City of Cincinnati OVI/DUI
Client was charged by City of Cincinnati Police 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 stated the client admitted to drinking, that he noticed a strong odor of alcohol, bloodshot eyes, and slurred speech. The officer had the Client perform one standardized field sobriety test, the Horizontal Gaze Nystagmus (HGN) test, which the officer noted 6 out of 6 clues, and two non-standardized field sobriety tests, namely the alphabet test and numbers test. Counsel filed a Motion to Suppress, challenging the constitutionality of the stop, the admissibility of the Standardized Field Sobriety Test as it was 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. The morning of the hearing, the City Prosecutor’s office offered a reduced charge of Reckless Operation which was accepted.
