OVI / DUI
A client was charged with an OVI/DUI with a blood draw. Unfortunately,
there was an accident which involved a telephone pole. Mr. DiCaudo successfully
argued at the suppression hearing that his client's statutory rights
had been violated because they did not file the Ohio Administrative Code
in substantial compliance.
The blood draw was thrown out.
The Prosecutor's Office was willing to reduce the charge to reckless
operation and the client was requested to pay a fine and court costs.
This would have been the clients 3
rd OVI/DUI in four years.