Mason Ohio Municipal Court, Case No. 08TRC05225
Client was charged by Mason Police Department with a marked lane violation in violation of Mason City Ordinance 331.08, and Operating a Motor Vehicle under the influence of alcohol in violation of Mason City Ordinance 333.01 (A)(1)(a). The Client refused to submit to a breath test. Client was stopped for weaving, submitted to 1 standardized field sobriety test, the Horizontal Gaze Nystagmus (HGN) test, which the officer indicated he failed. Counsel set the matter for a Motion to Suppress the results of the HGN test, and probable cause to arrest. The court suppressed the results of the HGN test as Counsel convinced the court that the officer did not administer the test properly, but did find probable cause to arrest. The matter was set for Jury Trial, and on the eve of trial, Counsel was able to negotiate a plea agreement to a lesser charge of Reckless Operation.