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Attorney Ortner successfully defends OVI based on blood draw

Attorney Ortner successfully defended a client charged with Operating a Vehicle Under the Influence (OVI) in Oberlin Municipal Court. The plea agreement stated, “Upon motion of the Prosecutor the charge of OVI is dismissed for the following reasons: The prosecutor represents that he stipulates to the suppression of evidence referred in Defendant’s Motion to Suppress.”

The client had been involved in a one vehicle accident after drinking at a local bar. The state relied upon the results of a blood test which indicated an alcohol level over the legal limit. Ortner Hanek realized that the client’s right to scientifically reliable evidence had been violated and filed a Motion to Suppress. Upon investigating the issues presented in our Motion to Suppress, the State concluded that they could not prove that medical personnel had taken said blood in compliance with the evidentiary rules, and therefore the blood test results could not be proved to be reliable.

It is important to know your rights whether you are accused by the government, or any individual, of wrong-doing. When you believe you may need legal assistance, call Ortner Hanek.

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