Butler County Area II Municipal Court, Case No. 10TRC3178

Hamilton Area II OVI/DUI Case

Client was charged by Ohio State Patrol with Operating a Motor Vehicle Under the Influence of Alcohol a violation of 4511.19(a)(1)(a), a second offense in six years, and 4511.19(B)(2) Operating a Motor Vehicle Under the Influence and refusing a breath test, having a prior conviction for OVI in the last twenty years, and failing to display a front license plate. Client was stopped for the equipment violation for failing to display her front plate. Trooper approached vehicle and noticed a strong odor of alcohol, client admitted to drinking earlier and the Trooper performed one Standardized Field Sobriety Test, namely the Horizontal Gaze Nystagmus Test (HGN), which the Trooper indicated he found 6 out of 6 clues, and arrested Client. Client refused to provide a breath test, and was placed on a one year administrative license suspension (ALS). The matter was set for bench trial, and client was found not guilty of the OVI charges. Counsel was also able to have the ALS terminated.