Charge: OVI, First Degree Misdemeanor (maximum 180 days in jail and $1,000 fine).
Facts: Client was pulled over for failure to obey a traffic device on U.S. Route 23 in Delaware, Ohio. Client allegedly failed field sobriety tests administered by a Trooper with the Ohio State Highway Patrol. Client was arrested and taken to the Delaware County Jail where he was asked to take a breathalyzer test. Client attempted to comply by submitting to a breathalyzer test. The results of two tests administered by the Trooper yielded a result of “Invalid Sample” by the BAC Datamaster breathalyzer machine. The Trooper accused Client of trying to trick the breathalyzer machine and advised Client that he was going to be charged with an OVI refusal. Client had a prior OVI conviction within the past six years and the charge of OVI refusal stood to enhance Client’s jail penalties.
Result: At the arraignment I was able to successfully negotiate a reduction of the OVI charge to a charge of Physical Control of a Vehicle While Intoxicated. The reduced charge is not a moving violation and, therefore, the client did not get any points on his license from the Bureau of Motor Vehicles (BMV).