Franklin Municipal Court, Case No. 09-09-TRC-3785
Client was charged by Franklin Police with Operating a Motor Vehicle under the influence of alcohol in violation of RC 4511.19 (A)(1)(a) and equipment violations. Franklin Police administered the Horizontal Gaze Nystagmus Test (HGN), the walk and turn test, the one-leg stand test and administered a Portable Breath Test (PBT) which produced a result of .230. Client refused a breath test. Client was had a Commercial Driver’s License (CDL), and Counsel appealed the Administrative License Suspension (ALS) pursuant to R.C. 4511.17 on the basis that Client was not properly informed of the consequences of his refusal. Counsel was able to negotiate a plea agreement to a lesser charge of Reckless Operation and the appeal of the administrative license suspension was granted, avoiding a disqualification of Client’s CDL.