Skilled Avon Lake DUI Attorneys

We care about the people we serve and understand how important it is to protect a clean record and the ability to drive. Having defended more than a thousand OVI cases, we know how to investigate and challenge OVI charges to protect you.

If you have been charged with an OVI (operating a vehicle under the influence of alcohol or drugs), contact us today for a free telephone consultation to discuss how to protect your record, your license, your auto insurance rates and your rights.

"I would highly recommend Brian Smith and his associates to anyone who needs a very thorough, relentless, patient, and kind attorney who professionally accomplishes what he sets out to do. My case was resolved in my favor and I can't thank him enough for what he has accomplished in my behalf. If you need a great attorney, he is the one."

- Jill
Avon Lake OVI

Aggressive Defense Attorneys

The Avon Lake DUI Lawyers who believe in the presumption of innocence and "proof beyond a reasonable doubt."  Our clients trust us for providing a strategically aggressive legal defense.

53+ Years of Collective Experience Fighting DUI's

By serving as active DUI/OVI Defense Attorneys in county, municipal and mayor's courts throughout Northern Ohio, we have earned respect for our knowledge of the intricacies of Ohio OVI laws, refined our strategies to investigate and defeat charges, and sharpened our skills at persuading prosecutors, judges, and juries.

This is an area of law that is ever changing with penalties becoming harsher each year. A successful defense requires an attorney who proactively researches these changes and regularly practices as an OVI lawyer.  A successful defense also requires attorneys who understand the current scientific research and police OVI procedures. We are certified in the same NHTSA Standardized Field Sobriety Testing course and Advanced Roadside Impaired Driving Enforcement course that the police receive.

Police might charge you with an OVI for:

  • Taking a chemical test and scoring over the legal limits.
  • If the police simply believe you consumed some alcohol or drugs that adversely affected and appreciably impaired your ability to operate your vehicle, even if a chemical test shows you are below the legal limit.
  • Even if the "impairment" is due to a prescription medication, if the medication is not take in accord with directions (e.g., to avoid alcohol while using the medication)
  • If you are over-the-limit for THC, even if you have a medical card.

Drunk driving (OVI/DUI) charges may cause you to face:

  • Treatment
  • Embarrassment
  • Fines and Court Costs
  • Mandatory Incarceration
  • Restricted License Plates
  • Driver’s License Suspensions
  • Loss of Your Job and Your CDL
  • Interlock Systems You Must Pay For
  • Restrict Your Ability to Travel to Canada
  • Immobilization and Forfeiture of Your Vehicle
  • Increased Auto Insurance Rates or Cancellation

Fee Options & Plans

We provide value-based legal services that are client centered and results driven.

In addition to free initial telephone consultations, we offer flat fees and payment plans to increase access to quality legal representation.

Contact us now for a free, no obligation, confidential legal consultation to protect your rights today.

800-641-1970

Recent Cases/News

OVI Charges Dismissed:
Extensive investigations into the OVI charges against our client revealed several issues with the State's case. By presenting these issues and proactively working with our client, we obtained a dismissal of the OVI charges.
  
Bedford Municipal Court
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September 19, 2023
OVI Charges After Tip Dismissed:
Our client was stopped after a caller allegedly reported reckless driving and speeding. The State, however, failed to provide us with audio of that call. We kept the pressure on, filing a motion to compel and for discovery sanctions. This pressure, in conjunction with a thorough investigation of the evidence that was provided, assisted us in obtaining a dismissal of his OVI charges. He pled to a non-moving traffic citation instead, saving him from points to his license, a one-year license suspension, jail time and the impact of an OVI on his record.
  
Portage County Municipal Courts
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September 12, 2023
OVI Charges Dismissed:
Although our client was charged with an OVI, through a complete investigation of her charges and with strategic planning, we obtained a dismissal of the charges with her agreeing to a non-moving traffic citation instead.
  
Berea Municipal Court
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September 7, 2023
Hit and Skip Charges Dismissed:
Our client was accused of running a stop sign, causing another driver to swerve off the road. Our client found himself charged with hit-and-skip charges, which in addition to fines and jail time, would have brought a license suspension. We successfully argued that the hit-and-skip statute did not apply to him because his vehicle did not hit anything. As a result, the charges were dismissed.
  
Norwalk Municipal Court
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September 6, 2023
Yet Another OVI Dismissed:
Our client was charge with an OVI after he was stopped for speeding, subjected to field sobriety tests and refused a breath test. Through an extensive investigation of the allegations, police reports and video, we submitted a motion to suppress much of the evidence the State planned to use in their case. At the hearing over our motion, the prosecution gave in yet again - offering a dismissal of the OVI charges with our client merely pleading to traffic citations instead.
  
Stow Municipal Court
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September 5, 2023
OVI Charges After Accident Dismissed:
Our client was involved in a single vehicle accident. When the police arrived, an OVI investigation followed. Through extensive negotiations, we were able to obtain a dismissal of the OVI charges, with our client pleading to a traffic citation instead.
  
