Actual Case Results

If you think your DUI case is a “no-win” situation….think again.

Take a look at some of our actual case results below.

Client involved in a single car accident where he lost control and rolled his car down a hill. He fought with the police at the scene of the crash. He was transported by life squad to the hospital where a blood test revealed he was three time the legal limit. He fought with the hospital staff and the police had to be called back to the hospital. After fully investigating the case, we discovered several weaknesses and errors that would not have been found if the case was not thoroughly investigated. After a motion to suppress and trial, the client was acquitted of the DUI charge

Client involved in a single car auto accident into a tree. The car sustained severe damage. Client was uncooperative with the police and was verbally abusive towards them. Client was also verbally abusive towards the lifesquad personnel. Client had an alleged blood alcohol level of .224. Medical records from the hospital were highly unfavorable to the defense. After a motion to suppress evidence and a trial, the client was acquitted of the DUI charge

Client was the passenger in a car when her brother was arrested for DUI. Client was under 21 and had been drinking. The police took client home. Several hours later, she drove to the police department to pick her brother up after he was processed for DUI. Client was pulled over by the same officer who had arrested her brother. She took a breath test and because she was under 21, her breath test result was over 6 times the legal limit. After a motion to suppress hearing, the court dismissed all charges. The State of Ohio appealed the case. I also represented the client on appeal. The decision of the trial court was affirmed – all charges were dismissed, including the DUI

Client was stopped by the police after being involved in a hit and run accident. Client was arrested for driving under suspension, hit and run, failing to maintain assured clear distance ahead, and Felony DUI. The case was investigated and it was determined that evidence that had been requested was not properly preserved. I filed a motion to dismiss the felony DUI charge. The court granted the motion and dismissed the felony DUI. The State of Ohio appealed the decision. After the state’s appellate attorney reviewed the transcripts of the hearings, he called to inform me that the State of Ohio would be voluntarily dismissing the appeal and agreeing to the dismissal.

Client was at a Halloween party at a bar. He left the bar parking lot at an excessive rate of speed trying to catch up to another vehicle. A police officer saw him and began to pursue him. The client crashed his vehicle knocked over a street sign and dislodged the wheel from his car on the curb. The client submitted to field sobriety tests at the scene. The police officer arrested the client for DUI and took him to another agencies police station for a breath test. There was a factual dispute as to which officer administered the breath test and the surveillance video that depicted client at the police station was not preserved. I filed a motion to dismiss which, after several evidentiary hearings, the trial judge granted. The State of Ohio appealed. I represented the client in the Court of Appeals. The Appeals Court upheld the trial court’s decision by unanimously holding that the failure to preserve the surveillance video violated the client’s rights and all charges were dismissed, including the DUI. Multiple defense attorneys have contacted me to review their cases and to provide them advice on how to handle them in light of the decision by the Court of Appeals

Client rear ended a car at a red light. The police responded and detected an odor of alcohol and red eyes. They asked the client to perform field sobriety tests. The client took them and did not do well. The police arrested client and took her to the police station. There she submitted to a breath test and was a .12. After obtaining the evidence, including the 911 call reporting the accident, we were able to determine that the breath test was taken more than two hours after the 911 call. Because of this, the breath test was deemed inadmissible. The prosecutor offered to reduce the charge to a careless driving and AI, both violations under Kentucky law. The client paid a $200 fine and avoided any driving suspension and was not convicted of DUI.

Client was stopped for weaving. He was ordered out of the car by the State Trooper. After failing to follow the troopers orders, the client was tased. The client pulled the taser probes out of his chest and ran from the scene. He was subsequently charged with resisting arrest and DUI as well as a probation violation (he was on probation for DUI). After a motion and trial, the resisting arrest charge was amended to obstructing official business and the client was found not guilty of DUI. He was sentenced to 10 days in jail which was converted to a work detail. His probation on the prior case was terminated.

Client charged with public alcohol intoxication after running from a cab without paying the fare and then running from police. Client was prescreened and admitted into diversion without ever appearing in court. Client had to complete 8 hours of community service and take an alcohol education class online. His charge was dismissed and 60 days later, expunged from his record permanently.

Client struck a parked car. Police were notified and responded to the scene. After taking and failing the field sobriety tests, the client was arrested. He was taken back to the police station and blew over a .12. The prosecutor was contacted and we were able to negotiate a reduction of the client’s charge to a reckless driving.

Stave v. Boston (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. Brown (S&A file 2282)
Client was cited for DUI after being found passed out in a fast food drive thru late at night. The police failed to appear over three times for a hearing on the motion to suppress hearing and a hearing on the appeal of the administrative license suspension. The charges were dismissed.

