Hamilton County Municipal Court, Case No. C/10/TRC/5122
St. Bernard/Elmwood Place OVI/DUI
Client was charged by Elmwood Place Police with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI), 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 St. Bernard Police at .276 as measured by an BAC Data Master breath machine, and failure to use reasonable control after losing control of her vehicle. After arriving at an accident the arresting officer stated the client admitted to drinking, that he noticed an odor of alcohol, slurred speech 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, jail time and extended licenses suspension.