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OVI Arrest Found To Be Without Probable Cause, Urine Results Suppressed From Evidence

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.  Mr. Sabol filed a motion to suppress, and at the motion hearing, Mr. Sabol’s cross-examination revealed the officer’s inexperience and non-compliance with 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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