Clermont County Municipal Court, Case No. 2008TRC17533
Miami Township OVI/DUI
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.