Mason Ohio Municipal Court, Case No. 10TRC00015
Client was charged by Ohio State Highway Patrol with no license plate light a violation of 4513.05, 4511.19 (A)(1)(a), Operating a Motor Vehicle under the influence of alcohol and 4511.19(A)(1)(d), Operating a Motor Vehicle with a concentration of greater than .08 of one gram or more but less that .17 of one gram by weight of alcohol per two hundred ten liters of his breath (BAC), which was measured by the Ohio State Highway Patrol at .091 with a BAC DataMaster machine. Client was stopped for not having a light over his license plate, submitted to 3 standardized field sobriety tests, which the officer indicated he did poorly on. Client possessed a Commercial Driver’s License (CDL), and would have been disqualified for one year with the Ohio Bureau of Motor Vehicles (BMV). Counsel appealed the Administrative License Suspension (ALS), which appeal was granted for failing to properly warn of the consequences of taking a breath test and Counsel was able to negotiate a plea agreement to a lesser charge of Reckless Operation.