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. 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 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.