Mason Ohio Municipal Court, Case No. 11TRC03572
Client was charged by Ohio State Highway Patrol with Reckless Operation in violation of 4511.20 for passing on a double yellow line while speeding at 62 mph in a 45 mph zone, having an open container of beer in the vehicle in violation of 4301.62, Operating a Motor Vehicle under the influence of alcohol a violation of 4511.19 (A)(1)(a), and refusing a chemical test and having a prior conviction within the last 20 years a violation of 4511.19(A)(2)(B). It was the Client’s second OVI offense in the past three years. Client submitted to 3 standardized field sobriety tests, including the Horizontal Gaze Nystagmus (HGN) test, which the officer indicated he did poorly on and refused a breath test. A motion to suppress was held and the court suppressed the results of the HGN test and the matter was set for jury trial. Counsel was able to negotiate a plea agreement to a lesser charge of Reckless Operation, get the two year administrative driver’s license suspension (ALS) terminated and the fee waived. Client received a six month driver’s license suspension.