Case Results

State of Ohio vs. D.A.

Client was alleged to have crashed his vehicle into a light pole and left the scene. The vehicle came to a stop approximately 300 yards north of the accident scene. The police responded and did not perform a proper investigation. Instead the arresting officer made several assumptions without proof. During trial Mr. Suhre cross-examined an officer who was on scene and he admitted that he did not believe his fellow officer had enough evidence to arrest the defendant. The jury returned a not guilty verdict on all counts.

Comm. v. Bill Lapasnick

Mr. Lapasnick was driving home during the evening time when it was foggy and misty out. He made an incorrect turn and travelled for about 1 mile in the wrong direction on a divided highway. He self corrected and pulled into a neighborhood to wipe down the interior of his car which had fogged up. An off-duty police officer detained Mr. Lapasnick until on duty officers could respond. Mr. Lapasnick was not intoxicated but was arrested anyway. He was a commercial license hold as well as a US Army veteran. After a jury trial, he was found not guilty of DUI. He came in and did a two-part podcast with us which can be seen here: Lapasnick Video

St. v. D.S. (S&A 7722)

3/6 OVI and driving under suspension. Case involved an anonymous tipster and an officer that would up not being available to testify at a motion to suppress evidence hearing. The case was dismissed in its entirety with prejudice. –Clermont County Muni 6/2016.

8906- Commonwealth v M.W.

Not Guilty at Jury Trail. Gallatin County, KY multi car crash on the highway and allegation of driving under the influence of Adderall, failure to surrender revoked license, and possession of legend drug. Possession of legend drug dismissed before trial, empty pill bottles suppressed with motion in limine, and failure to surrender revoked license amended to no license on person $25 fine prior to trial.

Stave v. H.B. (S&A file 2342)

Client was approached by police after parking his vehicle in his driveway. The police said they observed him driving with something dragging under car and sparking. Client was charged with DUI. The Judge issued a written decision granting a motion to suppress evidence holding no reasonable grounds for the arrest existed.

State v. R.B. (S&A file 2194)

Client was cited for DUI and speeding and placed under an Administrative License Suspension or ALS. When we appeared at his arraignment there was no charges filed and no opportunity to have a five day hearing as required by law. A motion to dismiss was filed for failure by the state to grant him a 5 day hearing on his BMV Administrative License Suspension amounting to a violation of his right to due process. Motion granted and all charges were dismissed after a hearing.

State v M.D. (S&A file 2226)

Three charges of DUI, three charges of driving under suspension, and two counts of driving under DUI suspension in about four weeks in two separate counties. In one jurisdiction after successful pretrial negotiation we pled to two DUI charges and the rest of the charges were dismissed. Client served a minimum 3 days in a driver’s intervention program (DIP) and 3 days in jail avoiding exposure to two and a half years in jail on the charges that were dismissed. In the other jurisdiction the client was charged with DUI and driving under a DUI suspension facing a maximum sentence of 1 year in jail. After negotiating the case with the Prosecutor and Judge, the client pled to the charges and only received 3 days in DIP and 10 days in jail. The total jail time exposure was three and a half years in jail and she only did 6 days DIP and 10 days jail.

State v J.W. (S&A file 2262)

Client was the subject of several 911 calls that alleged he was driving on the wrong side of the highway weaving at oncoming cars. Client was found in his car driving in a field. The driver’s side of the car had fresh vehicle damage and broken out windows. He was asked to exit the car and alleged to have lunged at offices. He was tazed and charged with DUI and resisting arrest. No plea offers were made by the state. After obtaining his medical records, EMS records, and hospital records, a motion to suppress was filed. A motion to dismiss was also filed after all the police videos were destroyed after a motion to preserve was filed. The state offered and the client accepted a plea to the amended charges of reckless operation and obstructing official business. He served 3 days in a driver intervention program and no jail time.

St. v. D.S. (S&A 7722)

3/6 OVI and driving under suspension. Case involved an anonymous tipster and an officer that would up not being available to testify at a motion to suppress evidence hearing. The case was dismissed in its entirety with prejudice. –Clermont County Muni 6/2016.

8906- Commonwealth v Michael Webb

Not Guilty at Jury Trail. Gallatin County, KY multi car crash on the highway and allegation of driving under the influence of Adderall, failure to surrender revoked license, and possession of legend drug. Possession of legend drug dismissed before trial, empty pill bottles suppressed with motion in limine, and failure to surrender revoked license amended to no license on person $25 fine prior to trial. Not Guilty of Being Under The Influence Verdict.