Ottawa County Municipal Court
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September 1, 2023
OVI Charges Dismissed:
Our client was stopped for a license plate light and then found himself undergoing an OVI investigation with standardized field sobriety tests and a breath test that was over-the-limit. However, upon our review we discovered that the field sobriety tests were not conducted correctly and the breath test result was actually an invalid result. By proceeding to a suppression motion hearing, we achieved a dismissal of the OVI charges with our client simply pleading to a minor misdemeanor traffic citation instead.
  
Norwalk Municipal Court
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August 30, 2023
Over-the-Limit OVI Charges Dismissed:
Our client was stopped for speeding but soon found herself undergoing standardized field sobriety tests and providing a breath test at the police station. Despite the test being over the limit, active negotiations with the prosecutor resulted in a dismissal of the OVI charges. With our client pleading to a mere non-moving citation instead, she saved herself from points to her license and the impact of an OVI on her record.
  
Vermilion Municipal Court
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August 29, 2023
OVI Charges Dismissed Entirely:
The police stopped our client because his taillights were not on. He was unfamiliar with the car because it was a rental. Despite being 71 years of age and having medical conditions, the police made him submit to standardized field sobriety tests, arrested him and had him provide a breath test. By raising several issues regarding the traffic stop and OVI investigation, we obtained a complete dismissal of the OVI charges with our merely pleading to the taillight citation.
  
Vermilion Municipal Court
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August 29, 2023
OVI Charges After Refusal Dismissed:
The police followed our client, claiming he was weaving and crossed a marked lane. They used this as justification for initiating a traffic stop that led to OVI charges. By thoroughly investigating the traffic stop, we discovered multiple issues, including video footage showing he went on but not over the marked lane. At a suppression hearing, the case was resolved with a dismissal of the OVI charges with our client pleading to a non-moving citation instead. This saved him from points to his license, an OVI on his record and a year-long license suspension.
  
Rocky River Municipal Court
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August 24, 2023
OVI Charges Dismissed:
When we obtained discovery material for our client who was charged with an OVI, we discovered substantial issues with the traffic stop as well as field sobriety tests. By raising arguments related to these issues, we obtained a dismissal of the OVI charges with our client pleading to a traffic citation instead.
  
Bedford Municipal Court
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August 22, 2023
Marijuana OVI Dismissed:
The police conducted a traffic stop of our client, arrested him, had him provide a urine sample and charged him with an OVI. The urine sample came back showing THC metabolites over the legal limit. By keeping the pressure on the state regarding their response to our discovery requests and utilizing various issues we uncovered regarding the stop, we were able to obtain a dismissal of the OVI charges.
  
Avon Lake Municipal Court
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August 9, 2023
Obstructing Official Business Charges Dismissed:
Our client was involved in a traffic stop during which the officer claimed she interfered with the stop. As a result, she was charged with obstructing official business. We leveraged potential language barriers, our client's otherwise clean record and other facts regarding the traffic stop to obtain a completed dismissal of all charges against her.
  
Avon Lake Municipal Court
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August 9, 2023
Over-the-Limit OVI Charges Dismissed:
Our client was charged with an OVI after a traffic stop during which an over-the-limit breath test sample was supplied. However, we raised multiple issues regarding the traffic stop through a suppression motion. By raising these issues, we were able to obtain a dismissal of the OVI charges with our client pleading to a non-moving traffic citation instead.
  
Fremont Municipal Court
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August 8, 2023
OVI Charges Dismissed:
During a routine traffic stop, our client was subjected to field sobriety tests and then charged with an OVI. By investigating the matter, we obtained a dismissal of the OVI charges with our client pleading to a traffic citation instead. This saved her from, among other things, and OVI to her record and high points to her license.
  
Painesville Municipal Court
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August 8, 2023
OVI Charges with Over-the-Limit Test Dismissed:
After being stopped for an alleged marked lanes violation, submitting to field sobriety tests, and providing an over-the-limit breath test result, our client was charged with an OVI. We arrived at court prepared to proceed with a suppression motion hearing when we were able to obtain a dismissal of the OVI charges with our client accepting a traffic citation instead. In addition to saving him from having an OVI on his record, he was able to walk out of court without any driver's license suspension.
  
Norwalk Municipal Court
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July 19, 2023
OVI Charges After Accident Dismissed:
Our client was involved in a singe-vehicle accident, transported to the hospital, tested and charged with an OVI. Through a thorough investigation and presentation of the State's lack of evidence of impairment (as opposed to a concussion for example), we obtained a complete dismissal of the OVI charges. Our client was also offered a diversion for the failure to control charge, resulting in all charges being dismissed.
  
Painesville Municipal Court
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July 11, 2023
OVI Charges Dismissed, CDL Saved:
Our client faced a disqualification of his commercial driver's license after he was charged with an OVI. We appealed that disqualification to put it on pause and engaged in extensive negotiations with the prosecutor, applying all leverage that we could, to obtain a dismissal of his OVI charges and vacating his administrative license suspension to not only save him from the OVI, but to also protect his CDL and his career.
  
