State v. Sherman, Case No. 2014-TRC-215 / 2014-TRD-216
Attorney Jon Jensen recently achieved a great result for a client facing OVI charges in Morrow County. The client was originally charged with OVI (4511.191(A)(1)(a)) and FTC (4511.202) after being involved in a single car accident. He was the only occupant in the vehicle.
Officers had the client perform field sobriety tests, and 4 clues were observed on the HGN test. The client did not touch heel-to-toe on multiple occasions during the walk and turn test. The client would not watch his foot as he performed the one leg stand and counted incorrectly. The officer also had the client perform other “skill evaluations”, such as reciting the alphabet beginning with the letter “D” and ending on the letter “N.” The client was also asked to count backwards from 59 to 45, but he was unable to complete either task. The client also exhibited a strong odor of alcohol and his eyes were “very glassy.”
The client tested .203 grams of weight of alcohol per one hundred milliliters (grams percent) of urine.
Attorney Jensen sought to suppress the chemical test results on the basis the State could not establish the urine sample was taken within the time prescribed by law. The Court, without hearing, indicated it intended to suppress the chemical test result as there was no indication the sample was taken within 3 hours of the client operating his vehicle. The State dismissed the OVI charge and the client pled to a FTC, and paid $150.00 in fine and costs.
If you are charged with OVI or another criminal offense in Ohio, contact The Law Offices of Saia, Marrocco & Jensen Inc. to learn how we can fight for you!