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A young man found himself handcuffed in the back of a trooper’s cruiser late one night recently on suspicion of OVI. While this isn’t an uncommon scenario on Ohio’s roads, it was unusual for this gentleman. At 22, he was working two jobs while attending college as a criminal justice major. Everything he had worked for was in jeopardy. An OVI conviction for someone going into the criminal justice field can be ruinous.
That’s when he had to ask the officer to stop the cruiser so he could vomit. He again vomited when they arrived at the post. The trooper then made a costly mistake. He asked our client to go to the bathroom to clean himself up. The trooper then immediately offered our young client a breath test. He blew almost a .14.
The young man contacted Attorney Chase Mallory and discussed what had happened and the collateral consequences an OVI conviction may have. Having confidence in our firm, he retained us to defend the charges in hopes of keeping the OVI off his record.
Chase Mallory filed motions challenging the breath test results and license suspension after picking up on the trooper’s mistake. In Ohio, defendants must be observed for 20 minutes prior to taking a breath test to ensure the mouth is free from anything that could compromise a breath test. The trooper’s mistake would have resulted in a suppressed breath test.
In addition, there were several 4th Amendment arguments that were enough for Mr. Mallory to quickly negotiate a plea to a physical control violation with merely a $100 fine. Our client walked away without an OVI and only a nominal fine.
Prior results do not guarantee a similar outcome in your case. Individual results may vary based on the facts, injuries, jurisdiction, venue, witnesses, parties, and other factors. The results and client testimonials provided are not necessarily representative of the results obtained by all clients or their satisfaction with the firm’s services.