Bedford Municipal Court
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June 22, 2023
OVI Charges Dismissed:
We obtained a dismissal of OVI charges, despite a prior OVI conviction and positive test, with our client pleading to a traffic citation instead.
  
Ottawa County Municipal Court
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June 12, 2023
OVI Charges with Over-the-Limit Test Dismissed:
After being stopped for allegedly committing a marked lanes violation, our client found herself subjected to field sobriety tests, arrested and providing a breath sample that was over-the-limit. Despite this, we obtained a dismissal of the the charges with her pleading to a traffic citation instead. This resulted, at the first court date, with her walking out of court with her license and no jail time.
  
Sandusky Municipal Court
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June 8, 2023
OVI Charges With Over-the-Limit Test Dismissed:
Our client was charged with an OVI after another person hit his vehicle. By thoroughly investigating his case, and showing that the alleged signs of impairment were more likely due to a concussion he suffered, an agreement was reached to dismiss the OVI charges with our client pleading to a non-moving citation. This protected his record and his driver's license.
  
Cleveland Municipal Court
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May 31, 2023
OVI Charges Dismissed After Accident:
Our client was alleged to have had an accident with a police car. He then quickly found himself subjected to field sobriety tests and charged with an OVI. We obtained a dismissal of the OVI charge, with him pleading to a non-moving traffic citation instead. This saved him from points to his license, a year long license suspension, and any jail or drivers intervention programs.
  
Berea Municipal Court
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May 26, 2023
OVI Charges Dismissed:
Once again, with through preparation, we obtained a dismissal of OVI charges with our client pleading to a traffic citation instead.
  
Parma Heights Mayor's Court
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May 25, 2023
Over-the-Limit OVI Charges After Accident Dismissed:
Our client was involved in a single-vehicle accident and left the scene as a family member arranged for a tow. She was called back to the scene by the police, put through field sobriety tests, provided a breath test and was cited with an OVI. By raising issues regarding the intervening time and method by which the field sobriety tests were conducted, we obtained a dismissal of the OVI charge with our client pleading to a non-moving citation. This saved her from high points to her license, an OVI on her record and a year-long license suspension.
  
Rocky River Municipal Court
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May 8, 2023
Third Lifetime OVI Charges Dismissed:
Our client was charged with a first-in-ten OVI, but a third-lifetime OVI. He also refused the breath tests, which potentially doubled the mandatory minimum penalties. Despite this, we were able to obtain a dismissal to all of the OVI citations with a plea to a non-moving citation instead.
  
Parma Municipal Court
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April 25, 2023
OVI Charges as a Result of an Accident Dismissed:
Our client was involved in a roll-over accident after which she found herself charged with an OVI. By thoroughly investigating her case, raising multiple issues regarding the lack of evidence of impairment, and through intensive negotiations we obtained a dismissal of the OVI charges. Our client pled simply to a failure to control citation and a speeding citation. As a result, she was saved from an OVI conviction on her record, a license suspension, any jail time or driver's intervention programs, and high points to her license, which would have been the result of an OVI conviction.
  
Elyria Municipal Court
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April 18, 2023
OVI Charges Dismissed:
By quickly and thoroughly investigating our client's case, we obtained the dismissal of the OVI charges with a plea to a traffic citation instead. We saved him from jail, a three-day driver's intervention program, high points to his license and a license suspension.
  
Painesville Municipal Court
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April 11, 2023
OVI Charges Dismissed:
After being charged with an OVI, our client contacted us for representation. We aggressively represented her, obtaining a dismissal of the OVI, with her pleading to a non-moving citation. As a result, she walked out of court without a license suspension or points to her driving record.
  
Berea Municipal Court
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April 6, 2023
Refusal OVI Charges Dropped:
After being stopped for allegedly speeding, our client was charged with an OVI. He performed standardized field sobriety tests and refused a breath test at the station. Negotiations resulted in an agreement to drop the OVI charges to traffic citations, saving our client from a year-long license suspension, 6 points to his driving record and the consequences of having an OVI on his record.
  
Elyria Municipal Court
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March 28, 2023
OVI Charged Dismissed:
Our client was stopped for expired license plates but he quickly found the stop escalated into a DUI investigation and charge. We raised several issues regarding the stop and, in particular, the decision to expand and prolong the stop into an investigation. These arguments resulted in a dismissal of the OVI charge with our client pleading to a non-moving citation instead. This saved him from a year-long license suspension, any jail time and points to his license.
  
Rocky River Municipal Court
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March 27, 2023
OVI and Hit/Skip Charges Dismissed:
Our client was charged with a hit-and-skip (a first-degree misdemeanor) and OVI after allegedly hitting a mailbox and testing over the legal limit. We were proactive, investigating the charges and helping to put her in the best possible position to reach a resolution. This approach was successful, resulting in the dismissal of these charges with her pleading to a non-moving citation instead. This protected her driving record from any points and saved her from a mandatory one-year license suspension.
  
