NCDD National College for DUI Defense: David Craig Sheldon

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Case Highlights
OVI - DUI Cases
State v. ES - Medina Township Officer pulls over client for driving over and across white fog line; smells odor of alcohol; client admits to drinking 3-4 Rolling Rocks over 3 hours; Standardized Field Sobriety Tests; arrested and charged with OVI; blows .083 BAC; client's pharmacologist expert testifies at hearing that machine gave false reading due to client's diabetes (increasing BAC reading) and unreliable blow due to extended length of blow (32 seconds) State agrees to dismiss OVI in exchange for marked lanes violation (mm) and client attend 3 day school - 2016
State v. MK - Berea PD responds to crash scene; client rear-ended another vehicle; drugs found outside client's vehicle on ground in pill vial; Standardized Field Sobriety Tests; client lies about knowledge of drugs; client arrested & charged w/ Obstruction of Official Business (M2), Poss of Drugs M1, OVI & OVI refusal w/ prior in 6 years; ACDA; Fail to Control State dismisses all charges except two minor misdemeanors; fines and costs assessed - 2016
State v. JG - OSHP Trooper stops car for speeding; Standardized Field Sobriety Tests; strong odor of alcohol; bloodshot eyes; arrested for OVI; refuses breath test Reduced to reckless op (minor misdemeanor); fines and costs assessed - 2016
State v. CS - OSHP Trooper stops client for speeding; smells marijuana; searches car and client; none found; Standardized Field Sobriety Tests; arrested and charged w/ OVI marijuana; positive urine test for marijuana over prohibited amount; motion to suppress granted State dismisses OVI; client pleads to speeding (Minor Misdemeanor) - 2016
State v. RC - Officer claims client almost struck him head-on going opposite direction; odor of alcohol at scene; client refuses to do SFSFs at scene; taken to OSHP Post; Standardized Field Sobriety Tests done; refuses BAC; charged w/ OVI and marked lanes violation State agrees to dismiss OVI for plea to marked lanes & 3 day Driver Intervention Program - 2016
State v. SL - Officer follows client for 3.5 miles thru winding development & several turns before pulling him over for no turn signal; client admits to drinking 2-3 beers; Standardized Field Sobriety Tests; .087 BAC Jury trial; found not guilty and discharged - 2016
State v. FB - Officer stops client for burned out taillight; officer. smells strong odor of alcohol, client admits to 3 drinks; client refuses field sobriety tests & BAC; charged w/ OVI & OVI w/ prior refusal in 20, equipment violation; State dismisses OVIs; client pleads to equipment violation & does 3 day Driver Intervention Program - 2016
State v. A.I. - Police stop client for OVI; search car and seize handguns; client arrested for Felony 4 Improper Handling of Firearms in Motor Vehicle prosecutor reduces to misdemeanor. Carry Concealed Weapons; guns forfeited; client receives probation - 2015
State v. Z.R. - Trooper stops client for speed; smells alcohol; bloodshot eyes; fails SFSTs; arrested for OVI; refuses BAC prosecutor reduces to minor misdemeanor reckless op. - 2015
State v. D.Z. - client stops and picks up drunk lying in middle of road; returns him to party; passerby calls 911; Seville officer stops client based on 911 call; smells alcohol; bloodshot eyes; fails SFSTs; arrested for OVI tests over .08; motion to suppress filed; motion granted; State dismisses OVI - 2015
State v. D.K. - .; Trooper stops client for marked lane viol.; smells alcohol; bloodshot eyes; fails SFSTs; BAC over .08; arrested for OVI; motion to suppress filed State dismisses OVI; client pleads to marked lanes & agrees to 3 day Driver Intervention Program - 2015
State v. D.B - Trooper finds car in ditch on New Year's morning; no one inside; runs plate; obtains physical description of client and puts out Be On the Looking Out via dispatch; sheriff finds client 1.5 miles away walking alongside Rte. 18; takes into custody; sheriff smells alcohol, speech slurred; client refuses FSTs; arrested for OVI with prior with in 6 yrs. & refusal motion to suppress filed; prosecutor dismisses OVI; client pleads to hit/skip - 2015
State v. J.B. - client backs car up on side street and pulls back into bar parking lot; Hinckley officer stops him in lot; smells alcohol; client's wife had been drinking; client denies alcohol consumption; fails FSTs; tests under .08; arrested for OVI motion to suppress filed; court grants motion; OVI pending dismissal - 2015
