Underage Alcohol Charges in Ohio

In Ohio, law enforcement and courts take underage alcohol possession and consumption very seriously. As experienced criminal defense attorneys, we have successfully defended numerous clients facing these charges. It is essential to understand the specific nature of these offenses to mount an effective defense.

Common Underage Alcohol Charges

Under Ohio law, individuals under 21 may face several alcohol-related charges:

Underage Possession (Ohio Revised Code § 4301.69(E)) - This statute prohibits individuals under 21 from possessing or consuming any beer or intoxicating liquor in public or private spaces. Even the mere presence of alcohol within your immediate control can be considered possession.

Underage Purchase (Ohio Revised Code § 4301.63) - It is illegal for anyone under 21 to purchase beer or intoxicating liquor, or even to order, pay for, or share in the cost of such beverages.

False Identification (Ohio Revised Code § 4301.634) - Using or possessing a fake ID to purchase alcohol carries additional penalties beyond the alcohol charge itself.

Elements of the Offense

To secure a conviction for underage alcohol possession or consumption, prosecutors must prove beyond a reasonable doubt that:

Each element of the offense presents opportunities for legal challenges and defense strategies.

Potential Penalties

The consequences of an underage alcohol conviction in Ohio can be significant:

Collateral Consequences

In addition to immediate legal penalties, an underage alcohol conviction can lead to lasting implications, including:

Defense Strategies

As your defense attorney, we can implement several strategies to contest these charges:

Diversion Programs: One Path to Avoiding Conviction

For many first-time offenders confronting underage alcohol charges in Ohio, diversion programs provide an invaluable opportunity to avoid a criminal conviction. These programs reflect the justice system's understanding that young individuals can learn from their mistakes without bearing a permanent criminal record.

Typical Requirements:

Although specific requirements differ by jurisdiction, most diversion programs generally include:

Benefits of Diversion:

Completing a diversion program successfully typically leads to:

Eligibility Considerations:

Not everyone qualifies for diversion. Factors influencing eligibility include:

If you or your child is facing underage alcohol charges in Ohio, immediate legal representation is essential. With years of experience defending against these charges, we understand how to navigate the legal system and protect your rights.

Protect Your Future

If you or your child is facing underage alcohol charges in Ohio, immediate legal representation is crucial. With years of experience defending against these charges, we understand how to navigate the legal system and protect your rights.

Recent Cases/News

Experienced DUI Attorney Secures Dismissal of OVI Charges After Single-Vehicle Accident
Our client was involved in a serious single-vehicle accident that caused her car to roll over, necessitating emergency assistance. Police broke a window to help her escape but quickly shifted their focus to an OVI investigation, even as paramedics and hospital staff provided critical medical care. Through our thorough investigation, we determined that the signs of impairment cited by authorities were more likely the result of trauma from the accident rather than alcohol or drug use. Consequently, the OVI charges were dismissed, and the client pleaded to a non-moving violation. This outcome protected her from license points, a lengthy suspension, an OVI conviction on her record, and increased auto insurance rates.
  
Sandusky County Court - Clyde
December 26, 2024
Successful OVI Defense: Achieving Justice for Our Client
Our client was stopped by law enforcement under the claim that her temporary tag, displayed in the rear window, was not visible. Despite this minor issue, the officer alleged an odor of alcohol and noted watery eyes, prompting him to order her out of the vehicle for field sobriety tests. This led to an OVI charge. Recognizing the importance of protecting our client’s rights, we filed a motion to suppress evidence, challenging the validity of the traffic stop and questioning whether the officer lawfully expanded and prolonged the detention. Our thorough legal strategy resulted in the dismissal of the OVI charge, with our client instead pleading to a traffic citation. This resolution also spared her from the significant consequences of a license suspension.
  
Norwalk Municipal Court
December 20, 2024
OVI Charges Dismissed Through Strategic Defense
When a state trooper alleged our client made an unsafe lane change and displayed signs of impairment, including bloodshot eyes, slurred speech, and the smell of alcohol, the case initially appeared challenging. Our client was subjected to field sobriety tests, arrested, and taken to the station, where an attempt to administer a breath test failed due to issues with the machine. However, through a thorough investigation, we discovered that many of the trooper's claims were contradicted by video evidence from the traffic stop. Armed with these inconsistencies, we successfully negotiated a dismissal of the OVI charges, with our client pleading to a non-moving violation instead. This outcome spared our client from license points, the lasting stigma of an OVI conviction, and the associated penalties.
  
Ashtabula Municipal Court
December 19, 2024
Protecting Your CDL and Career: A Successful OVI Defense
When our client, a commercial driver, was stopped for allegedly crossing a marked line and subjected to an OVI investigation—including an over-the-limit breath test—we understood the stakes: his career and livelihood were on the line. Our team fought aggressively to secure an outcome that protected his commercial driver’s license. We achieved a complete dismissal of the OVI charge, a plea to a non-moving citation with no points, vacated the administrative license suspension, and avoided any court-imposed suspension. This resolution safeguarded his CDL and ensured his ability to continue his career without disruption.
  
Lorain Municipal Court
December 12, 2024
Successful Defense Against OVI Charges
After allegedly observing our client engaged in street racing, law enforcement quickly shifted their focus to an OVI investigation, administering field sobriety tests and later a breath test that registered above the legal limit. We challenged the rapid escalation of the traffic stop and raised multiple legal issues that called into question the validity of the investigation. As a result, the OVI charges were dismissed, and our client agreed to resolve the matter with minor traffic citations. This outcome spared our client from the severe consequences of an OVI conviction, including steep fines, significant license points, and a year-long license suspension.
  
Elyria Municipal Court
December 10, 2024
OVI Charges Dismissed and Client Avoids OVI Record
After our client was accused of crossing a fog line twice while speeding and subsequently arrested for OVI with a breath test result over the legal limit, we conducted a thorough investigation into the case. By meticulously following a strategic approach, we were able to challenge the evidence and secure the best possible outcome for our client. As a result, the OVI charges were dismissed, and our client pled to a non-moving citation, avoiding points on his license, hefty fines, an OVI record, and a year-long license suspension.
  
