OVI -DUI  |  Free Consultation:  866.330.6030

Law Office of David C. Sheldon Case Highlights

Law Office of David C. Sheldon Case Highlights

Proven Results over 35 Year Career. Check out Our Case Highlights!

Proven Results over 35 Year Career

Personal Injury Case Highlights

Bryant v. Ohio Edison Co, et al – electrical burn injury case to 50-year-old married male; settlement of $1.3 million

Eggeman, Executor of Estate of Robert Keith Chapman v. Brinker International Inc., et al – wrongful death of 40-yr-old single male struck head-on by drunk driver; dram shop liability; $1 million settlement

Robert Greene, et al. v. USA, Dept. of Veterans Affairs – medical malpractice case; failure to diagnose colorectal cancer; 53-yr- old African American Vietnam Vet; $725,000 settlement

Tina Harrell, et al. v. Delta Management, Inc. (dba Christie’s Cabaret) – premises liability shooting case; 38-yr-old female entertainer shot inside club $425,000 settlement

Gerspacher case – client is riding motorcycle at posted limit of 50 mph when driver in Cadillac pulls out in front of him at intersection; client strikes driver’s door of Cady, is catapulted through the air, lands about 100 feet away on pavement; serious road rash and broken jaw and teeth; surgery to repair jaw; broken ankle requiring screws and plates; 8 month recovery policy limits of $250,000 tendered

Jane Doe v. John Doe Chiropractor – chiropractic malpractice case; client suffered bilateral tearing of the vertebral arteries following chiropractic spinal manipulation; client experienced small strokes from clots; parties settled for $237,500

John Doe v. Anonymous Bar; – co-counseled case with Cleveland attorney Steven Weiss; client struck head-on by drunk driver who had just left Anonymous Bar; had 16-17 beers over 2 hour period; BAC .254 at scene; Dram Shop action; client sustained several fractures and hospitalized for 2 weeks; case settled during voir dire for $185,000 (client previously settled with drunk driver for policy limits)

Contreras v. ERA Enterprises, LLC – premises liability case involving stabbing of two clients outside nightclub in parking lot settlement of $159,000

Turner v. Quisenberry – defendant driver veered into plaintiff while she was on motorcycle, causing her to be ejected; plaintiff skidded against asphalt; suffered severe road rash, bruised shoulder, stitches to upper arm, bruised left knee resulting in chondromylacia; medical expenses of $45k; lost wages of $9k; insurance company settled pre-suit for $94,000

Farage Case – 49 yr. old female driver struck on driver’s side by motorist whose vehicle slide on ice; client tore left rotator cuff; surgical repair; 3 mos. PT; med specials $26,000; settled for $75,000

Mattern Case – 46 yr. old female driver struck by motorist backing out of driveway; minivan damage $4,000; medical specials of $6,000 for soft-tissue neck and back injury; PT; 2 yrs treatment; settled for $34,505

King Case – 33 yr. old female client struck by motorist while walking in cross-walk; fractured tibia at plateau; medicals $3,100; 3 mos. healing and therapy; settled for $30,000

Bulan Case – 38 yr. old female client rear-ended by drunk-driver; minivan totaled; soft tissue injury to neck & upper back; PT for 2 mos; med bills $760; settled for $14,500

Sutton Case – mid-50s female client rear-ended; minor damage to vehicle; soft-tissue injury to neck and back; limited PT; medical specials $4,000; settled for $12,000

OVI-DUI Case Highlights

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

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

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

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)

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

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

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

State v. AI – 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

State v. ZR – Trooper stops client for speed; smells alcohol; bloodshot eyes; fails SFSTs; arrested for OVI; refuses BAC prosecutor reduces to minor misdemeanor reckless op.

State v. DZ – 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

State v. DK – Trooper stops client for marked lane violation; 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

State v. DB – 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

State v. JB – 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

State v. GG – 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

State v. JW – client stopped for marked lanes; SFSTs; OVI; .156 BAC; charge reduced to reckless op; fine and costs; terminate ALS

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

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;

State v. Comisak – client arrested for OVI; .076 BAC; SFSTs; motion to suppress filed; OVI charge dismissed; client pled to marked lane violation

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

State v. Lenart – client arrested for OVI; officer cited wrong code; client pled NC to charge; found not guilty

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

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

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

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

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

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

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.

