Hamilton County Municipal Court, Case No. C/08/TRC/56001
Client was charged by Ohio State Patrol in Reading, Ohio with 4511.12, failing to stop properly at a stop sign, 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol and with 4511.19(A)(2) refusing a breath test with a prior conviction within 20 years. Client had three prior DUI/OVI convictions, non in the last six years. Counsel then filed a Motion to Suppress the results of the only Standardized Field Sobriety Test given, namely the Horizontal Gaze Nystagmus (HGN) test, and after a hearing the Court Suppressed the results of the field test, finding it was not administered in compliance with the National Highway Traffic Safety Administration (NHTSA). The matter was set for trial, and the Client was found not guilty on both OVI charges. He was found guilty of failing to properly stop at a stop sign.