Ohio Omvi Charge Defense

complex Ohio omvi charge

I walked up to the door of a village police department and knocked. An officer opened the door. I told the officer that I had a form that I would like to turn in for a friend who had their vehicle stolen. The officer looked at the form and told me that it needed to be turned in to the Sheriffs office. He then asked me about the stolen vehicle being reported and persons involved. He asked what my name was and I told him then he asked me the name of the person who was being accused of stealing the vehicle. when I told him, he repeated the last name. The person accused is a known informant for the village police. Then the officer asked me my name again and after telling him he said, "I remember that call." I had no knowledge of any call being made that day. He then asked me if I drove to the station. I asked, being puzzled as to why he asked me such a question, "why?" He said, "You reek of alcohol." I said, "What?" He said "just stay right there!"

He came back to the door and asked me to follow him. He proceeded to perform a field sobriety test. I told him that I didn't know if I could perform the requested testing because I had just been diagnosed with Covid a few days before and my feet were hurting because swelling and pins and needles feeling. Neuropathy. I completed the line and one leg test as best as I could. I was so nervous because I was shocked that he said that I reeked of alcohol. I felt as though he was trying to set me up by lying about me reeking of alcohol.

He then asked if I had anything wrong with my vision/eyes and I informed him that I had cateract surgery on both eyes and also had holes drilled into my eyes with a lazer to release the pressure due to pre glaucoma. he took an interest in my vision because he held the light as though he was looking into my eyes, not for me to follow with my eyes. he asked me if I had anything to drink that day before giving the field sobriety test and I had told him that I had about the equivalent of one shot of whiskey earlier that day, (Hot Tottie) for my Covid symptoms. After the vision test he said , "Im going to ask you one more time, and be honest, how much have you had to drink today?" I answered him the same as I had previously had told him. about one shot of whiskey. he then told me to turn around and place my hands behind my back and that I was being placed under arrest for drunk driving,.

My BAC was *.* on both tests. the arresting officer then said that he was requesting a urine sample. he then transported me to the sheriffs station where he had a female officer go into the bathroom with me to get a urine sample. neither the female officer nor I washed our hands prior to collection, nor did she give me any directions regarding me peeing into the container.

I washed my hands and we both walked back into the lobby where the arresting officer upon sealing the container that my urine was in stated to the female officer that he didn't seal the container correctly and wondered if it would matter as to where she said she didn't think that it would because he just put another seal over the one that didn't go from one side to the other...

he then threw my urine into a bag as though he was kinda pissed off.

he had asked me as he put me into the car from the highway patrols office if I done any kind of drugs. I told him that I had perscription medications that I take and that I had also been taking several OTC medications for COVID symptoms.

he didn't put the cuffs back on me and told me that he was going to return me to my vehicle and that if the urine comes back positive for anything that I would be charged at that time.

120 days later, he came to my house with the results of a positive urine screen for amphetamine and methamphetimeine

I was given a form to sign, which I had not signed anything up til that point as well as a summons to appear in mayors court in 7 days. I asked the officer if he wanted a copy of my doctors record showing that I had in fact been diagnosed with COVID a few days Pryor to the arrest. he told me to just bring it with me to court.

at court, the madistrate told me that everyone was waiting to talk to the procecuting attorney to see what could be done with thier cases and suggested that I wait to speak to him due to the fact that my case has possible jail time attached. the prosocutor told me that he would like to talk to the officer that arrested me and continued my case for * weeks. he also told me that there would be a different prosocuter at the next hearing to let me know what they are going to do..I had told him that I would like the case dismissed due to violation of speedy trial and he looked at me like I was stupid for even suggesting it. like it was not relevant.

also, the urine results did not include any kind of alcohol testing. ???