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Allegation: OVI with a Breath Test Over the Legal Limit
Result: Charges Dismissed

Attorney Brian Jones drafted, filed and litigated a motion to suppress evidence. Through cross-examination of the arresting officer, Mr. Jones educated the court on the Client’s demeanor during the stop, that the basis for the stop was largely untrue and that his administration of the field sobriety tests failed to meet the standards required by law. More specifically, Mr. Jones was able to demonstrate how the administration of the Horizontal Gaze Nystagmus test, while the Client was seated in the officer’s cruiser, was ineffective and fell below the standards required by Ohio law and the National Highway Traffic Safety Administration’s guidelines. Having successfully excluded the HGN, the Court found, based on Mr. Jones’s argument the officer lacked probable cause to arrest the Client and then excluded the breath test. Without field sobriety tests or a breath test, the prosecutor was left with no option but to dismiss the charge. He attempted to appeal but missed the deadline. The prosecutor then attempted to extend the deadline by seeking a new Order Suppressing the Evidence, but Mr. Jones convinced the Court that the original order was proper and the prosecutor was simply trying to make up for his mistake in missing the deadline.