Parma Municipal Court
December 9, 2024
Successful Defense Against OVI Charges for Golf Cart Stop
Our client was stopped while operating a golf cart on a roadway and quickly subjected to field sobriety tests, which the officer suspiciously conducted out of view of his 180-degree dash camera. Through a thorough investigation, we raised significant doubts about the justification for the stop and challenged the officer's deliberate avoidance of objective video evidence. After heated negotiations with the prosecutor, we secured a dismissal of the OVI charges, allowing our client to plead to a simple traffic citation. This resolution spared him from high license points, a mandatory one-year license suspension, and the damaging impact of an OVI conviction on his career.
  
Ottawa County Municipal Court
December 6, 2024
OVI Charges Dismissed, Client Avoids Severe Penalties
Our client was arrested for OVI following a minor fender bender, with a breath test allegedly over the legal limit. Despite the challenging circumstances, we successfully secured a dismissal of the OVI charges, allowing the client to plead to minor traffic citations instead. This resolution spared him from an OVI conviction, significant points on his driving record, a potential year-long license suspension, mandatory jail time, and the possible loss of his job.
  
Elyria Municipal Court
December 5, 2024
Successful Defense: Felony and Misdemeanor Charges Drastically Reduced
Our client faced a daunting array of charges, including two first-degree misdemeanors, five fifth-degree felonies, one third-degree felony, one second-degree felony, and one first-degree felony. Through thorough investigation and strategic legal representation, we meticulously examined the state's evidence—and the lack thereof—to negotiate a highly favorable outcome. As a result, all charges were dismissed except for a single misdemeanor. Our client avoided jail time entirely and walked out of court with only a $100 fine.
  
Ottawa County Common Pleas and Municipal Courts
December 2, 2024
OVI Charges Dismissed: Strategic Defense Leads to No Jail Time
Our client was stopped by police for a minor traffic issue and subsequently asked to exit her vehicle to perform field sobriety tests. Despite her prior OVI conviction and a breath test result exceeding the legal limit, we strategically challenged the officer's investigation. We argued that the officer lacked sufficient evidence of impairment to justify removing her from the vehicle and that the field sobriety tests were not conducted in substantial compliance with standardized procedures. By focusing on these critical issues, we successfully secured a dismissal of the OVI charges. Instead of facing a mandatory minimum jail sentence of ten days, our client resolved the matter with a non-moving traffic citation and avoided jail time altogether. This case highlights the importance of scrutinizing every aspect of an OVI investigation to ensure that our clients receive the best possible outcome.
  
Fremont Municipal Court
November 21, 2024
OVI Charges Dropped After Misinterpretation of Aging Signs Revealed
Our elderly client was charged with an OVI after a minor fender bender, with police mistakenly attributing signs of aging to impairment. Recognizing the injustice, we conducted a thorough investigation into the accident and the police’s OVI evaluation, uncovering critical evidence that demonstrated this misinterpretation. Due to our diligent efforts and advocacy, the OVI charges were completely dismissed. Our client instead resolved the matter with a minor misdemeanor traffic citation and a $100 fine, avoiding the serious consequences of an OVI conviction.
  
Ottawa County Municipal Court
November 8, 2024
Dismissal of OVI Charges for Client in Minor Accident
Our client was involved in a minor accident, and when police arrived at the scene, they focused on investigating potential impairment rather than ensuring our client’s well-being. Despite being charged with an OVI (Operating a Vehicle Impaired), our dedicated legal team successfully negotiated a dismissal of the OVI charges. Instead, our client only needed to plead to a minor, non-moving citation, sparing her from the serious consequences associated with an OVI conviction. This outcome protected her record, prevented any points from being added to her license, and avoided a potential license suspension.
  
Elyria Municipal Court
November 7, 2024
OVI Charges Dismissed Following Unjustified Investigation
Our client was initially stopped for a minor traffic issue, yet soon found himself subjected to an OVI investigation despite insufficient indicators of impairment. After a thorough review of the state’s evidence, our legal team crafted a strong defense and successfully secured a dismissal of the OVI charges. Ultimately, our client resolved the matter by pleading to a simple traffic citation. This favorable outcome meant he avoided jail time, protected his record from an OVI conviction, and maintained his driving privileges without any license suspension.
  
Elyria Municipal Court
November 7, 2024
OVI Charges Dismissed Following Questionable Traffic Stop
Our client was accused of committing multiple traffic violations, leading to an OVI arrest and a breath test showing results over the legal limit. However, our diligent investigation uncovered several issues with the initial traffic stop. We highlighted these issues in a suppression motion, which ultimately resulted in the dismissal of the OVI charges. Our client was able to resolve the case by pleading to a non-moving citation instead. This outcome spared him from the heavy license points associated with an OVI conviction and helped protect his career.
  
Bedford Municipal Court
November 7, 2024
Leaving the Scene Charge Completely Dismissed
Our client faced serious charges after a minor fender bender: leaving the scene of an accident. This first-degree misdemeanor carried penalties of up to 6 months in jail, a $1,000 fine, and a mandatory license suspension. Recognizing the severe impact on our client's life and livelihood, our legal team meticulously examined the case details. Through strategic defense and compelling advocacy, we secured a complete dismissal of all charges, protecting our client's record and driving privileges.
  
Elyria Municipal Court
November 7, 2024
Charges Dismissed After Police Complaint Incident
Our client reached out to us after a distressing encounter with a police officer. She was seeking assistance when her car broke down, but instead of help, she felt treated unfairly, as though she were a criminal. Following the incident, she filed a formal complaint about the officer’s conduct. However, after reviewing the body camera footage, the police department alleged that her complaint included false statements, leading to her being charged with a first-degree misdemeanor. With our firm’s dedicated and strategic representation, we successfully negotiated for the dismissal of the first-degree misdemeanor charges. Ultimately, our client only needed to pay a $50 fine for a minor misdemeanor citation, protecting her record and restoring her peace of mind.
  