State v. G.G - client found behind wheel stopped in right lane on I-271; Trooper thinks client is drunk; fails SFSTs; arrested for OVI with prior in 20 w/refusal; medical records show client with history of seizures OVI dismissed; pleads to minor misdemeanor slow speed - 2015
State v. JW - client stopped for marked lanes; SFSTs; OVI; .156 BAC; charge reduced to reckless op; fine and costs; terminate ALS - 2014
State v. LS - OSHP traffic stop at construction site on state route; HGN 6/6; 65 year old male; odor of alcohol; .076 BAC; OVI dismissed; client pleads NC to lane violation - 2014
State v. NF - client stopped for no license plate light; odor of alcohol; removed from car for SFSTs; refused BAC; motion to suppress filed; state dismisses OVI; client pleads NC to equip. violation; - 2014
State v. Comisak - client arrested for OVI; .076 BAC; SFSTs; motion to suppress filed; OVI charge dismissed; client pled to marked lane violation - 2013
State v. Bolender - OSHP arrests client for OVI; 6/6 HGN; refused SFSTs; motion to suppress filed; OVI charge dismissed; client pled to marked lane violation - 2013
State v. Lenart - client arrested for OVI; officer cited wrong code; client pled NC to charge; found not guilty - 2013
State v. John Doe - client stopped for marked lane violation; Medina officer smells alcohol; client admits to drinking earlier; SFSTs done improperly; client arrested for OVI; refuses BAC; motion to suppress filed state dismisses OVI in exchange for NC plea to marked lane violation - 2012
State v. Nemcek - deputy sheriff stops client for "suspicious vehicle;" odor of alcohol; admission to consumption; SFSTs; client arrested for OVI; client refuses BAC test; motion to suppress filed; court grants motion to suppress OVI charge dismissed - 2012
State v. Butler - Montville officer stops client for running stop sign; smells marijuana; searches car and finds pot; SFSTs administered; client does poorly; blood drawn; positive result; client arrested for OVI/BAC; motion to suppress filed; court grants motion all charges dismissed - 2012
State v. Prochko - state trooper stops client for no turn signal; smells alcohol; client admits to two drinks; performs SFSTs; client arrested for OVI; BAC .104; motion to suppress filed; court orders SFSTs suppressed and BAC state dismisses OVI; client pleads NC to no turn signal - 2012
State v. Nameth - client calls 911 while sitting in car in driveway to report abusive husband; deputy arrives and performs HGN on her while sitting in vehicle with engine running; observes 6/6 clues; arrests client for OVI; motion to suppress granted; State dismisses complaint - 2012
State v. Clark - Trooper stops client for speeding; smells alcohol and observes bloodshot glassy eyes; performs field sobriety tests; Trooper also smells marijuana; arrests client for OVI; client blows .046 BAC; client refuses urine sample; motion to suppress filed State agrees to dismiss OVI in exchange for plea of no contest to speed - 2012
State v. Bauer - Client involved in one-car accident on curvy road; OSHP Trooper arrives; performs HGN; 6/6 clues; arrested for OVI; blood taken at hospital; motion to suppress filed re test results; prosecution unable to prove compliance testing; OVI charge dismissed; client pleads NC to minor misdemeanor failure to control. - 2011
State v. Archer - township police respond to noise complaint at night; police enter client's enclosed backyard; knock on door to wooden shed, enter without consent; seize evidence allegedly in plain view; client charged with misdemeanor offense; motion to suppress filed; prosecutor agrees to dismiss charge at state's cost - 2010
State of Ohio v. Andrukat - client charged with OVI/OVI BAC; improper high beams; motion to suppress granted; State dismissed OVI charges; client pled to minor misdemeanor high beam traffic offense - 2010
State of Ohio v. Ovall - co-counseled case with Attorney William LeFaiver; client charged with OVI/OVI BAC .222gr/dl; marked lanes; motion to suppress granted; State dismissed OVI charges; client pled NC to marked lanes minor misdemeanor traffic violation - 2010
State v. Zablocki - OVI Sobriety Checkpoint stop and arrest; client charged with OVI; motion to suppress granted; prosecutor dismissed all charges - 2010

Consequences of an OVI in Ohio Are Some of the Toughest in the Nation

What is at stake if you are convicted for an OVI in Cuyahoga County?