State v. Bhoolai (S&A file 2194)
Client was cited for DUI and speeding and placed under an administrative license suspension. A motion to dismiss was filed. Motion granted and all charges were dismissed after a hearing.

Here are some more:

State v. Smith (S&A file 2281)
Client was charged with a speeding ticket in commercial vehicle. Alleged to be 64/55 no points violation, but was going to cause suspension from his work by his employer. Negotiated with the prosecutor to amend to 59/55 to avoid the suspension.

State v. McIntosh (S&A file 2346)
Speeding ticket by airplane. Set for trial. Case dismissed for want of prosecution.

State v Durkin (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. Freeman (S&A file 2170)
Client charged with aggravated menacing. All charges dismissed.

State v Wendling (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.

State v Schewene (S&A file 2352)
Client charged with possession with intent to use a crack pipe. Charges were dismissed after case evaluation and negotiation with the prosecutor.

In Re Duwel (S&A file 2358)
Client sued personally in common pleas court for over $30,000 in corporate debt. The Plaintiff alleged that she signed a personal guarantee for the corporate credit card. Client maintained that she did not. After discovery was complete, the Plaintiffs were never able to produce the signed personal guarantee. Case dismissed for a $1000 settlement paid to Plaintiff.

State v Shaver (S&A file 2374)
Client charged with domestic violence. Case dismissed after the police and private witnesses were not present in court for non-jury trial twice.

Dipzinski v OH BMV (S&A file 2441)
Client was unable to renew his Ohio driver’s license because he was under an indefinite suspension for having two DUI convictions in 7 years in another state. A petition was filed to allow him to get his Ohio license back under ORC 4507.08D5 notwithstanding the status of his license in the other state. The petition was granted and his Ohio license was restored.

State v Williams (S&A file 2461)
Client was charged with a 3rd DUI in 6 years and a high-tier breath test of 0.175. He was also driving on a suspended license. He was facing a minimum 60 days in jail and a maximum of 1.5 years in jail. After discussing the issues of the case with the Prosecutor and Judge in chambers, the client entered a plea and was sentenced to only 30 days in jail and 110 days on house arrest. We were also able to schedule the days after the first of the year so that he could accumulate enough vacation time to avoid losing his job.

State v. Wilkerson (S&A file 2471)
Client was charged with operating a motorcycle without a license and DUI. His breath test was over 0.120 and the Prosecutor would not offer any reduction. After diligent evidence gathering and evaluation a motion to suppress evidence was filed. At the hearing on the motion the Prosecutor and Judge reviewed the issues presented. The Prosecutor withdrew his denial of a plea and offered a reduction to reckless operation with a minimum sentence and a plea to no operator’s license.

State v. Williams (S&A file 2481)
Client was charged with DUI and child endangering. At the motion to suppress hearing the officer was unavailable. The charges were dismissed by the prosecutor.

State v. VanGundy (S&A file 2496)
Client was charge with an auto accident and DUI with a breath test. Breath test dismissed after the motion to suppress evidence hearing because the defense was able to establish that the state could not prove the test was taken within 3 hours of operation of the vehicle. The written decision of the Judge also cited to the unreliability of the arresting officer and disturbing timeline in the case after she changed her story several times on cross examination by the defense.

State v. Grubb (S&A 2500)
Client charged with DUI and felony drug possession and paraphernalia. After negotiation with the prosecutor there was an offer to amend the DUI to reckless operation and amend the felony drug charges to misdemeanor drug charges. Client’s main objective was to avoid all drug charges. We were able to further negotiate to meet the client’s objective by entering a plea to the DUI and having all drug charges dismissed.

State v. Odel (S&A 2507)
Client charged with DUI and a breath test of 0.121. She had a prior DUI charge reduced to reckless operation within the last five years. The prosecutor was not willing to reduce another DUI. The judge and prosecutor reviewed the issues to be presented by the defense at the hearing. Based on that, the prosecutor and judge were willing to offer a reduction to reckless operation on this case.

State v. Daughtery-Frank (S&A 2517)
Client was charged with DUI and an auto accident. Defense counsel was able to establish that the client’s medical condition was mistaken for intoxication. The DUI was dismissed.

State v. Kissell (S&A 2558)
Client hired a lawyer that was able to have his DUI dismissed. However, the 2 year BMV administrative license suspension (ALS) was still in effect. He asked his former lawyer about it and was told there was nothing to be done. He hired a second lawyer who told him there was also nothing he could do. Twelve months later, I was able to get the case file from the court, evaluate the case, and have a hearing on the ALS appeal. Appeal granted. ALS terminated retroactive to the date of the offense and the reinstatement fee was waiver for good cause shown.