Ottawa County Municipal Court
October 29, 2024
OVI Charges Dismissed Following Unjust Traffic Stop Escalation
Our client was initially stopped for a minor issue: failing to display a license plate. However, the situation quickly escalated, with officers subjecting him to a pat-down, field sobriety tests, a roadside portable breath test, and an evidentiary breath test at the police station. Despite test results above the legal limit, our team focused on the improper escalation of what began as a routine traffic stop. Through our aggressive defense, we achieved a dismissal of the OVI charges, allowing our client to plead to a non-moving citation. This outcome saved him from points on his license, avoided a license suspension, and prevented an OVI from appearing on his record.
  
Sandusky County Court District 1 - Clyde
October 29, 2024
OVI Charge Dismissed: Protecting Our Client’s Record and Career
Our client faced an OVI charge after a traffic stop, where a breath test indicated levels above the legal limit. Despite the initial evidence, we successfully secured a dismissal of the OVI charge, allowing him to plead to a non-moving violation instead. By keeping the OVI off his record, we helped him retain his job and avoid the long-term consequences of a serious offense.
  
Rocky River Municipal Court
October 24, 2024
OVI Charges Dismissed After Unwarranted Escalation
When our client was stopped for speeding, the police swiftly escalated the stop into an OVI investigation, leading to OVI charges. We intervened and successfully achieved a dismissal of the OVI charges, allowing our client to plead to a non-moving violation instead. This outcome protected our client’s record from the serious impact of an OVI charge.
  
North Olmsted Mayors Court
October 3, 2024
Second in 20 OVI Charges Dismissed Due to Misidentified Impairment
Our client received an OVI citation, despite his last OVI incident being over 13 years ago. We argued that the police had misinterpreted signs of impairment, and through a strong defense, we secured a dismissal of the OVI charges. Our client was instead able to resolve the matter with a non-moving violation, preserving his record from the significant impact of a repeat OVI charge.
  
Avon Lake Municipal Court
October 2, 2024
OVI Charges Reduced
What might be defined as a win can differ from case to case. For example, in this case our client was charged with a second-in-ten (4th lifetime) OVI with a refusal. As a result, he was facing a minimum of 20 day and maximum of 180 days in jail. Through strategic representation, we helped him to avoid any jail time by persuading the prosecutor and judge to treat the OVI as a first-in-ten. Although he still received an OVI, in his eyes the avoidance of any jail time was a big win.
  
Avon Lake Municipal Court
October 2, 2024
OVI Charges Dismissed
Our client was found asleep in his parked vehicle, prompting police to approach for a wellness check. However, the situation quickly escalated into OVI charges. Through a determined and strategic defense, we achieved a dismissal of these charges, allowing our client to resolve the matter with a non-moving violation instead. This outcome protected our client’s record from the severe implications of an OVI.
  
Elyria Municipal Court
October 2, 2024
OVI Charges Dismissed Following Minor Fender Bender
After a minor fender bender in a drive-thru, our client was unexpectedly accused of an OVI by the police. We provided assertive representation, successfully obtaining a dismissal of the OVI charges. Our client resolved the matter with a non-moving violation, protecting her record from serious repercussions.
  
Parma Municipal Court
September 10, 2024
Dismissal of OVI Charges Despite Prior Record and Breath Test Results
Our client faced new OVI charges after a breath test showed results above the legal limit, along with a prior OVI from several years ago. Through strategic representation, we secured a dismissal of the new OVI charges, allowing our client to plead to a non-moving violation instead, protecting his record from further impact.
  
Brook Park Mayors Court
September 9, 2024
OVI Charges Dismissed, Resolved with Minor Traffic Citations
Our client faced OVI charges, but through assertive representation, we successfully achieved a dismissal of these charges. Instead, our client was able to resolve the matter with minor traffic citations, protecting his record from the impact of an OVI.
  
Elyria Municipal Court
September 5, 2024
Challenging OVI Charges: Dismissal Secured Through In-Depth Defense
When our client was charged with an OVI, we conducted thorough research and identified key issues with the traffic stop and subsequent OVI investigation. The arguments we presented led to a dismissal of the OVI charge, allowing our client to resolve the matter with a simple traffic citation instead.
  
Erie County Municipal Court
August 26, 2024
Case Success: OVI Charges Dismissed
When our client faced OVI charges, we uncovered key issues in the case: missing video footage from the traffic stop and conflicting reports regarding the reason for the stop. Leveraging these inconsistencies, we successfully negotiated a dismissal of the OVI charges. Instead, our client resolved the matter with a plea to a non-moving citation, protecting their record and future.
  
Vermilion Municipal Court
August 20, 2024
Case Result: OVI Charges Dismissed Due to Misinterpreted Signs of Aging
Our client was initially stopped for a traffic violation, then given field sobriety tests, and ultimately charged with an OVI. We demonstrated that the so-called signs of impairment were, in fact, normal signs of aging, not intoxication. This clarity led to the dismissal of the OVI charges, with our client accepting a non-moving citation instead—preserving their record and peace of mind.
  
Rocky River Municipal Court
August 15, 2024
Aggravated Menacing Charges Dismissed
Our client faced aggravated menacing charges following an alleged argument with a recreation center employee, during which there was an alleged reference to a gun. Through strategic and assertive representation, we achieved a complete dismissal of all charges, protecting our client’s record and reputation.
  
Rocky River Municipal Court
August 13, 2024
CDL and Career Saved After OVI Charge Dismissal
Our client, a commercial driver, faced an OVI charge that threatened his commercial driver’s license (CDL) and livelihood. We successfully achieved a dismissal of the OVI charge and vacated his administrative license suspension. By resolving the case with a minor traffic citation, our client avoided the OVI conviction, CDL disqualification, and potential job loss, securing his career and future.
  
Norwalk Municipal Court
August 13, 2024
Protecting Our Client’s Future and Driving Privileges
Our client faced an OVI charge that threatened to leave a permanent mark on his record and result in a mandatory one-year license suspension. Through determined advocacy, we achieved a dismissal of the OVI charges, reducing them to minor traffic citations. This outcome allowed our client to avoid an OVI conviction and keep his driving privileges intact. Our firm is committed to securing favorable resolutions and protecting our clients' futures.
  
