Attorney Jon Saia recently obtained a positive case result for a client who was accused of OVI, reckless operation of a motor vehicle, failure to control, and endangering a child for failing to use proper restraints in a vehicle. The New Lexington man received a far less severe conviction and sentence because of Attorney Saia’s success in getting certain evidence thrown out from the case.
The man was accused of driving while drunk with a 7-year-old child in the car and failing to have the proper safety restraints on the child. His vehicle struck parked cars and the child’s head hit the windshield, which led to minor injuries. The man’s urine test showed a blood alcohol concentration of 0.147%.
Attorney Saia filed a Motion to Suppress Evidence, and after the hearing the urine alcohol test and all field sobriety tests were suppressed and could not be used as evidence in the trial. Attorney Saia also succeeded in getting a Motion in Limine granted, whereby evidence against the client of failing to use the proper child restraint could not be used for any purpose other than a violation of that particular statute.
Attorney Saia was able to negotiate a plea deal for his client that helped him avoid many of the severe penalties. The man plead Guilty for a seat belt violation and No Contest to the remaining facts. He was found Guilty of failure to control, and sentenced to pay a fine of $225 and court costs.
Perrydaily.com wrote an article about the case titled “New Lex councilman accepts plea agreement”. In the article the prosecuting attorney said that the man “…owes a great deal to his attorney. Mr. Saia made arguments and cited statutes that I did not know existed.”
Attorney Jon Saia has more than 20 years of legal experience and focuses his practice on OVI and criminal defense in Ohio. He is recognized as an expert on standardized field sobriety testing and is often consulted by other lawyers about breath testing in OVI cases. Contact us to learn how Attorney Saia and our dedicated defense team at The Law Offices of Saia, Marrocco & Jensen Inc. can help you fight criminal charges.
