City of Cincinnati OVI/DUI
Client was charged by Ohio State Patrol with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI), being a second offense within 6 years, and with 4511.19(A)(2), Operating a Motor Vehicle while under the influence and having a prior OVI conviction within 20 years and refusing to submit to a chemical test. Client was stopped for a stop light a violation and submitted to several standardized field sobriety tests, which the officer noted were performed poorly. Client refused a breath test. Client had a prior OVI conviction less than two years ago. A motion to suppress was held earlier, which the Judge found probable cause to arrest, but a record of the facts was made. The matter was set for jury trial and on the morning of trial, the Judge recalled the facts from the motion to suppress, and a trial was held to the bench, where Client was found not guilty.
