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

What to Expect from a Field Sobriety Test in Ohio

Experienced Ohio OVI lawyer protects your legal rights

Everyone has legal rights even if you are pulled over by the police who suspect you are driving under the influence of alcohol or drugs. Police look for signs that you are impaired such as:

  • Your driving - Weaving from lane to lane or lane straddling or speeding
  • Interactions with police - Were you cooperative? Did your words slur? Were you able to hand over your license, insurance card and registration?

David C. Sheldon is an experienced DUI and OVI lawyer who understands Ohio laws and procedures and knows that law enforcement officers may not always enforce or follow them correctly. The Law Office of David Craig Sheldon builds a strong case to fight your OVI offenses.

Ohio field sobriety tests

Police officers use field sobriety tests to establish probable cause or valid suspicion to arrest you for an OVI. You can fail the three following standardized field sobriety tests developed by the National Highway Traffic Safety Administration (NHTSA) for reasons other than your sobriety:

  • Horizontal Gaze Nystagmus (HGN test) - Driver follows a moving object with eyes without moving head. The police officer looks for involuntary movement or jerking of the eyes, which can be caused by the officer if the test is not done correctly. The movement may also be caused by environmental factors on the roadside, medications or medical conditions.
  • The walk-and-turn - Driver takes nine steps in a straight line with feet aligned from heel to toe. Then the driver is told to turn and repeat. The police officer must give the instructions with demonstrations. If anything is missed, the driver can fail this test. The physical or medical condition of the driver can cause them to fail.
  • The one leg stand - Driver keeps arms at sides and stands on one foot with the other foot raised up a few inches. The driver can fail if the officer does not give the directions correctly or if the test is not scored correctly. In addition, the weather, road surface conditions or physical condition of the driver can affect the test results.
  • You can refuse testing - Ohio law gives you the right to refuse to submit to any field sobriety testing but there are consequences. It is important to consult with an OVI lawyer from our firm so you can make informed decisions and know your rights.

Tests not administered in substantial compliance with the NHTSA guidelines cannot be used as probable cause to arrest you or as evidence against you at trial. Any deviation can lead to invalid results and Ohio OVI lawyer David C. Sheldon evaluates the officer’s instruction, administration, evaluation and scoring to find any mistakes.

Exploiting mistakes made by police in administering field sobriety tests

If you have failed a field sobriety test and have been arrested, 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.