Hamilton County Municipal Court, Case No. C/11/TRC/53670
Client was charged by Loveland Police with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI), and a marked lane violation. Client submitted to 3 standardized field sobriety tests, which the officer indicated she performed poorly. Client was unable to provide a breath test for physical reasons, but the officer treated the inability as a refusal to submit to the test. Counsel appealed the Administrative Licenses Suspension (ALS) for the refusal, challenging that it was not in fact a refusal. The Court granted the appeal and terminated the ALS. Further, counsel was able to negotiate a plea to a lesser charge of Reckless Operation.