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.

 

Aug 08

Failure to Reinstate and Fictitious Plates Case

October 2016

Violation and Citation:

Client was stopped because a gas station attendant called him in for drinking beer while stopped to fill up with gas. Officer pulled client over and ran him through Field sobriety tests, which client passed. However, client was cited for Driving under a Noncompliance Suspension, Failure to Reinstate and Fictitious Plates.

Result:

State was approached with filing motion to have case thrown out because the officer did not have valid reason to stop client. Negotiations with the State resulted in a conviction for No Operators License with a $50 fine and 0 points assessed.

 

Aug 02

OVI, Reasonable Control and Leaving the Scene Case

October 2016

Violation and Citation:

Client allegedly hit a city utility pole bringing down power lines and then driving off. Officers determined that client was the perpetrator from eyewitness accounts and parts and fluid trail that lead to client’s house. Defendant was found to be unsteady on his feet, however, client had a beer in his hand when the officers arrived, and stated that he had several other beers at home prior to the police showing up at client’s house. Client refused all sobriety tests and refused the breath test. Client was cited for OVI, Reasonable Control and Leaving the Scene.

Result:

I had client attend the 3-day school prior to going in front of the judge. Negotiations with the State resulted in a conviction for Physical Control, $250 fine, 0 points assessed, no license suspensions and no reinstatement fees.

 

Mar 30

Underage Consumption Case

August 2016

empty beer in the yardViolation and Citation:

Client admitted to drinking beer at an underage party. Client was charged with Underage Consumption, a misdemeanor of the first degree.

Result:

Negotiations resulted in charges being reduced to Disorderly Conduct (noise violation) a minor misdemeanor. $75 fine.

Mar 27

Shoplifting Case

August 2016

handcuffsViolation and Citation:

Client was held outside of a local store for allegedly shoplifting. The police were called. During the interaction, the officer turned the item over to the manager. The manager took the item back into the store to “check something out” about the item. All the interaction was caught on the officer’s dash cam, except when the manager went back into the store.

Result:

The police created a chain of custody issue when the manager was given the item, and went back into the store, out of sight of the officers. Case dismissed.

Mar 23

OVI and Speed 100 MPH Case

August 2016

Beer and Red Solo CupsViolation and Citation:

Client was stopped for driving 100mph. Officer smelled a strong odor alcohol and client admitted to drinking earlier, approximately 8 beers. Client failed the sobriety tests. Client refused the breath test. Client was charged with OVI and Speed.

Result:

Motion to suppressed was filed challenging the sufficiency of evidence to arrest client. During this period, client attended the 3 day alcohol school. Prior to going into the courtroom for the motion hearing, the state offered a Physical Control. Client pled to the Physical Control, with 60 days being electronically monitored for alcohol (given the speed violation, client was found to be a dangerous risk on the roads), $500 fine, 0 points assessed. Client’s refusal suspension remained in effect.

Mar 20

OVI and Lanes of Travel Case

June 2016

OVI and Lanes of TravelViolation and Citation:

Client was stopped for violating Marked Lanes. He was called in by another motorist as a drunk driver. The officer watched client drive outside his lanes. Client admitted to drinking alcohol earlier in the evening. Client had glassy and bloodshot eyes and slurred speech The officer indicated that client stumbled from the vehicle. Officer asked client to take the sobriety tests. Client stated to just take him in, he was refusing all tests. Client also refused the breath test. Client was cited with OVI and Lanes of Travel. Client had a CDL.

Result:

Client had a rare documented chronic medical condition that could have accounted for his appearing under the influence. Given the medical defense, the State offered client a Physical Control, with $650 fine, 3 day alcohol school, 6 month license suspension, and 0 points. Given client’s medical condition, alcohol should never be consumed if client is going to drive. Client will be arrested for OVI.

Mar 16

Assault and Possession of Marijuana and Paraphernalia Case

September 2016

assaultViolation and Citation:

Client was charged with assault for causing facial fractures to another patron during a bar fight. Client was also charged with possession of marijuana and paraphernalia

Result:

Client pled to the assault and the remaining charges were dropped. State was asking for 90 days in jail. Client was prepped with mitigating factors to present to the judge. Judge imposed 15 days in jail, with work release, no fine, and no reporting probation.

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