Elyria Municipal Court
July 30, 2024
Securing a Positive Outcome in an OVI Case
Our client was pulled over for an alleged marked lanes violation, subjected to field sobriety tests, and later arrested with a request for a breath test, which he refused. By challenging the validity of the OVI investigation and field sobriety procedures, we successfully obtained a dismissal of the OVI charges. Instead, our client pled to a non-moving citation, sparing him from the long-term consequences of an OVI on his record and additional penalties.
  
Erie County Municipal Court
July 22, 2024
Fighting for Dismissal of OVI Charges and License Restoration
Our client was charged with an OVI, but through our aggressive representation, the charges were dismissed, and his license was immediately reinstated.
  
Sandusky Municipal Court
July 16, 2024
Securing a Favorable Outcome in a High-Tier OVI Case
Our client was charged with an OVI after registering a high-tier result on a breath test. Through creative strategy and aggressive representation, we achieved a dismissal of the OVI charges, allowing our client to plead to a minor traffic citation instead.
  
Sandusky Municipal Court
July 16, 2024
Achieving a Dismissal of Serious Charges
Our client faced a first-degree misdemeanor charge for driving under an OVI suspension, which included a mandatory three-day jail term and an additional one-year license suspension. Through our effective representation, we secured a dismissal of the serious charges, allowing our client to plead to a minor traffic citation with only a small fine.
  
Rocky River Municipal Court
July 16, 2024
Challenging Misinterpretation and Securing Dismissal of OVI Charges
Our client was stopped by police, who mistook natural signs of aging for impairment. Although a subsequent urine test detected certain chemicals, we presented his case with determination and achieved a dismissal of the OVI charges. Instead, our client pled to a non-moving citation, avoiding the impact of an OVI record.
  
Rocky River Municipal Court
July 11, 2024
Securing Dismissal of OVI Charges Despite Breath Test Results
Our client faced OVI charges after a breath test indicated a result over the legal limit. Through aggressive representation, we successfully achieved a dismissal of the OVI charges.
  
Elyria Municipal Court
July 11, 2024
Achieving Dismissal of High-Tier OVI Charges
Our client faced OVI charges after a high breath test result. Through aggressive representation, we secured a dismissal of the OVI charges, allowing him to plead to a non-moving citation instead. This outcome spared him from license points and a year-long suspension.
  
Erie County Municipal Court
July 3, 2024
Challenging Field Sobriety Tests and Securing a Favorable Outcome
Our client faced OVI charges, but we identified key issues with the field sobriety tests conducted by the police. Through our challenge, we achieved a dismissal of her OVI charges, allowing her to plead to a non-moving citation instead.
  
Mentor Municipal Court
July 1, 2024
Achieving Dismissal of OVI Charges After Breath Test Refusal
Our client was stopped, arrested, and asked to take a breath test, which he refused. We stepped in, presenting strong arguments on his behalf that led to a dismissal of the OVI charges. Instead, he resolved the case with a traffic citation.
  
Lakewood Municipal Court
June 26, 2024
Protecting Careers by Securing Dismissals in High-Tier OVI Cases
Our client provided a high-tier breath test sample, leading to OVI charges that threatened his career. Through aggressive representation, we achieved a dismissal of the OVI charges, allowing him to plead to a non-moving citation instead—safeguarding his job in the process.
  
Lorain Municipal Court
June 24, 2024
Securing Dismissal of OVI Charges After Breath Test Refusal
Our client faced OVI charges after refusing a breath test. Through a thorough investigation, we uncovered critical issues in his case, resulting in a dismissal of the OVI charges. Instead, he resolved the matter with a non-moving citation.
  
Lorain Municipal Court
June 17, 2024
Challenging Unfair OVI Charges Resulting from a Minor Traffic Stop
Our client was pulled over for a license plate light issue and subsequently subjected to field sobriety tests in snowy conditions, resulting in an OVI charge. Through our representation, we achieved a dismissal of the OVI charges, allowing her to plead to a non-moving citation instead.
  
Painesville Municipal Court
June 10, 2024
Achieving Dismissal of OVI Charges Through Strategic Defense
Our client was stopped after crossing the center line, subjected to field sobriety tests, and subsequently charged with an OVI. Through aggressive representation, including filing motions for discovery sanctions against the State and a suppression motion, we reached a resolution allowing our client to plead to a non-moving citation, resulting in the dismissal of the OVI charges.
  
Erie County Municipal Court
May 31, 2024
Resolving Long-Standing Domestic Violence Charges
Our client faced domestic violence charges after a physical altercation with an adult sibling. With concerns about the potential consequences, he left these charges open with an outstanding warrant for several years. Once he retained our firm, we acted quickly to lift the warrant and successfully secured a dismissal of the charges.
  
Rocky River Municipal Court
May 28, 2024
Securing Dismissal of Serious Charges Through Thorough Investigation
Our client was accused of impaired driving with her children in the vehicle. Through a meticulous investigation, we uncovered critical issues with the State’s case, leading to a dismissal of the most serious charges. Instead, our client resolved the matter with a non-moving citation and a disorderly conduct charge.
  
Chardon Municipal Court
May 24, 2024
Challenging OVI Charges Stemming from a Minor Traffic Stop
Our client was initially stopped for an alleged loud exhaust, which quickly escalated into an OVI investigation, resulting in charges for driving over the legal blood alcohol limit. Through aggressive representation, we achieved a dismissal of the OVI charges, allowing our client to plead to a traffic offense instead.
  
Chardon Municipal Court
May 22, 2024
Securing Dismissal of High-Tier OVI Charges Through Rigorous Investigation
After a traffic stop, our client was subjected to field sobriety tests and a breath test, which registered in the high-tier OVI range. Through a thorough investigation, we uncovered significant issues with the breath test procedure. Leveraging these findings, we successfully obtained a dismissal of the OVI charges, allowing our client to resolve the case with a non-moving citation instead.
  