According to Ohio OVI laws, penalties following conviction increase in severity with repeat offenses. You can be arrested for an OVI if you are driving a motor vehicle and over-the-limit levels of alcohol or drugs can be detected in your system. A first time offense brings:

  • Mandatory minimum 3 days in jail or attendance for three days at an approved driver intervention program
  • Fines between $375 and $1,075
  • 6 points assessed to driving record
  • Possible impounding of license plates
  • Possible immobilization or seizure of vehicle
  • Restricted license plates
  • Mandatory license suspension of 6 months to 3 years

The Law Office of David Craig Sheldon takes your charges seriously and understands a conviction can have a big impact on your life, compromising your reputation, driving privileges and career. It can cost you the following:

  • License suspension 1 year minimum (max 3 years)
  • No driving privileges for a minimum of 15 days
  • Mandatory fines from $375 to $10,000
  • Six points on your license
  • Permanent placement on your driving record that cannot be expunged
  • Loss of employment
  • Loss of your freedom meaning jail
  • Participation in driver intervention programs or driver improvement courses
  • Time on probation
  • Having restricted plates on your car
  • Having interlock devices on your car
  • Payment of reinstatement fees
  • Mandatory treatment programs
  • Losing or not being able to use your car
  • Being under electronically monitored house arrest (EMHA)
  • Being subject to continuous alcohol monitoring (CAM)

Changes based on Annie’s Law, effective 4/6/2017

  • License suspension  is now increased from 6 months to 1 year minimum (max 3 years)
  • Optional ignition interlock device during license suspension with unlimited driving privileges (anywhere you want to go); if you elect this option, the court may reduce your license suspension by one half of the suspension (O.R.C. 4510.022)
  • The court will suspend any mandatory jail time imposed for the OVI offense if you elect the ignition interlock option as long as you do not test positive for alcohol [O.R.C. 4511.19(G)(1)(a)(i)]
  • Positive test using ignition interlock device or tampering of device will result in imposition of suspended jail sentence; you have right to appeal the notice of violation of ignition interlock within 14 days of being notified; [O.R.C. 4510.46(C)(6)]
  • Upon violation of the ignition interlock device, the court may order continuous alcohol monitoring (CAM), double the length of the license suspension, or increase the suspension by sixty days if the violation occurs within the last sixty days of the license suspension (O.R.C. 4510.46)
  • If you elect ignition interlock device, you will be required to obtain an “ignition interlock” driver’s license which lists the restriction; if you drive without your restricted license, it is a new charge, a misdemeanor of the first degree, carrying mandatory jail time of three days (O.R.C. 4510.13(F)(3)(a) & 4510.14)
  • Lookback period for prior OVI offenses is increased from 6 years to 10 years

 

In addition to all the consequences listed above, insurance coverage is required to get your driver's license back. Insurance companies may drop you if you are arrested for drunk driving. If your insurance company continues to cover you or if you have to find a new one, it is likely that you will face high insurance rates.

Put a former prosecutor to work building an aggressive defense on your behalf

David C. Sheldon, an OVI lawyer in Medina has built a reputation for successfully representing people in DUI and OVI cases. As a former prosecutor, this experience enables Attorney Sheldon to know Ohio DUI and OVI law and the strategies the opposition will use against you. We are ready to counsel you on your legal options, prepare a strong defense for your charge and navigate you through the OVI legal process.

Defending people accused of DUI and OVI in Ohio

We can help you understand the consequences if you have been charged or arrested for an OVI. Call The Law Office of David Craig Sheldon at 330.723.8788 or contact the firm online to schedule your free initial consultation today. On any DUI or OVI matter, we are available 24 hours a day, 7 days a week.