Our client, who had previously convicted of an OVI, was pulled over in Guernsey County due to a registration issue with his car. After submitting to field sobriety tests, our client was placed under arrest and submitted a urine sample. Though he had no alcohol in his system, our client tested significantly over the per se limit of marijuana metabolite and was charged with a per se OVI offense as well. LHA attorneys filed a motion to suppress, and at the motion hearing, our cross-examination revealed the officer’s inexperience and non-compliance with the field sobriety testing protocol. After the motion hearing, the Magistrate found that the officer lacked probable cause to place our client under arrest, and as a result, both OVI charges were unconditionally dismissed by the prosecutor.
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