSP administered the Horizontal Gaze Nystagmus Test (HGN) and Client refused any further field tests and breath test. Counsel was able to negotiate a plea agreement to a lesser charge of Operating a Vehicle after Consuming Alcohol and being under the age of 21.  Client was able to avoid the minimum 3 day Driver’s Intervention Program (DIP) or jail and received a minimal driving suspension.

Clearcreek Township OVI/DUI

Warren County Municipal Court, Case No. 2009TRC02979:  Client was charged by Clearcreek Township Police with  Operating a Motor Vehicle under the influence of alcohol in violation of RC 4511.19 (A)(1)(a), Hit Skip/Leaving the scene of an accident in violation of RC 4549.02 and Failure to maintain reasonable control in violation of RC 4511.202.   Client was observed by a citizen who called 911 that Client had hit a utility pole with her mirror, knocking same off.  Police responded to her residence where the officer administered the Horizontal Gaze Nystagmus Test (HGN) and Client refused any further field tests and breath test. A trial to the bench was held, where client was found not guilty.  She was convicted of the failure to maintain reasonable control, a minor misdemeanor.

Franklin OVI/DUI

Franklin Municipal Court, Case No. 09-09-TRC-3785:  Client was charged by Franklin Police with  Operating a Motor Vehicle under the influence of alcohol in violation of RC 4511.19 (A)(1)(a) and equipment violations.  Franklin Police administered the Horizontal Gaze Nystagmus Test (HGN), the walk and turn test, the one-leg stand test and administered a Portable Breath Test (PBT) which produced a result of .230.  Client refused a breath test. Client was had a Commercial Driver’s License (CDL), and Counsel appealed the Administrative License Suspension (ALS) pursuant to R.C. 4511.17 on the basis that Client was not properly informed of the consequences of his refusal. Counsel was able to negotiate a plea agreement to a lesser charge of Reckless Operation and the appeal of the administrative license suspension was granted, avoiding a disqualification of Client’s CDL.

Hamilton Township OVI/DUI

Warren County Municipal Court, Case No. 2009TRC04649:  Client was charged by Hamilton Township Police Department after a single car crash with  Operating a Motor Vehicle under the influence of alcohol in violation of RC 4511.19 (A)(1)(a) and 4511.19(A)(1)(g), Operating a Motor Vehicle with a concentration of two hundred four-thousands of one percent or more by weight per unit volume of alcohol in her blood, measured at .237 and failure to maintain control in violation of RC 4511.202.   Counsel was able to negotiate a plea to a low tier OVI with minimum sentence, avoiding the party plates and 3 days in jail.

Mason OVI/DUI

Mason Ohio Municipal Court, Case No. 10TRC02279:  Client was charged by Ohio State Patrol with having no front license plate in violation of 4503.21, Operating a Motor Vehicle under the influence of alcohol in violation of Ohio Revised Code 4511.19(A)(1)(a), being a third offense in life,  and refusing to submit to a blood alcohol test with a prior conviction within 20 years in violation of Ohio Revised Code 4511.10(A)(2).  Client  submitted to 3 standardized field sobriety tests, the Horizontal Gaze Nystagmus (HGN) test, the One Leg Stand test, and the Walk and Turn test which the officer indicated he did poorly..  Counsel set the matter for a Motion to Suppress and had a hearing on same, which was overruled.  The matter was set for jury trial.  The day before the jury trial, Counsel was able to negotiate a plea agreement to a lesser charge of Physical Control in violation of Ohio Revised Code 4511.194, with client only receiving 3 days of jail, and a six month driving license suspension.

Mason Ohio Municipal Court, Case No. 10TRC04066:  Client was charged by Warren County Sheriff with a marked lanes violation in violation of 4511.33, Operating a Motor Vehicle under the influence of alcohol in violation of Ohio Revised Code 4511.19(A)(1)(a), being a second offense within 6 years, Refusing to submit to a blood alcohol test with a prior conviction within 20 years in violation of Ohio Revised Code 4511.10(A)(2), and Driving Under Suspension (DUS) in violation of Ohio Revised Code 4510.16.   The Client refused all filed sobriety tests and refused to submit to a breath test. Client was also charged with.  Counsel set the matter for a Motion to Suppress the results of the traffic stop and probable cause to arrest.  The day of the Motion to Suppress, Counsel was able to negotiate a plea agreement to a lesser charge whereby the client only received 5 days of jail, and a one year suspension.

Mason Ohio Municipal Court, Case No. 10TRC00013:  Client was charged by Ohio State Patrol with a marked lanes violation in violation of 4511.33, and Operating a Motor Vehicle under the influence of alcohol in violation of Ohio Revised Code 4511.19(A)(1)(a).   The Client refused to submit to a breath test. Client was stopped for speeding and marked lanes violations, submitted to 3 standardized field sobriety tests, the Horizontal Gaze Nystagmus (HGN) test, the One Leg Stand test, and the Walk and Turn test which the officer indicated he did poorly.  Counsel set the matter for a Motion to Suppress the results of the traffic stop, the standardized field sobriety tests, statements taken in violation of his Miranda rights and probable cause to arrest.  The day of the Motion to Suppress, Counsel was able to negotiate a plea agreement to a lesser charge of Reckless Operation.

