Clermont County Municipal Court, Case No. 2013TRC05264
Client was charged by Goshen Police Department 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 Goshen Police Department on the Intoxilyzer 8000 at .140. The matter was set for motion to suppress and after Counsel was able to point out the problems with the Constitutionality of the initial contact and submission to filed sobriety tests, Counsel was able to negotiate a plea to a lesser charge of Reckless Operation, a minor misdemeanor (MM). The Court also granted the Appeal of the Administrative License Suspension (ALS), finding no reasonable grounds to arrest the Client for OVI.