Rocky River Municipal Court
May 20, 2024
Protecting a Commercial Driver’s License and Career
Our client, a commercial driver, faced losing both his CDL and his job due to an OVI charge. We fought vigorously on his behalf, achieving a dismissal of the OVI, vacating his administrative license suspension, and ultimately saving his CDL and career.
  
Bedford Municipal Court
May 10, 2024
Achieving Dismissal of Third-in-Ten OVI Charges
Our client faced serious third-in-ten OVI charges after a police officer questioned him and a urine test allegedly detected substances over the legal limit. However, our analysis revealed a lack of probable cause—the officer approached our client simply because he’d been parked at a gas station for an hour, deemed “suspicious.” Leveraging this and other issues, we moved forward with a suppression motion hearing, ultimately securing a dismissal of the OVI charges. Our client resolved the case with a non-moving citation, avoiding jail time, license suspension, points, and vehicle forfeiture.
  
Vermilion Municipal Court
May 9, 2024
Securing Dismissal of High-Tier OVI Charges and Protecting Our Client’s Record
Our client was involved in a minor accident that led to building damage. After his arrest, he declined a breath test and faced a second-in-ten OVI charge with severe penalties. Through thorough investigation, we gathered witness testimony confirming he’d only had two beers over more than three hours. By highlighting the weaknesses in the State’s case and preparing for a jury trial, we secured a dismissal of the OVI charges on the eve of trial. Our client avoided an OVI conviction, jail time, and points on his license.
  
Fremont Municipal Court
May 9, 2024
Overturning OVI Charges Following a Winter Accident
After our client was involved in an accident on a snowy day, responding police quickly initiated an OVI investigation, and she ultimately provided an over-the-limit breath test. Our thorough analysis uncovered critical issues with both the investigation and test results, which we presented at a suppression motion hearing. As a result, the OVI charges were dismissed, allowing her to plead to a non-moving citation instead—avoiding points on her license, an OVI conviction, and a lengthy suspension.
  
Portage County Court - Ravenna
May 8, 2024
Securing Dismissal of High-Tier OVI Charges and Avoiding Severe Penalties
Our client faced high-tier OVI charges, which would have resulted in mandatory jail time, a year-long license suspension, points on her license, a significant fine, and a lasting OVI record. Through dedicated representation, we achieved a dismissal of the OVI charges, allowing her to plead to a non-moving citation instead and sparing her from these severe penalties.
  
Lorain Municipal Court
May 7, 2024
OVI Charge Dismissed After Successful Defense
Our client was stopped for alleged speeding, a license plate light issue, and weaving within his lane. This led to field sobriety tests, an arrest, and requests for both breath and urine samples. After thoroughly analyzing his case, we identified significant issues with the field sobriety tests, as well as favorable points related to the breath and urine tests. Our efforts resulted in a full dismissal of the OVI charge. In the end, our client only pled to the minor citations for speeding and a license plate light, with a combined fine of just $75.
  
Rocky River Municipal Court
April 18, 2024
OVI Charge Dismissed Based on Questionable Traffic Stop
Our client was stopped by a State Trooper for allegedly rolling through a stop sign and red light. This led to field sobriety tests, an arrest, and a breath sample that registered over the legal limit. However, after reviewing the dash cam footage, we found the reasons for the stop were questionable at best. Using this evidence, we secured a dismissal of the OVI charge, with our client instead pleading to a non-moving citation. This outcome spared our client from an OVI on their record, the requirement to complete a driver intervention program, a year-long license suspension, and points on their driving record.
  
Elyria Municipal Court
April 17, 2024
Underage OVI Charges Dismissed Due to Procedural Violations
Our client, under the legal drinking age, was stopped by police, subjected to field sobriety tests, and provided a breath sample over the legal limit. However, our investigation uncovered multiple procedural issues: the police failed to conduct the required 20-minute observation period before administering the breath test, and the unusually high test result was inconsistent with her appearance on video. Additionally, the officer suspiciously turned off his body camera during the breath test. These findings led to a dismissal of the OVI charges. Our client only pled to a speeding and non-moving citation, avoiding any license suspension or OVI on her record.
  
Berea Municipal Court
April 11, 2024
OVI Charges Dismissed After Questionable Traffic Stop and Testing
Our client was stopped by police for an alleged marked lanes violation, which quickly escalated into an OVI investigation with field sobriety tests. Despite performing well on these tests, the officer proceeded to administer a non-scientific "lack of convergence" test. Ultimately, our client provided a breath sample that was just barely over the legal limit. By highlighting all the issues with the traffic stop and testing methods, we successfully secured a dismissal of the OVI charges, with our client only needing to plead to a minor traffic citation.
  
Vermilion Municipal Court
March 28, 2024
OVI Charges Dismissed After Questionable Stop and Testing Procedures
Our client was stopped by police for allegedly crossing a fog line, which quickly led to field sobriety tests. We challenged both the basis of the stop—questioning whether she actually crossed the fog line—and the manner in which the sobriety tests were administered. This approach resulted in a dismissal of her OVI charges, allowing her to plead to a simple traffic citation instead. She avoided high points on her license and left court without any license suspension.
  
Norwalk Municipal Court
March 27, 2024
OVI Charges Dismissed, Plea to Minor Traffic Citations Secured
After being stopped for speeding, our client was subjected to field sobriety tests by an Ohio State Patrol officer, leading to an arrest and OVI charge. We successfully obtained a dismissal of the OVI charges, with our client entering a plea to a non-moving citation and the speeding citation instead. This outcome spared him from the lasting impact of an OVI on his record and avoided the mandatory penalties that typically accompany such a charge.
  
Vermilion Municipal Court
March 26, 2024
OVI Dismissed, Client Avoids Major Penalties
Our client was initially stopped for an alleged marked lanes violation, subjected to field sobriety tests, and provided a breath test that registered over the legal limit. Despite this, we successfully achieved a dismissal of the OVI charge, allowing him to plead to a non-moving citation instead. As a result, he left court with his license fully reinstated, no points added, no jail time, and no driver intervention program requirements.
  