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 the charge at state’s cost

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

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

State v. Zablocki – OVI Sobriety Checkpoint stop and arrest; client charged with OVI; motion to suppress granted; prosecutor dismissed all charges

Criminal Defense Case Highlights

State v. ET – Police stop vehicle operated by client’s girlfriend on claim that another officer saw client, who did not have a driver’s license, driving it minutes earlier; client charged with No Operator’s License Case dismissed on day of trial
State v. DB – Client charged with Menacing of pipeline workers entering on his land to inspect for pipeline install State agreed to dismiss charge after pretrial discussions; costs to State
State v. RM – Client drives off roadway on curve and goes into front yard of home; Trooper arrives and smells alcohol; client unconscious at scene; Trooper finds loaded semi-automatic in center console; later charged at hospital with OVI and Improper Handling of Weapon in Motor Vehicle (felony 4) State amends to misdemeanor CCW; client fined and forfeits weapon
State v. JS – Client allegedly attacked wife in bedroom and assaulted her; police charged him with Domestic Violence, M1; wife also files Domestic Violation Civil Protection Order in DR court; following dismissal of DVCPO State agrees to amend charge to minor misdemeanor (mm) disorderly conduct; court imposes minimal fine and costs
State v. SH – Client involved in altercation with son and family members outside in neighbor’s yard; police arrest her and charge her with 2 counts Domestic Violence and 3 counts of Assault (all misdemeanors first degree); client goes to jury trial Jury returns not guilty verdicts all charges; client discharged
State v. KS – Client charged with Felony Passing Bad Checks; client gave check to alleged victim whose car client struck in parking lot; client agreed not to have claim submitted to his insurance company and instead paid motorist by check for damage; check later bounced; victim’s claimed estimate was $1,000 more than insurance company for client eventually paid for repair State dismissed charge at client’s costs
State v. PR – Client charged with Theft from dept. store, M1 Client offered diversion program and charge to be dismissed upon completion of 6 month program
State v. JJ – Police arrest client for stabbing boyfriend with kitchen knife; boyfriend life-flighted to MetroHospital with internal nicked artery; emergency surgery performed; client charged with 2 counts Felonious Assault (2 – 8 years in prison each) State reduces to misdemeanor assault, M1; client sentenced to probation
State v. T.S. – Township police officer stops client’s co-defendants on I-71 for lane violation; police see marijuana shake and search car; police seize forged credit cards; obtain search warrant for client’s hotel room; police find more forged credit cards and equipment in hotel room; police arrest client for Forgery motion to suppress filed based on illegal stop by township officer, prosecutor dismisses indictment next day
State v. D.M. – client & wife enter vacant home for sale to look around; home burglarized previous week (copper pipes stolen) but not revealed until after client visits; police find beer bottle w/ client fingerprints; client arrested for Burglary & B & E prosecutor dismisses all charges
State v. KM – client stopped for expired sticker; upon checking, cop sees sticker is valid (just renewed that morning); roadside inquiry; client very nervous; cop gives warning, says free to go, then asks for consent to search car; consent given; search results in felony drug charge; motion to suppress filed; hearing held; court suppresses illegal arrest/detention; case dismissed
State v. RF; – client and boyfriend consume gummy bears laced with THC; allergic reaction; EMS called to house with police; police confiscate gummy bear and test; charged with poss of TCH, felony 5; case dismissed by prosecutor
State v. Candow – client charged with 4 counts of cruelty to animals (misdemeanors 2nd degree) for allegedly mistreating two dogs; dogs had conditions that were being treated by client over period of three years; dog groomer was regularly taking care of dog; no evidence of mistreatment; all charges dismissed by prosecutor
State v. Warsame – client charged w/ agg. poss. of drugs (khat), F2; facing mandatory 2 years in prison; jury trial; client found guilty of F5; sentenced to 90 days jail
State v. Bramley – client charged w/ agg. veh. assault F4 w/OVI spec; facing mandatory 1.5 yrs in prison; pled to OVI & M1 assault; sentenced to 180 days jail
State v. Potter – client charged w/ Having Weapon While Under Disability, F3; facing 3 yrs. in prison; prosecutor dismissed indictment
State v. Roth – client enters Sprint store at closing; dispute re closing time with employees; charged w/ criminal trespass; evidence presented to prosecutor favorable to client charge dismissed
State of Ohio v. Bermudez – client charged with forgery of identification card, F5; investigation showed information on card matched client’s personal info; client’s signature appeared on ID; indictment dismissed
State of Ohio v. Picknell – husband and wife charged with theft from the elderly, F3; clients ran mom and pop consignment shop; after lengthy investigation State dismissed indictment due to “lack of venue”
State of Ohio v. Ramos-Ortiz – client charged with intimidation of witness/victim, felony 3rd degree; 2 day jury trial resulted in acquittal; client discharged.
State of Ohio v. Phifer – reclassification notification case; Attorney General’s Office sought reclassification from ten year reporting requirement to lifetime reporting every ninety days; motion to terminate all registration requirements granted; court found petitioner had no duty to register in the first place
State of Ohio v. Turner – co-counsel with partner Andrew Korduba; client charged with two counts rape (Felony 1), one count kidnapping (Felony 1), two counts felonious assault (Felony 2), one count aggravated robbery (Felony 1), and one count domestic violence (M1); client faced over 56 years in prison; State dismissed all charges