State v. Smith (S&A 2962)
Client charged with a 3rd DUI in 6 years with a refusal of the breath test. The jail time on this offense is 60 days up to 1 year. Her vehicle was also subject to forfeiture. The fine could have been $850-$2750 and a license suspension from 2-10 years. Initially, there was no reduction of the charges at the pretrial. At the hearing on the motion to suppress evidence the issues presented convinced the prosecutor and judge to allow the client to enter a plea to a DUI second offense with an agreed sentence of 5 days in jail, 18 days house arrest with 18 days credited for time served in voluntary inpatient treatment, a $525 fine and a 1 year license suspension with plates and interlock, a sentence not terrible more severe than the sentence on her first offense.

State v. Postolski (S&A 3049)
Client charged with speeding 54 in a 35 mph zone and a DUI and a blood test of 0.210 BAC. He hired a lawyer that was unable to get the prosecutor to agree to any reduction of the charge. He was not satisfied with his lawyer and retained Suhre and Associates, LLC. We were able to gather his medical records and convince the prosecutor to offer to amend the DUI to reckless operation with a minimum sentence.

State v. Jones (S&A 3050)
Client was arrested on a warrant for assault and locked up in jail on a Friday night before 10pm. We were able to appear in the arraignment room on Saturday morning at 9am and present favorable bond factors that she was released on an own recognizance (OR) bond. After gathering the evidence and evaluating the case the charges were ultimately dismissed for want of prosecution.

Truck driver with 2 OVI’s within a week of each other. One low tier; one refusal
– both reduced to physical control and no loss of CDL

Underage OVI 2nd in 6 years. Low tier with a crash
– Reduced to 1st in time, 3 days DIP and minimums fines and driver’s license suspension.

Hamilton County Refusal:
– reduced to reckless operation

Franklin County, .141 breath test
– reduced to reckless operation

Clermont County, underage OVI .082 test
– reduced to reckless operation

Warren County, underage OVI .098 test
– reduced to physical control

Hamilton County OVI, Massachusetts resident, refusal
– reduced to reckless operation

Lebanon Municipal Court, 2nd in time .250 test.
– reduced to 1st in time with minimum sentence

Maineville Mayor’s Court, .168 urine test
– reduced to reckless operation

Hamilton County, OVI refusal after high speed and taken out of car at gunpoint.
– reduced to reckless operation

Clermont County, underage OVI .128 test
– reduced to reckless operation

Middletown Municipal Court, 1st in time OVI .165
– reduced to reckless operation

Butler County, 8th overall, 3rd in time .141 OVI
– reduced to 1st in time OVI with minimum sentence

Hamilton County, .368 test, 3rd in time with crash into school bus
– reduced to 2nd in time with minimum sentence and NO jail!

State v Burt (S&A 3159) DUI 0.161 Blood Alcohol Content (BAC) test and a single car auto accident. All the necessary police officers failed to show up twice for a hearing on the motion to suppress. There were no deals offered because of the test result and accident initially at the pretrial. At the second motion hearing where some of the officers failed to show, the prosecutor offered a reduction to reckless operation which the client accepted. The sentence was 3 days in the DIP program, $250 fine, 6 months on probation, and a 6 month license suspension.

State v Saccucci (S&A 3199) 18 year old female charged with DUI 0.146 test, underage consumption, and a marked lanes violation. The legal limit for someone under 21 to consume alcohol and drive is 0.02 BAC. The adult level is 0.08 BAC. There was no offer of a reduction from DUI at pretrial. Counseled client in aggressive pretrial mitigation and treatment tactics. Based on the results of my recommendations and in further negotiations with the prosecutor, judge, and police officer at the hearing on the motion to suppress hearing, I was able to get the prosecutor to amend the DUI to reckless operation and dismiss the rest of the charges. She was sentenced to 3 days in the DIP program and a $500 fine. Issued driving privileges and put on 2 years of non-reporting probation.

DUI Case

A Relieved Client

“I went to court thinking I would just get driving privileges and still be under suspension for some time. Rob was able to get the entire ALS suspension waived and most of the court fees waived as well. Was placed under 6 months probation, couldnt have asked for a better outcome. Rob did a phenomenal job. He is very knowledgeable and accessible, and I would recommend him to anyone.”

DUI Case

A Grateful Client

“Rob is very knowledgeable in his area. His expertise and advice were unsurpassed. I not only had extreme confidence in Rob’s ability but was able to put my mind at ease while we went through this process. Rob was able to work with the prosecuting attorney and then get agreement from the Judge to dismiss several charges and plead to a 1st DUI. I cannot express the gratitude I have for Rob. I realize that he is being paid for his service, but his attitude is like none I’ve experienced when dealing with an attorney for this type of matter. He was not judgmental but caring.”