North Ridgeville Mayor's Court
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March 22, 2023
OVI Charges Dropped:
After allegedly going through a red light, our client was stopped, subjected to field sobriety tests and charged with an OVI. We raised issues regarding the investigation as well as many mitigating factors for our client and as a result, the OVI charges were dropped.
  
Elyria Municipal Court
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March 21, 2023
OVI Charges Dropped for CDL Driver:
A person who holds an Ohio CDL (Commercial Driver's License) is subject to a one-year disqualification after a first-time OVI and a lifetime disqualification after a second OVI. Our client had three OVI's on his record; however, due to the timing of the first two they did not count against his CDL. However, if received another OVI he would lose his CDL, and as a result his career, for life. We raised many issues regarding his traffic stop and, as a result, obtained a dismissal of the new OVI charges with him pleading to a non-moving citation instead. This, along with having the administrative license suspension vacated, was necessary to save his CDL.
  
Rocky River Municipal Court
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March 14, 2023
OVI Charges Dropped:
After allegations of crossing marked traffic lines and providing a breath sample that was over the legal limit, our client was charged with OVIs. We got those OVI's dropped with our client pleading to a non-moving citation instead. Within two months of the citation, he walked out of court with his driver's license in hand and no license suspension, he avoided high points to his license and any jail time, and he had the $475 reinstatement fee waived.
  
Sandusky Municipal Court
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March 13, 2023
THC OVI Dismissed:
The police initiated a traffic stop of our client because they claimed her license plate light was out at about 3:30am. The traffic stop quickly escalated to OVI and marijuana possession charges. When urine test results came in, an additional charge was brought for being over the legal limit of THC metabolites. After a thorough investigation of the case, we raised issues that resulted a dismissal of the OVI charges. Our client pled instead to a non-moving violation. As a result, she received no points to her driver's license, no license suspension and no jail. She also protected her good record.
  
Fremont Municipal Court
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March 9, 2023
OVI With Urine Tests Dismissed:
After a head-on accident, our client was transported to the hospital. A state trooper initiated an investigation at the hospital and ultimately charged our client with an OVI and performed a urine test that came back with positive results. After a thorough investigation and filing multiple motions, we achieved a dismissal of the OVI charges with our client pleading to a non-moving citation. As a result, she avoided points to her license, a year-long license suspension and did not have to serve any time in jail or at a driver's intervention program.
  
Ashtabula County Court - Western
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March 1, 2023
OVI Charges Dismissed:
Our client found himself subjected to field sobriety tests after the police arrived at his vehicle due to a report of a suspicious vehicle. We raised issues regarding the initial involvement of the police, signs of impairment and the conditions under which the field sobriety tests were conducted. By doing so, we achieved a dismissal of the OVI charges with our client pleading to a non-moving citation instead. This saved him from any jail, from the driver's intervention program, from points to his license and a year-long license suspension.
  
Rocky River Municipal Court
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February 28, 2023
OVI Charges Completely Dismissed:
The police initiated a traffic stop of our client due to tinted windows, though the stop escalated into an OVI citation. Our investigation revealed that symptoms of anxiety during the stop were misinterpreted as signs of impairment. Leveraging this evidence, we obtained a complete dismissal of the OVI charges with our client merely pleading to the tinted windows citation with a fine of $10.00.
  
Stow Municipal Court
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February 27, 2023
Over-the-Limit OVI Charges Dismissed:
Despite our client providing an over-the-limit breath test, we investigated her charges and allegations to uncover several issues with the traffic stop. As a result, we were able to obtain a dismissal of the OVI charges with her pleading to a traffic offense instead. This saved her from high points on her license, an OVI on her record, and she walked out of court with her license and no suspension.
  
Norwalk Municipal Court
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February 24, 2023
Assault Charges Completely Dismissed:
Our client was charged with an assault after an altercation with a girlfriend in his home. Despite the prosecution initially demanding a plea and a month in jail, we uncovered substantial credibility issues with the "victim." As a result, all charges against our client were completely dismissed.
  
Norwalk Municipal Court
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February 24, 2023
CDL Saved After Second Lifetime Over-the-Limit OVI Charges:
Our client was charged with a second life-time OVI with an over-the-limit breath test of 0.162. His priority to was to save his commercial driver's license which was subject to an automatic disqualification after an OVI. To accomplish this, we achieved an order vacating his administrative license suspension due to issues we raised with the ALS form. We then entered into extensive negotiations with the prosecutor involving the arresting officer and judge to reach an agreement pleading down the OVI and avoiding any license suspension. As a result, we not only saved our client from an OVI conviction but we also protected his CDL and his livelihood.
  