Lorain Municipal Court
March 25, 2024
OVI Charges Dismissed After Challenging Stop and Testing Procedures
Despite our client’s arrest and a breath test result over the legal limit, we identified multiple issues regarding the initial stop and the administration of field sobriety tests. These challenges led to a dismissal of her OVI charges, with her entering a plea to a non-moving citation instead.
  
Vermilion Municipal Court
March 21, 2024
OVI With Breath Test Dismissed:
Although our client was subjected to field sobriety tests and then provided a breath test that was over the legal limit, a thorough investigation revealed issues with the traffic stop and breath test. For example, the evidence showed that the officers failed to properly observe our client for 20 minutes prior to conducting the breath test. As a result, we obtained a dismissal of all of the charges against him, with him entering a plea to a non-moving citation instead. In addition to saving him from points to his driving record, and the impact of an OVI on his record, we helped him escape what would have been a minimum one-year license suspension.
  
Avon Lake Municipal Court
March 20, 2024
Hit & Skip Charges Dismissed:
Our client was charged with a first-degree misdemeanor hit and skip charge after he left the scene of an accident where he believed there was no damage requiring him to stay. Although he was facing a mandatory license suspension, we obtained a dismissal of the hit & skip charges, with him pleading to a minor misdemeanor traffic citation instead.
  
Avon Lake Municipal Court
March 14, 2024
OVI Charges Dismissed:
Our client was stopped for speeding and then found himself being put through standardized field sobriety tests, arrested and cited with an OVI. Through an investigation into his case, we raised issued with regard to the field sobriety tests and a general lack of evidence of impairment. As a result, we obtained a dismissal of the OVI charges with our client pleading to a non-moving citation instead.
  
Chardon Municipal Court
March 12, 2024
OVI Charges Dismissed, CDL Saved:
Our client was at risk of losing his job and his commercial driver's license after he was charged with an OVI. We obtained a dismissal of the OVI charges, with the court vacating his administrative license suspension, in a maneuver that saved his job and CDL. He pled to a non-moving citation instead.
  
Cleveland Municipal Court
March 7, 2024
Underage Possession of Alcohol Charges Dismissed:
Our client was charged with a first-degree misdemeanor for allegedly being in possession of alcohol containers that were in the toolbox of his truck. However, by demonstrating that the state lacked sufficient evidence of his knowledge of the alcohol in his truck, which he and others in his family used, we obtained a complete dismissal of the charges.
  
Fremont Municipal Court
February 27, 2024
OVI Charges Dismissed:
After our client was stopped for an alleged turn signal violation, he quickly found an officer putting him through field sobriety test despite our client's injured knee. Despite providing a urine sample that tested over the legal limit, we were able to obtain a dismissal of the OVI charges with our client pleading to a traffic citation instead.
  
Ottawa County Municipal Court
February 23, 2024
OVI Charges Dismissed - CDL Saved:
Our client faced a disqualification of his CDL, jail time, points to his license and a year-long license suspension when he was charged with an OVI. We saved him from all of these consequences by obtaining a dismissal of the OVI charges and him pleading to a non-moving citation instead.
  
Berea Municipal Court
February 15, 2024
OVI Charges Dismissed Despite Accident:
The police charged our client with an OVI after she was in an accident during which her air bag went off and she bumped her head. By showed that perceived clues of impairment were likely clues of a concussion instead, we obtained a dismissal of the OVI charges with our client pleading to a traffic citation instead. This saved her from a mandatory license suspension, from jail time and even from having to take the driver's intervention program.
  
Cleveland Municipal Court
February 13, 2024
Second in Ten OVI Charges Dismissed:
Although our client had a prior OVI conviction, we investigated her new OVI charges and presented multiple weaknesses in the State's case to the court. By doing so, we obtained a dismissal of the OVI charges with her entering a plea to a non-moving citation instead. She was saved from points to her license, mandatory jail time and a lengthy license suspension.
  
Lorain Municipal Court
February 7, 2024
Child Endangerment Charges Dismissed:
Our client was charged with child endangerment charges after an incident during which he had drinks. We pulled apart weaknesses in the case against him until we obtained a dismissal of the child endangerment charges.
  
Ottawa County Municipal Court
February 2, 2024
Hit and Skip Conviction Avoided:
Our client was involved in a fender bender and then accused of leaving the scene. If convicted, she would have faced a mandatory license suspension. By strategically presenting her case, we were able to avoid the hit and skip conviction with her pleading to a minor misdemeanor non-moving citation instead. Thus, her license was saved.
  
Sandusky Municipal Court
January 29, 2024
Client Escapes 3rd in 10 OVI:
Our client was facing a third-in-ten OVI charge; however, by leveraging issues with the charging documents we were able to resolve her case with just a traffic citation. By doing so, she avoided high points to her license, jail time and a forfeiture of her vehicle.
  
Lakewood Municipal Court
January 17, 2024
OVI Charges Dismissed Despite Priors:
After our client was stopped for a traffic violation, miscommunication occurred over the police department radios such that they believed our client had five prior OVI's, which was not accurate. This resulted in a rushed and incomplete investigation. We argued issues with the investigation and as a result we were able to get the OVI dismissed with our client pleading to the traffic violation.
  
Ottawa County Municipal Court
January 10, 2024
OVI Charges Dismissed
Despite our client having admitted to having drinks and providing an alcohol test result that was over the legal limit, we were able to reveal issues with the State's case that resulted in a dismissal of the OVI charges with our client pleading to a non-moving traffic citation instead.
  
Rocky River Municipal Court
December 21, 2023
OVI Charges Dismissed:
Our client was stopped by the police, ordered out of her car, subjected to field sobriety tests, arrested and cited with an OVI. Thorough investigation of her case and documentation of her charges helped us to achieve a dismissal of those OVI charges with her pleading to a traffic citation instead.
  
