Clermont County Municipal Court, Case No. 2010TRC00810
Union Township OVI/DUI
Client was charged by Union Township Police with a marked lanes violation and 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI). At the scene the arresting officer had the Client perform the Horizontal Gaze Nystagmus (HGN), Walk and Turn, One Leg Stand field sobriety tests, which the officer indicated were performed poorly. Client refused to provide a breath test. The matter was set for Motion to Suppress the results of the standardized field sobriety tests and to determine the lack of probable cause to arrest, and after successfully finding flaws in the administration of the standardized field sobriety tests, counsel was able to negotiate a plea to a lesser charge of Reckless Operation, even though Client had a prior conviction in his life.