Mason Ohio Municipal Court, Case No. 10TRC00269:  Client was charged by Ohio State Highway Patrol with speeding a violation of 4511.21, 4511.19 (A)(1)(a), Operating a Motor Vehicle under the influence of alcohol and 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 Ohio State Highway Patrol at .114 with a BAC DataMaster machine.  Client submitted to 3 standardized field sobriety tests, which the officer indicated he did poorly on.   Counsel was able to negotiate a plea agreement to a lesser charge of Reckless Operation.

Mason Ohio Municipal Court, Case No. 10TRC00015:  Client was charged by Ohio State Highway Patrol with no license plate light a violation of 4513.05, 4511.19 (A)(1)(a), Operating a Motor Vehicle under the influence of alcohol and 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 Ohio State Highway Patrol at .091 with a BAC DataMaster machine.  Client was stopped for not having a light over his license plate, submitted to 3 standardized field sobriety tests, which the officer indicated he did poorly on.   Client possessed a Commercial Driver’s License (CDL), and would have been disqualified for one year with the Ohio Bureau of Motor Vehicles (BMV).  Counsel appealed the Administrative License Suspension (ALS), which appeal was granted for failing to properly warn of the consequences of taking a breath test and Counsel was able to negotiate a plea agreement to a lesser charge of Reckless Operation.

Mason Ohio Municipal Court, Case No. 09TRC01116:  Client was charged by Mason Police Department with a red light violation in violation of 4511.13, and Operating a Motor Vehicle under the influence of alcohol in violation of Mason City Ordinance 333.01 (A)(1)(a).   The Client refused to submit to a breath test. Client was stopped for driving off the right side of the road on two occasions and failing to stop at the stop bar at a red light, submitted to 3 standardized field sobriety tests, the Horizontal Gaze Nystagmus (HGN) test, the One Leg Stand test, and the Walk and Turn test which the officer indicated she did poorly.  Counsel set the matter for a Motion to Suppress the results of the traffic stop, the standardized field sobriety tests, and probable cause to arrest.  The day of the Motion to Suppress, Counsel was able to negotiate a plea agreement to a lesser charge of Reckless Operation.

Mason Ohio Municipal Court, Case No. 09TRC00197:  Client was charged by Warren County Sheriff with a Marked Lanes violation a violation of 4511.33, 4511.19 (A)(1)(a), Operating a Motor Vehicle under the influence of alcohol and 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 Warren County Sheriff’s department at .150 with a BAC DataMaster machine.  Client was stopped for lane violations, submitted to 3 standardized field sobriety tests, which the officer indicated he did poorly on.   Counsel appealed the Administrative License Suspension (ALS) and the morning of the hearing, Counsel was able to negotiate a plea agreement to a lesser charge of Reckless Operation.

Mason Ohio Municipal Court, Case No. 08TRC04741:  Client was charged by Warren County Sheriff with Improper Turn a violation of 4511.25, 4511.19 (A)(1)(a), Operating a Motor Vehicle under the influence of alcohol and 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 Warren County Sheriff’s department at .130.  Client was stopped for making an improper turn, submitted to 3 standardized field sobriety tests, which the officer indicated she did poorly on.   Counsel set the matter for Motion to Suppress the results of the stop, field sobriety tests  and the breath test, and the afternoon of the motion, counsel was able to negotiate a plea agreement to a lesser charge of Reckless Operation.

Mason Ohio Municipal Court, Case No. 08TRC05225:  Client was charged by Mason Police Department with a marked lane violation in violation of Mason City Ordinance 331.08, and Operating a Motor Vehicle under the influence of alcohol in violation of Mason City Ordinance 333.01 (A)(1)(a).   The Client refused to submit to a breath test. Client was stopped for weaving, submitted to 1 standardized field sobriety test, the Horizontal Gaze Nystagmus (HGN) test, which the officer indicated he failed.  Counsel set the matter for a Motion to Suppress the results of the HGN test, and probable cause to arrest.  The court suppressed the results of the HGN test as Counsel convinced the court that the officer did not administer the test properly, but did find probable cause to arrest.   The matter was set for Jury Trial, and on the eve of trial,  Counsel was able to negotiate a plea agreement to a lesser charge of Reckless Operation.

Morrow OVI/DUI

Warren County Municipal Court, Case No. 2009TRC01001:  Client was charged by Morrow Police Department with  Operating a Motor Vehicle under the influence of alcohol in violation of RC 4511.19 (A)(1)(a) and Open Container in violation of RC 4301.62.   The client was observed weaving and found to have open containers of beer.  Client refused all field tests and breath test. Counsel was able to negotiate a plea agreement to a lesser charge of Reckless Operation.

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

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