Hamilton County Municipal Court, Case No. 06/TRC/46477

City of Cincinnati OVI/DUI

Client was charged by City of Cincinnati Police with 4511.19(A)(1)(h), Operating a Motor Vehicle with a concentration of greater than .17 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 Five at .218 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 Walk and Turn, One Leg Stand, Finger to Nose, and Finger Count, among other field sobriety tests. Counsel filed a Motion to Suppress, challenging the constitutionality of the stop, the admissibility of the Standardized Field Sobriety Tests as they were not done in compliance with the National Highway Traffic Safety Administration’s (NHTSA) student manual, and challenging the lack of probable cause to arrest the Client. After a hearing the trial court found the stop constitutional (speeding), but agreed with Counsel, and found the officer lacked probable cause to arrest the Client at the scene, and dismissed the charges.