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Case Results

  • OVI / DUI with a blood draw
    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.
  • 10th OVI in 20 years
    OVI / DUI
    Represented a client who had a long battle with alcoholism and was charged with his tenth OVI in 20 years . The client was charged with a felony which if convicted would have had dire consequences for his employment situation. Mr. DiCaudo agreed to take the case and immediately began investigating whether the officers had strictly adhered to the necessary protocol that the law requires. After a thorough investigation it was determined that the officers had done everything appropriately and the strategy for the case would be to attempt to convince the Judge that his client was able to be rehabilitated. Mr. DiCaudo requested that his client check himself in to a rehabilitation program and voluntary forfeit access to his vehicle. He also delayed any sentencing for 6 months to allow his client enough time to show the Court his rehabilitation. At sentencing the Judge agreed to allow the client to plead to misdemeanor and continue on with his treatment. This inevitably saved the client his job and kept him out of prison.
  • Physical Control
    OVI / DUI
    Represented a local well known farmer was charged with a physical control for being intoxicated while sitting in his truck on his own property. Tom DiCaudo successfully argued to the State that the police officers did not have a search warrant to enter the property and arrest his client and therefore the case should be dismissed. The State after much protestation agreed and dismissed it on the eve of trial .
  • OVI
    OVI / DUI
    Represented a student studying medicine who was charged with an OVI in Summit County. He submitted to the breathalyzer and the test results were .212 BAC . This is considered a high blow under Ohio law which carries with it enhanced penalties. Mr. DiCaudo successfully argued that his client was in jeopardy of losing his scholarship and chances of becoming a medical doctor. The State agreed that if the client attended one AA class a week for 6 months they would dismiss the prohibited breath content and dismiss the OVI. The client eventually pled no contest to a physical control with no additional penalties.
  • OVI
    OVI / DUI
    Represented a client charged with an OVI in Summit County. The client refused to submit to a breathalyzer test . Mr. DiCaudo filed a motion to suppress arguing that the police did not have probable cause to arrest his client because he substantially performed the field sobriety tests. Prior to conducting the full hearing the State offered his client a reckless operation with any OVI penalties. The outcome saved Mr. DiCaudo's client his job.
  • 2nd DUI / OVI
    OVI / DUI
    Represented a client who was charged with his second DUI / OVI in 6 years. He was an electrical engineer and was concerned about losing his job. Unable to convince the prosecutor to dismiss the case or reduce the charges we were forced to go to trial. After a two day trial the jury returned a "not guilty" verdict . The jury believed that the state failed to prove that he was under the influence and did not like the heavy handed approach of the police officer.