Elyria Municipal Court
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February 14, 2023
High BAC OVI Charges Dismissed:
After being stopped for allegedly driving without headlights on, our client found herself subjected to SFSTs and giving a breath test that the police claimed was over twice the legal limit. However, through thorough preparation and extensive investigations, we obtained a dismissal of the OVI charges with our client accepting a non-moving citation instead. This saved her from points to her license and from a year-long license suspension, not to mention the problems an OVI would cause for her employment.
  
North Ridgeville Mayor's Court
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February 8, 2023
Assault Conviction Evaded:
Our client was involved in a physical altercation with another individual after she found herself charged with first-degree misdemeanor Assault with potential penalties including a $1,000 fine, six-months of jail and the obvious negative implications of having such a conviction on her record. Through investigating the allegations and extensive negotiations with the prosecutor, we obtained a dismissal of the assault charges. Our client pled to disorderly conduct instead, saving herself from any jail, high fines and the impact to her record.
  
Rocky River Municipal Court
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February 7, 2023
OVI Charges Dismissed:
Despite our client being allegedly observed drinking a beer while driving, we fought the OVI charges that were brought against him and obtained a dismissal of the charges with our client pleading to a traffic citation instead. This protected our client from a license suspension, jail time and the driver's intervention program.
  
Lakewood Municipal Court
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January 18, 2023
OVI Charges Dismissed:
After being charged with an OVI, our client sought our services for an aggressive defense. Through extensive investigation, we raised evidentiary issues regarding the case and obtained an agreement to dismiss the OVI charges with our client pleading to a traffic citation instead. This saved her from a license suspension, a driver's intervention program and jail, probation, high points to her driving record and an OVI on her record. Instead, she simply paid a small fine.
  
Bedford Municipal Court
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January 13, 2023
Hit and Skip Charges Dismissed:
Our client was involved in a minor traffic accident. When he stopped an argument ensued and he left the scene for his safety. As a result, he was charged with a traffic citation and a hit-and-skip charge. This charge carried with it a mandatory license suspension, a fine of up to $1,000 and up to six months of jail. After our investigation, we were able to obtain a dismissal of the OVI charge with our client pleading to a traffic citation with a fine of $50.00.
  
Rocky River Municipal Court
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December 8, 2022
OVI With Breath Test Dismissed:
After finding himself arrested and subjected to a breath test that read over the legal limit, our client hired us to defend him. We thoroughly investigated his case and found numerous issued including problems with the manner in which the field sobriety tests were conducted. As a result, the OVI charges were dismissed with our client pleading to a traffic citation instead. This saved him from a license suspension, high points on his license, reinstatement fees, and an OVI permanently on his record.
  
Painesville Municipal Court
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November 29, 2022
OVI Charges Against Non-English Speaking Person Dismissed:
Our client was charged with an OVI after a traffic stop. We were able to raise several issues in his case, including the fact that instructions for the field sobriety tests were given in English even though our client's understanding of English was limited. The OVI charges were ultimately dismissed and a plea to a traffic station instead saving him from high points to his license, an OVI on his record and a license suspension.
  
Painesville Municipal Court
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November 29, 2022
OVI Charges Dismissed:
OVI charges were dismissed after we successfully raised issues regarding discrepancies between the police reports and video with the court.
  
Rocky River Municipal Court
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November 1, 2022
OVI Charges Dismissed:
After raising several issues regarding alleged indications of impairment as well as issues with field sobriety tests, we obtain a dismissal of OVI charges for our client with her accepting a plea to a non-moving traffic citation instead.
  
Berea Municipal Court
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October 20, 2022
Administrative License Suspension Appeal Won:
When a person is arrested for an OVI and either refuses to take a chemical test or takes a test and the result is over-the-limit, they are immediately placed under an administrative license suspension. For a CDL driver, such as our client, this triggers a one-year disqualification of the CDL for a first, and lifetime disqualification for a second. While representing our client for an OVI charge, we appealed his administrative license suspension and prevailed, getting his suspension vacated. As a result, his CDL was also protected.
  
Elyria Municipal Court
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October 6, 2022
OVI Charges Dismissed:
Our client found himself charged with an OVI after he was stopped for "weaving." However, we showed that he did not cross any marked lanes and as a result there were significant issues with the traffic stop. As a result, the OVI charges were dismissed, with our client pleading to a non-moving citation instead. He saved himself from high points, a year long license suspension and a mandatory driver's intervention program.
  
Rocky River Municipal Court
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October 4, 2022
OVI Charges Dismissed:
After being stopped for allegedly driving too slow, our client found herself charged with an OVI. We obtained a dismissal of the OVI charges by showing that driving slow is not an offense unless other traffic is impeded. She agreed to plead to a non-moving citation instead, saving herself from a year-long license suspension and high points to her license.
  
Rocky River Municipal Court
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October 4, 2022
Refusal OVI Charges Dismissed:
After our client was charged with an OVI after allegedly refusing a breath test, we quickly got his case set for a pre-trial and achieved a dismissal of the OVI charges with an agreement to a plea to traffic offence instead. This resulting in an immediate return of his license.
  
