Sidney Municipal Court, Case No. 10TRC02768
Client was charged by Ohio State Patrol with a marked lanes violation and a second violation in six years of 4511.19(A)(1)(a), Operating a Motor Vehicle while under the influence of alcohol or drug of abuse (OVI/DUI), and a violation of 4511.19(A)(2) refusing to submit to a chemical test while having a prior OVI conviction in the last 20 years. At the scene the arresting officer had the Client perform the Horizontal Gaze Nystagmus (HGN), Walk and Turn, One Leg Stand field sobriety tests, which the officer indicated were performed poorly. A portable breath test (PBT) indicated a BAC of .133. Client refused to provide a breath test. The matter was set for Motion to Suppress the results of the standardized field sobriety tests and probable cause to arrest, and after successfully finding flaws in the administration of the standardized field sobriety tests, counsel was able to negotiate a plea to a lesser charge of Reckless Operation.