Case Results: OVI with .127 Test Gets Reduced to Reckless Operation

Our client (T.H.) was charged with an OVI under Ohio Revised Code Section 4511.19. On or about January 26, 2014, an Ohio Highway Patrol Officer pulled him over for speeding, 48 in a 35 mph zone. The officer said that he detected an odor of an alcoholic beverage, noticed his eyes being glassy and blood shot, and his movements were allegedly slow and lethargic.

T.H. was ordered out of his vehicle and was asked to perform to a Field Sobriety Test (FST). T.H. complied and the officer found six clues on the Horizontal Gaze Nystagmus, three clues on the Walk and Turn Test and one clue of impairment on the One Leg Stand Test. T.H. was arrest for an OVI and also agreed to take a Breathalyzer test and tested a .127% BAC under the Intoxilyzer 8000 machine.

Upon negotiating with the City's prosecuting attorney, Attorney Tony Abboud, was able to convince the prosecutor to dismiss the OVI charge in exchange for T.H.'s plea of guilty to a reckless operation offense, which is a misdemeanor of the fourth degree.