Clermont County Municipal Court, Case No. 2009TRC21168
Miami Township OVI/DUI
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.