Mentor Municipal Court
December 20, 2023
Marijuana OVI Dismissed:
Our client was stopped for speeding, subjected to SFSTs, provided a breath test that showed that he was under the legal limit for alcohol, and then provided a urine sample that tested positive for THC metabolites. Certain metabolites may show in a person's urine even if they last used THC days or weeks prior; however, under Ohio law simply testing over and operating a vehicle remains an OVI. However, but leveraging information and facts about the traffic stop, we were able to obtain a dismissal of the OVI charges with our client pleading to a non-moving citation instead. He avoided an OVI on his record, avoided six points to his license and avoided a year long suspension.
  
Rocky River Municipal Court
December 14, 2023
Vehicular Vandalism Charges Dismissed:
Our client was charged with a first-degree misdemeanor for allegedly throwing his rake at a car passing his yard. The driver of the other vehicle was ultimately charged with felonies because he physically attacked our client. By pointing out that the state lacked evidence of the accusations against our client, we obtained complete dismissal of the charges.
  
Rocky River Municipal Court
December 14, 2023
Over-the-Limit OVI Charges Dismissed:
Our client was charged with an OVI after providing a high BAC reading. However, through investigating the evidence we discovered that the testing machine had not been calibrated within seven days of his test - a requirement from the Ohio Administrative Code. As a result, we obtained a dismissal of the OVI charges with our client pleading to a traffic citation instead. We also obtained an order vacating his ALS, which saved his CDL.
  
Ottawa County Municipal Court
December 13, 2023
Underage OVI Charges Dismissed:
Our client, who was under the age of 21, received an underage OVI charge after providing a test over the legal limit for individuals his age. We raised issues with respect to the identification of our client as the driver as well as the lack of good evidence of impairment to justify an arrest. We, therefore, obtained a dismissal of the OVI charge with our client pleading to a traffic citation instead.
  
Ottawa County Municipal Court
December 13, 2023
Golf Cart OVI Charges Dismissed:
Our client was stopped as he was entering a state park on Put-in-Bay, something that we have seen frequently this past year. He ultimately arrested and subjected to a urine test. We were able to obtain a dismissal of the charges, with him pleading to a traffic citation instead.
  
Ottawa County Municipal Court
December 13, 2023
OVI Charges Dimissed:
We successfully obtained a dismissal of OVI charges brought against our client, with him pleading to a traffic citation instead. This saved him from high points to his license, the impact of having an OVI on his record, and increased auto insurance rates.
  
Ottawa County Municipal Court
December 8, 2023
OVI Charges Dismissed:
Although our client was stopped due to alleged marked lane violations and ultimately provided a breath sample above the legal limit, investigation into his case raised several evidentiary issues for the State. As a result, we prevailed in having the OVI charges dismissed with our client pleading to a non-moving citation instead.
  
Rocky River Municipal Court
December 7, 2023
OVI Charges Dismissed:
Despite having a prior OVI, we saved our client from another OVI conviction by holding firm that the state lacked evidence that our client was impaired at the time he operated his vehicle. As a result, the OVI charges were dismissed with our client pleading to a non-moving traffic citation instead.
  
Chardon Municipal Court
November 28, 2023
OVI With Over-the-Limit Test Dismissed:
Although our client provided a breath test that was over the legal limit, we moved to suppress evidence in his case due to several issues with his traffic stop. Through exercising this leverage, we obtained a dismissal of the OVI charges with him pleading to a non-moving citation instead. This saved him from high points to his license, a year-long license suspension, and the implications of having an OVI on his record.
  
Rocky River Municipal Court
November 16, 2023
OVI Charges Dismissed:
Our client was charged with an OVI by the Independence police department. After an extensive investigation into the charges and negotiations with the prosecutor, we obtained a dismissal of the OVI charges. She pled to a non-moving citation instead.
  
Garfield Heights Municipal Court
November 16, 2023
OVI Charges Dismissed - License Suspension Avoided - Job Saved:
Our client received an OVI Charge while at Put-in-Bay. He was particularly concerned about the charges impact on his job as a firefighter. We were able to get his OVI dismissed with him pleading to a non-moving citation instead without any license suspension or points on his license. As a result, his job was saved.
  
Ottawa County Municipal Court
November 16, 2023
OVI Charges Dismissed Despite Prior OVIs:
We kept the pressure on the State regarding their response to our discovery response after teh State Trooper claimed he did not have any dash cam video of the traffic stop. As a result, despite our client have prior OVI's, we obtained a dismissal of her OVI charges with her pleading to a non-moving traffic citation instead.
  
Lorain Municipal Court
November 15, 2023
Criminal Damaging Charges Dismissed:
A city charged our client with criminal damaging, claiming she purposely damaged another vehicle by opening her door into the other vehicle. We scheduled the case for a trial and achieved a dismissal of the charges.
  
Rocky River Municipal Court
November 14, 2023
OVI Charges Dismissed:
Our client was pulled over for failing to use his turn signal 100 feet prior to making a lane change, though he did use a turn signal. We provided an aggressive defense and obtained a dismissal of the OVI charges. He plead to a non-moving citation instead, saving him from a year-long license suspension and points to his license.
  
Fremont Municipal Court
November 14, 2023
OVI Charges Dismissed After High Breath Test:
Although our client provided a breath test that was over the legal limit, we marshalled together legal and mitigating arguments for her with teh court and prosecutor to obtain a dismissal of her OVI charges.
  
Garfield Heights Municipal Court
November 2, 2023
OVI Golf Cart Charges Dismissed:
The Ohio OVI statutes prohibit operating any vehicle, streetcar or trackless trolley within the state, if impaired. Notice, this is not limited to motor vehicles, but applies to any vehicles. Revised code 4511.01 includes within the definition of "vehicle" just about anything that a person or property may be transported or drawn upon. Notice too that the statute says "within the state," which includes private property. Some courts will treat operating a golf cart differently than operating a car, but others treat them exactly the same. The court this case was in treats them the same. In our client's case, he was stopped because he did not use a turn signal while operating a golf cart. This quickly escalated into OVI charges. However, using our experience, we were able to get the OVI charges dismissed.
  