Sandusky Municipal Court
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September 20, 2022
OVI With Over-the-Limit BAC Dismissed:
Although our client was charged with an OVI after a traffic stop and providing a breath test that was over the limit, we reached an agreed to dismiss the OVI charges with our client pleading to traffic citations instead. Among other things, this saved her from a year-long license suspension.
  
Elyria Municipal Court
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September 13, 2022
Over-the-Limit OVI Charges Dismissed:
Although our client was charged with an OVI after the police claimed he provided an over-the-limit breath test, we obtained a dismissal of his OVI charges with him pleading to a traffic citation instead. This saved him from a year-long license suspension and potentially saved his job and protected his military career.
  
Sandusky County Municipal Court - Clyde
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September 9, 2022
Assault Charges Dismissed:
Our client was charged with assault and unlawful restraint. By thorough investigation and extensive negotiations, a complete dismissal of the charges was obtained.
  
Avon Lake Municipal Court.
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September 1, 2022
OVI Charges Dismissed:
Our client was charged with an OVI. When we investigated the case, we found a lack of evidence to support the charges, in part because the field sobriety tests the state was relying upon were conducted in a snow storm and were therefore unreliable. Ultimately, an agreement was reached to dismiss the OVI charges with our client pleading instead to a non-moving traffic citation.
  
Avon Lake Municipal Court
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September 1, 2022
OVI and Hit/Skip Charges Dismissed:
Although our client was facing mandatory license suspensions for both OVI charges and Hit/Skip charges, we obtained a dismissal of both charges with our client accepting a non-moving citation instead with neither any points to her license or any license suspension.
  
Brooklyn Mayors Court
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August 23, 2022
OVI Charges Dismissed:
Although our client had a prior OVI conviction and prior OVI reduction, thereby facing enhanced penalties, we investigated his new OVI charge thoroughly, raised evidentiary issues, and engaged in intensive negotiations with the prosecution to reach an agreement to dismiss the OVI charges with our client pleading to a traffic citation instead.
  
Ottawa County Municipal Court
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August 22, 2022
OVI Charges Dismissed - License Saved:
Although our client was charged with an OVI after providing a breath test that was about twice the legal limit, we were quickly able to obtain a dismissal of the OVI charges with our client simply pleading to a traffic citation instead. This saved our client from a year-long license suspension, high points on his license, and the impact of an OVI to his auto insurance and future employment opportunities.
  
Sandusky Municipal Court
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August 16, 2022
Second in 10 OVI Charges Dismissed:
After our client was charged with a second-in-ten OVI, we started to investigate the case. It was soon discovered that the police did not have or provide video referenced in the police report. As a result, an agreement was reached to dismiss the OVI charges.
  
Elyria Municipal Court
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August 4, 2022
OVI Charges Dismissed:
With thorough preparation and research, we obtained a dismissal of OVI charges against our client with him pleading to a non-moving citation instead.
  
Bedford Municipal Court
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July 26, 2022
Second-in-Ten OVI Charges Dismissed:
By investigating the breath tests being used against our client, we discovered that the breathalyzer that was used was not properly maintained and calibrated. Using this evidence, our client avoided second-in-ten OVI charges and the mandatory penalties that would have come with those charges.
  
Ottawa County Municipal Court
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June 16, 2022
Over-the-Limit OVI Charges Dismissed:
Our client was charged with an OVI after the police initiated a traffic stop for a burnt out headlight and alleged improper turn, completing field sobriety tests, and obtaining a breath test that was over the limit. We aggressively defended against the charges raising issue with the traffic stop, obtaining a dismissal of the OVI charges.
  
Rocky River Municipal Court
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June 14, 2022
Second OVI in Ten with Urine Test Results Dismissed:
After our client was stopped for not having his headlights on, he quickly found himself subjected to field sobriety tests, arrested and providing a urine same that showed positive for alcohol. We raised issues regarding the lack of signs of impairment, the field sobriety tests and the reliability of the urine test result that also showed positive for glucose. When glucose is present, there is the possibility that the sample can ferment and create alcohol. As a result of these challenges, an agreement was reached to dismiss the OVI charges with our client pleading to a non-moving citation instead.
  
Fremont Municipal Court
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May 31, 2022
Marijuana OVI Charges Completely Dismissed:
After our client's car got stuck, he found the police were called, he was arrested, and he was subjected to a urine test. Casual users of marijuana, even if they have a medical card, often find themselves subjected to OVI charges when urine test results come back showing use - even though not use on the day of citation. Through a thorough evaluation of the urine test results and raising issues with the tests, we were able to obtain a complete dismissal of all OVI charges against our client.
  
Oberlin Municipal Court
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May 18, 2022
OVI Charges Dismissed:
Our client was charged with an OVI after she tested over-the-limit on a breath test. We obtained an agreement to dismiss the charges with her pleading to a non-moving citation instead. This saved her from points to her license, the impact to her auto insurance, from a year-long license suspension and from having to attend the driver's intervention program.
  
