Case Results in Drunk Driving and OVI Cases
The Hemminger Law Firm supports clients in Franklin, Delaware, and Surrounding Counties in Ohio.
We would like to take a moment to share with you a few of the results that we have been able to obtain for our clients in drunk driving cases, felony, and misdemeanor cases. Please note that every drunk driving case is different and our analysis of a case depends on the unique facts involved in the case. No two cases are the same and we cannot guarantee any outcome for you and your DUI / OVI, felony, or misdemeanor case. Likewise, sometimes we are not able to reach a plea agreement with the prosecutor which results in the client being faced with the difficult decision whether to take the case to trial or enter a change of plea to “guilty”. If our client wants to take the case to trial, we work hard and do the best job we can, but taking a case to trial is completely unpredictable. If our client wants to change their plea to “guilty”, then we do my best to mitigate the judge’s sentence. Either way, we will give you our best opinion as to the quality of the evidence, the risks involved and the minimum and maximum penalties
Columbus, Ohio DUI/OVI – My client was charged in Franklin County Municipal Court with OVI in March 2012. It was my client’s 2nd OVI in the past 20 years. My client did poorly on the field sobriety tests and blew a .193 (“high test”). However, upon review of the police report, I was able to find a critical mistake by the arresting officer. The prosecutor agreed to amend the charge to a “Physical Control” violation and the OVI was dismissed. My client agreed to attend a 3 day certified driver intervention program, paid a $300 fine and was placed on probation for one year. No conviction for OVI and no additional license suspension.
Columbus, Ohio DUI/OVI – My client was charged in Franklin County Municipal Court with OVI in June 2012. It was my client’s 3rd arrest (with one prior conviction) for OVI in the past 20 years and was still on probation for a “physical control” violation. My client did poorly on the field sobriety tests and refused the breath test. He was charged with both OVI and Refusal (of the breath test) with a Prior Conviction. In addition, he was charged with a probation violation for the arrest. After discussing the case with the Judge and Prosecutor, I was able to negotiate a deal for my client to include both the OVI charge and the probation violation. My client attended a 3 day certified driver intervention program, paid a fine of $375 and was granted driving privileges during the court ordered suspension for the minimum 6 months. No jail for the OVI or the probation violation.
Delaware County, Ohio DUI/OVI – My client was charged in Delaware County Municipal Court with OVI in July 2012. It was my client’s 2nd arrest for OVI in the past 6 years. My client struck a tractor-trailer and totaled her vehicle on Interstate 71, did poorly on the field sobriety tests and submitted to a urine test. The result of the urine test revealed a blood alcohol level of 0.298 (a “high test” and over 3.5 times the legal limit). As a result of the prior OVI conviction and “high test” results, my client was facing a minimum of 20 days in jail, mandatory alcohol counseling, an interlock engine device, restricted license plates, 90 day immobilization of the vehicle, a maximum fine of $1,625 and a driver’s license suspension of 1-5 years. I immediately sent my client to alcohol counseling and convinced the prosecutor to dismiss the urine test. As a result, my client pled to an “impaired” OVI, served only 10 days in jail, paid a $700 fine and was placed on non-reporting probation. Due to other very unusual circumstances in this case, my client was able to avoid having her driver’s license suspended, as well as avoided the restricted license plates, the interlock device and the immobilation of her vehicle.
Grove City, Ohio DUI/OVI – My client was charged with OVI in the Grove City Mayor’s Court. The officer alleged that my client drove off the roadway twice, failed 2 out of 3 field sobriety tests and refused to submit to a breath test. After reviewing the video tape from the police cruiser, there was no clear evidence that my client drove off the roadway and I was able to find multiple errors by the officer in administering the field sobriety tests. As a result, the prosecutor amended the charge to “Physical Control” and my client paid a $250 fine.
