Hamilton County Municipal Court, Case No. M/08/TRC/6938
Client was charged by Springdale Police Department with 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol after a single car accident into the City’s monuments. Springdale police attempted to take a breath sample, which produced invalid samples, and treated it as a refusal. Counsel appealed the Administrative License Suspension (ALS) and after a hearing, the Court found that it was not a refusal and terminated the ALS. Counsel then filed a Motion to Suppress the results of the Standardized Field Sobriety Tests, and after a hearing the Court Suppressed the results of all of the field tests, finding they were not administered in compliance with the National Highway Traffic Safety Administration (NHTSA). The matter was set for trial when Counsel was able to negotiate a reduced charge of Reckless Operation.