Rocky River Municipal Court
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May 5, 2022
Over-the-Limit OVI Charges Dismissed:
Our client was charged with an OVI after a traffic stop in the winter during which she agreed to perform field sobriety tests in her socks as opposed to her boots. We fought the charges, filing a suppression motion and scheduling a hearing. We raised issues regarding the reason for the stop, whether there was a reasonable suspicion sufficient to justify expanding stop into an OVI investigation, whether the field sobriety tests were performed correctly given the circumstances, and whether the breath test result was reliable and admissible. As a result, we obtained dismissal of all OVI charges.
  
Rocky River Municipal Court
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April 28, 2022
Assault Charges Completely Dismissed:
Our client was charged with an assault after an altercation, during which the police relied entirely on the other person's version of events. By raising several evidentiary issues with the case, we obtained a dismissal of the charges for our client.
  
Ottawa County Municipal Court
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March 30, 2022
Over-the-Limit OVI Charges Dismissed:
After our client was stopped by the policy, they immediately suspected that she was impaired despite having a medical condition that could present symptoms that could be confused with impairment. However, she was arrested for an OVI and provided a breath test that was over-the-limit. Through leveraging missing information in the police reports and explaining how the medical condition could have affected the officer's interpretation of events, we obtained a dismissal of the OVI charges.
  
Ottawa Municipal Court
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March 22, 2022
OVI Charges Dismissed:
Our client was charged with an OVI and an over-the-limit test, but through our representation, we obtained a dismissal of the charges.
  
Rocky River Municipal Court
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March 1, 2022
OVI With Over-the-Limit Test Dismissed:
Our client was pulled over after a caller made a tip and he found himself ultimately charged with an OVI after providing an over-the-limit test. He, like many, had Great Lakes Christmas Ale, which is a stronger beer. In the end, the OVI was dismissed with a plea to a non-moving violation.
  
Huron Municipal Court
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February 15, 2022
High BAC OVI Dismissed
After being stopped for having a license plate light out, our client found herself subjected to field sobriety tests, placed under arrest, given a breath test, and charged with an OVI. As a result of our representation, the OVI charge was dismissed.
  
Rocky River Municipal Court
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January 25, 2022
Over-the-Limit OVI Charge Dismissed:
Our client was stopped for a marked lanes violation. Rather than simply issuing a citation, the police expanded and prolonged the traffic stop to investigate a suspected OVI based solely on our client's bloodshot eyes. We raised arguments with respect to whether this was sufficient cause to expand and prolong the determination while we also challenge breath test results based on the maintenance and calibration of the breath test machine. As a result, the OVI charges were dismissed.
  
Ottawa County Municipal Court
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January 24, 2022
OVI Charges with Urine Test Results Dismissed:
After our client was involved in an auto accident, he found himself arrested and charged with an OVI. He also provided a urine sample to evaluate. The OVI was ultimately dismissed and our client received only a non-moving citation instead.
  
Euclid Municipal Court
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January 19, 2022
Marijuana OVI Charge Dismissed:
After being pulled over for having a headlight out, our client found himself being asked to submit to field sobriety tests, arrested, and providing a urine sample. The state, however, failed to provide the urine test results until five days before the trail. After motions to compel and motions to exclude evidence of the late urine test and other evidence, we obtained a dismissal of the OVI. This saved our client from an OVI conviction on his record, six points to his driving record and a year-long minimum license suspension.
  
Norwalk Municipal Court
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January 6, 2022
Second-in-Ten OVI Charges Dismissed:
After experiencing a flat tire, our client found the police arrive to put him through field sobriety tests and have him submit to a breath test that resulted in a high reading. Facing a mandatory minimum of twenty-days of jail for a second-in-ten OVI, he contacted us for help. In addition to arguing his case, we showed that the prior OVI was from another state and Ohio could not show it was an actual DUI conviction. As a result, our client avoided a second-in-ten OVI and any jail time.
  
Elyria Municipal Court
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January 4, 2022
OVI Charges Dismissed:
After our client was charged with an OVI, we obtained a copy of the police reports and videos that showed very few signs of impairment. We used this evidence to push forward in obtaining a dismissal of the OVI charges.
  
Erie County Municipal Court
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December 22, 2021
OVI Charges Dismissed - CDL Saved:
Our client faced a disqualification of his CDL after being charged with an OVI. Through aggressive representation, we achieved a dismissal of his OVI charges and resolved the case with no license suspension and no loss of his CDL.
  
Ottawa County Municipal Court
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December 22, 2021
Commercial Drivers License Saved after OVI Charge:
Our client carried a Commercial Driver's License (CDL) for work. CDL's are disqualified for one-year after a first-time OVI and for life after a second-time OVI. When our client was charged with an OVI, we worked diligently with the prosecutor and court to obtain a dismissal of the OVI charges as well as getting his administrative license suspension vacated to save his job and CDL.
  
