Mar 06

Multiple Counts of Possession of Marijuana and Paraphernalia Case

October 2016

Possession of Marijuana and ParaphernaliaViolation and Citation:

Client was cited on several occasions for possession of marijuana and paraphernalia in client’s vehicle. Client’s greatest concern was the mandatory minimum 6-month license suspension on each of the charges. Client was also charged with No License Plate Light.

Result:

During this time, the legislature was thought to do away with the mandatory suspension. I delayed client’s cases until the legislature did in fact change the law and made it discretionary with the judge. Prior to going before the judge, the State agreed to request no license suspension if the defendant took a urine test and tested negative for marijuana. Client took a drug store test and came up negative. A change of plea was scheduled. Prior to the plea change, client took a court urine test which was negative. Since client did in fact test negative, client entered a No Contest to the charges. Client was fined $10 for the plate light violation and $25 for each possession charge. No license suspension was imposed.

 

Mar 02

Disorderly Conduct and Obstruction of Official Business Case

June 2016

Violation and Citation:

handcuffsClient was arrested for Disorderly Conduct and Obstruction of Official Business. Police officers were investigating a potential fight in a parking lot. Officer came up to client and asked for an ID. Client initially began to comply, but then asked why the officer wanted his ID. Long story short, client told the officer to fuck off and client was thrown to the ground and cuffed. Client’s “demeanor” went down-hill from there, and he was held in jail. Officer was wearing a body-cam. Video showed that officer was “quick to react” to client’s “questioning the propriety of the officer’s method of investigation”. No other parties were questioned during the “investigation” of the potential fight. Client had a history with this police agency.

Result:

Both charges merged into a Persistent Disorderly Conduct. Client was given credit for night in jail. Night in jail handled any fine and court costs (essentially, no fine or court costs), and also wrapped up 2 other cases client had pending at the time (what I call a package deal).

 

Feb 27

OVI, Super OVI, Child Support Suspension, and Failure to Reinstate Suspension Case

July 2016

Sheriff Car WapakViolation and Citation:

Client was stopped because the registered owner of the vehicle was under suspension. The officer had run the plate. Client was not the owner, but looked similar to the owner. However, client was also under suspension. Client was also given sobriety tests, which client failed. Client also refused the breath test. Client had 2 prior OVIs within the last 6 years. Client was cited with OVI, Super OVI (minimum of 60 days in jail), Child Support Suspension, and Failure to Reinstate Suspension.

Result:

Validity of stop was the issue pursued. 5 months later, the deal reached was client plead to OVI (1st in 6 years), 3 day alcohol school, $375 fine, and a 6 month license suspense, credit for time already served on the suspension, 6 points assessed.

 

Feb 23

Underage Consumption, Possession of Marijuana, No Front License Plate, and No Seatbelt Case

July 2016

possession of marijuanaViolation and Citation:

Client was stopped for not having a front license plate. The officer spotted several empty bottles of hard liquor in client’s car. Officers found marijuana in client’s car. Client was 19 years old. Client cited for Underage Consumption, Possession of Marijuana, No Front License Plate, and No Seatbelt.

Result:

Client completed an online alcohol course and marijuana course. Client was offered diversion. Client convicted of No Seatbelt and No Front Plate.

 

Feb 20

OVI, Failure to Stop After Accident, and Assured Clear Distance Case

June 2016

Car CrashViolation and Citation:

Client ran into the rear of a vehicle, then left the scene. Client ended up at a hospital and blood was drawn. Drugs and or alcohol was suspected. Client was cited for OVI (under the influence), Failure to Stop After Accident, and Assured Clear Distance.

Result:

First the blood alcohol results came back at .000. Then the drug tests came back negative for any illegal drugs. Client plead to Failure to Stop After Accident. $75 fine. Remainder of charges were dismissed.

 

Feb 16

OVI Case with Traffic Accident

October 2016

Violation and Citation:

crashed carClient was coming into town at a high rate of speed and failed to negotiate a curve in the road and ended up rolling his car several times at the beginning of town, taking out several traffic control devices. Client was encountered by officers earlier in the evening (client was not driving) and found to be very intoxicated. Client was extracted from the vehicle and taken to the hospital where a blood draw was performed. Client tested. .242 blood alcohol. Client was cited for OVI. Restitution was sought for $100,000.

Result:

Client complete the 3 day alcohol school prior to his court date. Negotiations with the State resulted in a conviction for OVI, credit for the alcohol school, $850 fine, 6 points assessed, all license suspensions terminated and no reinstatement fees. Restitution, if sought, would be determined civilly.

 

Feb 14

OVI, Super OVI and Turn Signal Violation Case

December 2016

Violation and Citation:

Police OfficerClient was stopped for not using a turn signal and traveling off the road to the right. The officer smelled alcohol. Client had passengers who were clearly drunk. Client was removed from the car to perform sobriety tests. Client failed miserably the sobriety tests. Client refused the breath test. Client was cited for OVI, Super OVI and turn signal violation. This was client’s 2nd OVI in 6 years, and 3rd overall. Client faced a minimum of 20 days in jail and a minimum 1 year license suspension. While this case was pending, client was cited for driving under suspension, an automatic 3 days in jail and license suspension.

Result:

Client was medically “obese” and I argued that the sobriety tests were invalid because of client’s weight. Negotiations with the prosecutor resulted in a conviction for Physical Control, 20 days suspended jail on the condition of no alcohol consumption for 1 year, an alcohol evaluation with completed follow-up, $1,000 fine, 0 points assessed, no license suspensions and no reinstatement fees. DUS was amended to violating a license restriction with costs and 2 points.

 

Feb 09

Speeding Case

June 2016

Violation and Citation:

speeding shown on speedometerClient was stopped for doing 145mph in a 70mph zone (the kind of stuff the police live for). After cited with a huge speeding charge, the client’s concern was loosing the right to drive at all for 1 year.

Result:

Negotiations with the State resulted in a conviction for 145mph in a 70mph, 0 points assessed, $750 fine, and no license suspension.

 

Feb 06

Reckless Operation Case

November 2016

Violation and Citation:

Smoking Tires - Reckless OperationClient was cited for reckless operation. The officer alleged that client was spinning his tires through an intersection (hole shot) with the engine racing the whole time and the tires smoking.

Result:

Review of the officer’s video indicated that this may not have been the case.

Negotiations with the prosecutor resulted in a conviction for 29mph in a 25mph. $100 fine and court costs, 0 points assessed. Client was able to complete the case in writing and did not have to return to court.

 

Feb 02

OVI and Traffic Control Device Case

September 2016

Violation and Citation:

Ohio State Highway Patrol carClient was pulled over for stopping beyond the stop bar at an intersection. The officer smelled an odor of alcohol and client had glassy bloodshot eyes. Client failed the sobriety tests. Client blew a .158 breath alcohol. Client was cited for OVI and Traffic Control Device.

Result:

Motion to throw the case out was contemplated, and upon meeting about the motion and other issues with the prosecutor, it was found that there was a problem with the breath machine. Negotiations with the prosecutor resulted in a conviction for Reckless Operation with a $100 fine, 4 points assessed, and the license suspension was terminated, no further license suspension imposed, and no reinstatement fees.

 

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