Hamilton County Juvenile OVI/DUI
Client, who was 16, was charged by Indian Hill Rangers with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI), a stop sign violation and a failure to signal. The officer performed one field sobriety test, the Horizontal Gaze Nystagmus Test (HGN), and Client refused the remainder of any tests, including a breath test. After a trial to the Magistrate, the OVI was dismissed.
Juvenile client, age 16, was charged by City of Cincinnati Police with 4511.19(A)(1)(d), Operating a Motor Vehicle with a concentration of greater than .08 of one gram or more by weight of alcohol per two hundred ten liters of his breath (BAC), which was measured by at the Cincinnati Police Department at District One at .149 as measured by an Intoxilyzer 5000 breath machine. 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). At the scene the arresting officer had the Client perform the Horizontal Gaze Nystagmus (HGN), Walk and Turn, One Leg Stand field sobriety tests. Counsel filed a Motion to Dismiss the case after the client was not given a hearing within 5 days of his arrest to object to the Administrative License Suspension (ALS). At said hearing, counsel was able to negotiate a plea to a lesser charge of Reckless Operation, a minor misdemeanor. Client was fined $50.00 and costs, and the ALS was terminated. No further suspension imposed.
