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Third OVI Dismissed in Place of a Physical Control Violation

Updated: November 18, 2019
Antony Abboud
By Antony Abboud

Antony “Tony” Abboud is a partner and one of the proud founders of Gounaris Abboud, LPA. His law career included positions as a municipal court prosecutor and acting magistrate. He has been blessed to focus his 20-year law career in the two areas of criminal and traffic defense.

Recently, a client came to Gounaris Abboud with a third OVI charge. This particular client was a government employee with over twenty years of experience. A third OVI on his record would have most likely resulted in the loss of his job. During the traffic stop that led to his arrest, the defendant failed all field sobriety tests.

The intoxilyzer 8000 breath test registered his BAC at .156, almost twice the legal limit. The client had a collection of beer cans in his car at the time that he was topped, and even verbally admitted that he had had a few beers to drink and consumed hard liquor. Furthermore, at the time of the traffic stop our client urinated on himself, which helped to prove that he was clearly intoxicated.

Our client was arrested, and the state’s attorney refused to reduce the charges at all. When this client contacted us, we decided to file a motion to suppress that challenged the nature of the stop and the field sobriety testing. We also challenged the breath test results. On the day of the hearing, the prosecutor agreed that he would dismiss the OVI charge and all accompanying charges. Instead, the court charged our client with a physical control charge, to which he plead guilty.

Our client was extremely pleased to learn that he incurred no license suspension and wouldn’t be required to spend any time in jail. He didn’t even need to enroll in a weekend program, even though this is a common penalty in Ohio. The client was extremely pleased with the results of the case. Like this client, maybe you have a job that is not tolerable of OVI charges. If you are worried about the future and want someone to help you with your charges, contact a Dayton criminal defense attorney at Gounaris Abboud today for more information!

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