Mason Ohio Municipal Court, Case No. 11TRC02795


Client was charged by Warren County Sheriff deputy with being in Physical Control of a Motor Vehicle under the influence of alcohol in violation of 4511.194, when the deputy found client asleep in his vehicle with the vehicle running. Client submitted to a breath test which produced a result of .085 of one gram by weight of alcohol per two hundred ten liters of his breath (BAC), which was measured by the Warren County Sheriff with a BAC DataMaster machine. Counsel inspected the machine and records and found defects in its calibration, and successfully convinced the state of Ohio that the results would be inadmissible.   Counsel was able to negotiate a plea agreement to a lesser charge of Reckless Operation, a minor misdemeanor. Client only had a fine, and avoided a new suspension and jail time.