Oct 17

OVI and No Turn Signal Case

July 2016

Violation and Citation:

Client was stopped for not using a turn signal. The officer could smell a strong odor of alcohol and client had glassy and bloodshot eyes. Client did pretty crappy on the sobriety tests. In fact, client began crying. After a pat down to put client in the cruiser, the officer found what was presumed to be marijuana in client’s “handbag”. Client refused the breath test. Client was cited for OVI and No Turn Signal. Client had prior conviction outside of 6 years. The “leafy substance” was sent off to the lab to be tested.

Result:

Review of the video showed that client was actually driving very well, and used a turn signal, although maybe not “within 100 feet of making turn”. Motion to have the case thrown out was filed. Prior to going into the courtroom, state offered a Physical Control. Penalty was the 3-day school, $1,000 fine, with $600 suspended, suspended jail, 0 points, 1-year refusal license suspension stayed in effect. Client could get driving privileges if tested negative for pot, which client did at court that day. Marijuana charges were not pursued by the State.

Oct 10

Domestic Violence Case

October 2016

Violation and Citation:

Client was involved in a physical alteration with a family member at home. Family member called police and client got charged with Domestic Violence, facing up to 6 months in jail, $1,000 fine, loss of firearms, and therefor, no hunting.

Result:

Negotiations with the State were protracted. Client had a viable self-defense argument. Client obtained an anger management assessment which indicated that client had no issues. Original charge was amended to Minor Misdemeanor Disorderly Conduct with a total maximum penalty of $150. Client was given a $50 fine.

Oct 03

OVI and No Turn Signal Case

July 2016

Violation and Citation:

Client was stopped for slightly driving off the right side of the roadway and later not using a turn signal. Client passed the counting and alphabet tests. Client failed the other sobriety tests. Client blew .158 on the breath machine. Client was cited with OVI and No Turn Signal.

Result:

While negotiations were ongoing, client attended the 3-day school. Negotiations resulted in a conviction for Physical Control, with credit for the 3-day school, $1,000 fine, 0 points assessed, And no license suspension or reinstatement fees.

Sep 26

OVI and Super OVI Case

October 2016

Violation and Citation:

Client was followed by officer for driving on the fog line, then crossing the fog line. Client pulled into a private driveway and stopped. Given the time of the night, the officer returned to the residence to see if the car was registered to that address. When the officer flashed high spotlight, client was pressed up to the side of the house, as if they were hiding. The officer turned on his overhead lights and began to investigate this “suspicious” person.

The officer detected a moderate odor of alcohol on client. The officer administered the Field Sobriety Tests, all of which client failed. Client admitted to drinking 6 beers and refused to take a portable breath test. Client refused the breath test back at the station. Client was cited for OVI and Super OVI. Client had a prior OVI arrest 2.5 years earlier with a refusal. Client faced a minimum of 3 days in jail and the 3-day alcohol school.

Result:

Client had an alcohol assessment and completed counseling. Negotiations with the State resulted in a conviction for Physical Control with 1 day served in jail, 14 days in jail suspended, $1,500 fine, 0 points assessed, no license suspensions and no reinstatement fees.

Sep 19

Underage Consumption, OVI, Super OVI, and Failure to Yield Case

August 2016

Violation and Citation:

Client blew thru a stop sign and went into a residential driveway and crashed into a car sitting in the driveway at about 50mph. Defendant had glassy bloodshot eyes and smelled of alcohol. Client admitted to drinking. Client failed the sobriety tests. Client blew a .182 breath test. Client was cited with Underage Consumption, OVI, Super OVI (tested above .17), and Failure to Yield. Client was 18 years old. This was client’s third accident in 3 years.

Result:

After some “damage control” and negotiations with the State, client pled to OVI, with the 3-day alcohol school, 40 hours of community service, $650 fine, 6-month license suspension, 6 points assessed, and no fine for Underage Consumption amended to Disorderly Conduct.

Sep 12

Client vs Dog Warden Case

September 2016

Situation:

Client lost his dog, which was picked up by the dog warden. The law required he claim the dog within 3 days of being picked up by dog warden. Client discovered the dog warden had the dog, on the 4th day. Client contacted the dog warden immediately. Client was told he was too late, and the dog was adopted out already.

Client filed suit against dog warden and others (client represented himself). Long legal story short, client found himself in a losing battle and needing to file his case in the Ohio Supreme Court. Client came to me for assistance. After assessing the utter craziness that this case was, I suggested we just negotiate to get the dog back before the case had to be filed in the Ohio Supreme Court.

Result:

Client paid a small amount to cover the legal expenses of one of the parties he sued, and client’s dog was returned.

Sep 05

Speeding in a 55 Case

October 2016

Violation and Citation:

Client was cited for Speeding, going 70mph in a 55mph zone.

Result:

Negotiations with the prosecutor resulted in a conviction for No License Plate Light. $150 fine plus court costs, 0 points assessed.

Visit the Wilson Law website for more information about Wilson Law or our attorneys or call us at (419) 394-2323 for more specific questions. For after-hour calls, Wilson Law also has a 24-hour answering service set up.

Aug 29

OVI at Rest Area Case

August 2016

Violation and Citation:

Client pulled over into an interstate rest area to “rest”. Highway Patrol responded to the rest area because other drivers had reported client as a drunk driver. When officers arrived, client was slumped over the center counsel and passed out. When the officers woke client he “reacted with shock and a look of worry”. When client rolled down the window, the officers noticed an open and half empty bottle of whiskey on the passenger seat. The officers smelled alcohol on the defendant. Client stated that he had not drank while driving, but drank the night before. During the sobriety tests, client stopped the test and indicated that he was too impaired to continue, and that is why he stopped in the rest area. Client refused the breath test. Client was cited with OVI.

Result:

Protracted negotiation and arguments over whether client had drank some whiskey after stopping at the rest area, and whether the results of the failed sobriety tests were a result of whiskey consumption after client stopped driving or not.

Client had taken the 3-day school during the negotiation period. Negotiations resulted in client being convicted of Physical Control, $750 fine, the refusal suspension (ALS) was terminated, no reinstatement fees, and no suspension imposed. 0 points assessed.

 

Aug 22

Disorderly Conduct and Resisting Arrest Case

October 2016

Disorderly Conduct and Resisting ArrestViolation and Citation:

Client was tased with a taser when he failed to stand down during a brawl at a public event. Several officers tased client and ultimately subdued client. Client was charged with Disorderly Conduct and Resisting Arrest.

Result:

Negotiations with the State resulted in a conviction for Obstructing Official Business, with a fine of $100.

For more information about Wilson Law in St. Marys, OH or our attorneys, please visit the Wilson Law website or call us at (419) 394-2323 for more specific questions. Wilson Law also has a 24-hour answering service for after-hour calls.

 

Aug 15

OVI and Super OVI Case

October 2016

Violation and Citation:

Client was stopped for driving over the white edge line. Client admitted to drinking during a Buckeyes game at a local restaurant after officer remarked on the client’s eyes. Client failed most of the sobriety tests and said couldn’t perform them if he was sober. Client was taken for breath test and tested .187. Client was cited for OVI and Super OVI.

Result:

Prior to his court date, I had client complete the 3-day alcohol school. Negotiations with the State resulted in a conviction for Physical Control, $1,500 fine, 0 points assessed, no license suspensions and no reinstatement fees.

 

Older posts «

Fetch more items