Clermont County Municipal Court, Case No. 2009TRC21175

Miami Township OVI/DUI

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.