Hamilton County Municipal Court, Case No. 09/TRC/51630
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), and 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 .223 as measured by an Intoxilyzer 5000 breath machine.. After arriving at an accident where client hit another car head on, the arresting officer stated the client admitted to drinking, that he noticed an odor of alcohol and bloodshot watery eyes. The officer had the Client perform three standardized field sobriety tests, the Horizontal Gaze Nystagmus (HGN), the One Leg Stand, and the Walk and Turn Test, which the officer noted she failed and arrested the Client. The matter was set for a motion to suppress the breath test and the standardized field sobriety tests. Counsel was able to negotiate a plea to a low tier OVI with a minimum sentence, avoiding the party plates.