Hamilton County Municipal Court, Case No. C/08/TRC/51784
Client was charged by Springdale Police Department with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol being a second offense in six years, 4511.19(A)(2) a refusal with a prior conviction in 20 years, speeding and marked lanes violations. The officer administered two Standardized Field Sobriety Tests, namely the Horizontal Gaze Nystagmus Test (HGN) and the one-leg stand. The client refused to perform any further tests, including the portable breath test (PBT) and the breath test at the station. Counsel then filed a Motion to Suppress the results of the Standardized Field Sobriety Tests, and the matter was set for motion. The client was looking at a minimum of 20 days in jail, and a lengthy suspension if convicted. The morning of the motion, Counsel was able to negotiate a plea to a 1st time OVI with minimum treatment, 3 day in a driver’s intervention program, a 6 month license suspension, no party plates and minimum fine.