Ottawa County Municipal Court
October 27, 2023
OVI Charges Dismissed After Incomplete Advisements:
When a person is arrested for an OVI, the police must read statutorily required advisements before asking the person to agree to take a chemical test. In this case, teh police officer only read about half of the required advisements. By pushing for the breath test to be inadmissable as a result, we were able to obtain a dismissal of the OVI charges with our client pleading to a traffic citation instead.
  
Ottawa County Municipal Court
October 25, 2023
OVI Charges Dismissed:
After our client was charged with an OVI, we investigated and discovered issues with the charges. By presenting these issues along with mitigating facts, we obtained a dismissal of the charges with our client pleading to a non-moving citation instead.
  
Put-in-Bay Mayor's Court
October 20, 2023
OVI Charges Dismissed
Our client was charged with a second-in-ten OVI and provided a high-level breath test. However, by uncovering and presenting material discovered in the police reports and video, we obtained a dismissal of the OVI charges. He pled to traffic citations instead, avoiding all jail time, high points to his license and any driver’s license suspension.
  
Elyria Municipal Court
October 19, 2023
OVI Charges Completely Dismissed:
Sometimes the best strategy is to use the State's evidence against the State. After our client was charged with an OVI, we showed that the evidence the state collected actually proved our client was not impaired. As a result, the OVI charges were completely dismissed.
  
Ottawa County Municipal Court
October 18, 2023
OVI Charges Dismissed:
During a traffic stop, our client refused to be tested - which can often be the wise choice. For our client, it was because it allowed us to point out a lack of evidence of impairment. As a result, we obtained a dismissal of his OVI with him pleading to traffic citations instead.
  
Ottawa County Municipal Court
October 18, 2023
Second Lifetime OVI Charges Dismissed:
After our client was charged with an OVI, we conducted an investigation, including the use of an expert, into the traffic stop. After presenting issues to the prosecutor through a suppression motion, we reached an agreement to dismiss the OVI charges with our client pleading to a non-moving citation instead.
  
Rocky River Municipal Court
October 5, 2023
OVI Charges Dismissed:
By identifying issues with the State's OVI case against our client, we achieved a dismissal of the OVI charges with our client simply pleading to a minor misdemeanor traffic citation with a fine of $150 instead, saving him from an OVI on his record, any jail time and any license suspension.
  
Sandusky County Court District 2 - Woodville
October 5, 2023
OVI Charges Dismissed:
Our client was stopped and accused of distracted driving, but also charged with an OVI after providing a breath test. We were able to get a dismissal of the OVI charges, however, after a thorough investigation into his case as presentation of issues with the traffic stop to the prosecutor and judge.
  
Sandusky County Court - Clyde
September 26, 2023
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"Brian is a very good attorney and I am very happy with the way that he handled my unemployment case. He is very professional and informative and easy to talk to and he explains concerns very well. I would recommend him to anyone. He is very thorough and made me feel very confident with him handling my case. Thank you very much for your hard work in my case."
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"Thank you Brian for representing me with my unemployment case. I was over whelmed and devastated at the loss of my job after 27 years of employment. You was my rock that helped me through this nightmare, I couldn't have done it without you. You are very professional and easy to talk to, I appreciate all you did for me."
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"Excellent service, not only did I win my case but the level of customer service was phenomenal!! Anytime i had a question it was answered so that i could understand it.
I was also extremely prepared and ready before we went to court.
It was such a nice process. I would recommend this company to anyone i know!!"  
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"Beat Walmart unemployment case!  Took the time to help me think this case through. Helped me prioritize the events that happened. Came up with a winning strategy that ultimately won my appeal hearing against the retail giant Walmart!"
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"There are only good things to be said about this Law Firm, Attorney Brian Smith and Attorney John Sivinski.  I was blindsided by separation at my former employment and then denied unemployment benefits as well.  In addition to the denial of benefits, I also lost two rounds of appeals.  Before my third appeal, which involved a phone hearing, I was very fortunate to find this Law Firm.  They were meticulous and extremely experienced in helping to turn the situation around."
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"Brian is very responsive and very thorough. I was very nervous throughout the process, and he made me feel relaxed and confident. I would highly recommend Brian to all my friends and family because I am confident he will not let them down, he is very trustworthy and personable. Thanks so much Brian for your professionalism and you eagerness to go the extra mile. You are an excellent attorney."
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"Mr. Smith is an amazing lawyer who listens and takes his time to make sure he understands every detail of your particular case. I would recommend him to my family/friends if ever needed. Mr. Smith helped me understand the procedure which helped me better prepare myself for my hearing. The outcome was exactly what we were looking for. Thank you!"
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"I was extremely happy working Brian & John on my case.  They were very thorough & easy to talk with.  I would highly recommend them to anyone!"
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"Great law firm.  My attorney help me immensely. My job fired me unjustly and they help me get my unemployment back. They help file everything and keep you updated on what going on. Very friendly and helpful. Wish these guys the best in the future!"
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"Brian and his colleague John were incredibly helpful and supportive. Not only did they make me feel secure, I felt represented and heard. I won my case with their help and hard work! I highly recommend them for anyone who is having to fight their employer for unemployment. I can not thank them enough!"  
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"I would absolutely recommend Law Offices of Brian J. Smith, ltd. Brian and John worked with my (juvenile) son and I on a very challenging case. The case even went to the Supreme Court. . . We wouldn’t have WON without their experience and dedication. They were very professional, considerate and understanding especially when things became overwhelming for us. We couldn’t be more thankful for their services."
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We Have You Covered:

The attorneys at the Law Offices of Brian J. Smith provide criminal defense representation in courts along the North Coast of Ohio, including all courts in the following counties: Ashtabula, Cuyahoga, Erie, Geauga, Huron, Lake, Lorain, Ottawa, Portage, Sandusky, and Summit.

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Please keep in mind that the success of any legal matter depends on the unique circumstances of each case and we cannot guarantee particular results for future clients based on successes we have achieved in past legal matters.