Reynoldsburg, Ohio DUI/OVI – My client was arrested by the Reynoldsburg Police for OVI, Speeding, Weaving, Failure to Use Turn Signal and Open Container (half empty bottle of vodka in the backseat). My client admitted to drinking the vodka and blew a .069 (under the limit), but the officer wanted a blood sample based upon my client’s admission to use of prescription drugs. I answered the 4:00 a.m. phone call and told my client to refuse the blood test. After the prosecutor refused to negotiate in Reynoldsburg Mayor’s Court, I transferred the case to Franklin County Municipal Court and filed a Motion to Suppress Evidence. Based upon the issues raised in my motion, the prosecutor amended the charge to “Reckless Operation” and dismissed the 1 year suspension for refusing the blood test.
Columbus City, Ohio DUI/OVI – My client was a bartender who left his bar at 3:00 a.m. after the Super Bowl. He was stopped at an intersection for a stop bar violation. My client successfully performed field sobriety tests, but refused a portable breath test and was arrested for OVI. Throughout the case, the prosecutor had refused to negotiate away from the OVI. I filed a motion to suppress evidence and, on the day of the suppression hearing, the prosecutor amended the charge to “Physical Control”. No OVI and no points on his license.
Case Results in Felony Criminal Cases
Columbus, Ohio – My client was charged with Burglary and was facing 2-8 years in prison. After negotiating with the prosecutor, I secured a plea deal for my client to the misdemeanor charge of Theft. At sentencing, my client was given credit for 10 days previously served in jail and was released. No felony, no jail, no probation and no fine.
Delaware County, Ohio – My client was charged with 2 counts of Gross Sexual Imposition (2 alleged victims) and after months of arguing with the prosecutor over evidentiary issues, the prosecutor dismissed all charges on the eve of trial.
Delaware County, Ohio – My client was charged with several sex offenses and the jury trial lasted 3 days. After more than 24 hours, the jury returned a split verdict at 7:30 pm on Friday night. The jury confessed that they were a “hung jury for several hours” before ultimately returning a verdict of Not Guilty on 3 counts of Rape, but Guilty on 2 counts of Rape.
Delaware County, Ohio – My client was indicted on felony theft charges. The government’s evidence included eye witnesses, video evidence and a full confession. However, I entered a plea for my client of Not Guilty By Reason of Insanity and the forensic psychologist testified as to my client’s inability to appreciate the wrongfulness of her actions at that time. At trial, the Judge accepted our expert’s testimony and found my client Not Guilty By Reason of Insanity.
Case Results in Misdemeanor Criminal Cases
Columbus Ohio – My client was charged with Obstruction of Official Business, Resisting Arrest, Assault, Disorderly Conduct and Public Urination. After extensive investigation, I located video evidence from surveillance cameras of the alleged incident. After reviewing the evidence, the prosecutor agreed to dismiss the majority of charges and my client accepted a plea deal to Disorderly Conduct. My client received a sentence of court costs only.
Columbus, Ohio – My client was charged with 2 counts of Domestic Violence and 2 counts of Assault. After numerous failed negotiations with the prosecutor, I was able to secure a plea deal for my client just before a jury was sat for the trial. My client pled to 1 count of Criminal Mischief, a 3rd degree misdemeanor and property offense. I spoke on my client’s behalf at sentencing and the judge ordered a suspended sentence only and placed my client on non-reporting probation. My client avoided jail and avoided being convicted of a “violent crime against persons”.
Columbus, Ohio – My client was a successful Columbus area restaurant owner and was facing 6 months in jail on white collar criminal charges for failing to file his company’s sales tax returns. Four weeks before trial, my client fired his previous lawyer and hired me instead. During my investigation, I was able to secure evidence that my client’s accountant was actually at fault and provided the prosecutor with recent case law from the Ohio Supreme Court beneficial to my client’s defense. On the day of trial, the prosecutor dismissed all charges against my client.
Columbus, Ohio – My client was charged with Aggravated Menacing for allegedly threatening to kill someone. My client proclaimed her innocence and fired her previous attorney. After being retained, I immediately subpoenaed phone records and interviewed witnesses. When confronted with the new evidence from my investigation, the prosecutor dismissed all charges on the day of trial.
Columbus, Ohio – My client was charged with Possession of Marihuana and Drug Paraphernalia. Rather than attend the arraignment hearing alone, my client called me and retained my services. At the hearing, I negotiated a deal for a bond forfeiture for my client and the case was resolved without a conviction