Clermont County OVI/DUI
Client was charged by Ohio Highway Patrol with violating RC 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI), Refusing to submit to a chemical test after having at least one OVI conviction in last 20 years in violation of RC 4511.19(A)(2) and an improper turn offense in violation of RC 4511.36. It was Client’s 2nd offense in 6 years, and 3rd in life. Client was given the Horizontal Gaze Nystagmus (HGN) test but refused to submit to any further field tests. Client refused the breath test. The matter was set for motion to suppress and a hearing was held, which showed the weakness in the State’s case. A few days prior to the jury trial, Counsel was able to negotiate a plea to a lesser charge of Reckless Operation, getting the 2 year Administrative License Suspension (ALS) terminated, no RDIP or jail, and a minimal fine and suspension.