Ottawa County Municipal Court
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November 29, 2021
OVI Charges Dismissed:
Our client was charged with an OVI after a traffic stop and refusing to take a breath test. By proceeding with great care, we were able to reach a dismissal of the OVI charge, saving our client from a year-long license suspension and high points to her license
  
Strongsville Mayor's Court
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November 23, 2021
OVI Charges Dismissed:
Although our client was stopped for speeding and ultimately provided an over-the-limit breath test, we worked his case to the fullest extent possible to obtain an agreement to dismiss the charges with a plea to a non-moving citation instead. As a result, he was saved from points to his license and a year-long license suspension.
  
Sandusky County Court - Clyde
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November 18, 2021
OVI Charges Dismissed and Driver's License Suspension Avoided:
Our client was charged with an OVI after submitting to both breath and urine tests. Through researching the discovery material from the State, proactive steps and negotiations with the prosecutor, and agreement was reached to dismiss the OVI charges saving our client from the strict OVI penalties and avoiding any license suspension
  
Olmsted Falls Mayor's Court
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November 2, 2021
Marijuana OVI Charges Dismissed:
Our client was charged with an OVI, for testing over the limit for THC metabolites, possession of marijuana, paraphernalia and speeding in a school zone. Through researching her case and analyzing the reports, video and testing results, we raised several legal arguments for her that lead to a dismissal of all of these charges, with her instead pleading to a non-moving violation. Her license suspension was also vacated.
  
Sandusky County Court - Woodville
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October 27, 2021
Refusal OVI Charges Dismissed:
Our client was charged with an OVI after a traffic stop, standardized field sobriety tests, and refusing a breath test. Through extensive negotiations, we prevailed in obtaining a dismissal of the OVI charge with our client accepting a plea to a lesser citation and without the harsh penalties and effects of an OVI conviction.
  
Elyria Municipal Court
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October 7, 2021
Refusal OVI Charges Dismissed:
Our client was charged with an OVI, and refused a breath test, after the police got involved because his vehicle was stuck off the side of the road. Through extensive negotiations and planning, an agreement was reached to dismiss the OVI charges with our client pleading to a non-moving citation instead.
  
Vermilion Municipal Court
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October 5, 2021
Over-the-Limit OVI Charges Dismissed:
A police officer initiated a traffic stop after allegedly receiving a telephone call reporting an impaired driver. The traffic stop resulted an OVI charges that would have brought a mandatory one-year license suspension and the potential for jail time. However, we obtained a dismissal of the charges with our client pleading to another traffic offense. This avoided an OVI on his record and year-long license suspension.
  
North Ridgeville Mayor's Court
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September 15, 2021
OVI with .232 BAC Dismissed:
Our client was charged with an OVI after a traffic stop and providing a breath test result that the police alleged to be .232, well over the legal limit. However, after extensive negotiations an agreement was reached to dismiss the OVI, with our client agreeing to a non-moving citation instead, preventing a year-long license suspension and points to his driving record.
  
Cleveland Municipal Court
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August 31, 2021
OVI Charges Dismissed:
Our client was charged with an OVI after failing field sobriety tests and refusing a breath test. However, through researching the reports and body cam, and through negotiations with the prosecutor, we achieved an agreement to dismiss the OVI in exchange for a plea to a non-moving violation with no license suspension, no points to her license, no jail, and no drivers intervention program.
  
Parma Municipal Court
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August 23, 2021
OVI Charges Dismissed - Saving Military Career:
By raising issues with respect to a traffic stop, we were able to reach an agreement that avoided an OVI charge or any alcohol related charge, which would have caused our client a great deal of concern with his military career and security clearances.
  
Erie County Municipal Court
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August 4, 2021
OVI Charges Dismissed:
After raising several evidentiary issues, we were able to persuade the prosecutor and judge to agree to a dismissal of the charges with our client pleading to merely a minor misdemeanor with a maximum fine of $150.00, no license suspension, no jail, no probation, and no driver's intervention program.
  
Sandusky County Court - Clyde
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August 3, 2021
Third in 10 OVI Dismissed:
Our client was charged with a third-in-ten OVI, which carries with it for a refusal case 60 days of jail, forfeiture of the vehicle, mandatory license suspension and high fines. However, by raising evidentiary issues regarding proof of his operating a vehicle and taking other proactive steps, an agreement was reached to dismiss the OVI charges with our client pleading to a non-moving citation instead.
  
Elyria Municipal Court
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July 12, 2021
Hit and Skip Penalties Avoided:
Our client was charged with a violation of Revised Code 4549.02, a hit and skip statute, after an accident involving a fire hydrant and bushes. That statute, however, applies only to accidents on the road. Because it carries with it 4 points, a mandatory license suspension and the possibility of up to 6 months in jail, he chose to hire use to help protect himself. We addressed the issue that he was charged under the wrong statute through extensive negotiations and legal briefs. On the day of trial, we prevailed with our arguments and our client escaped this ordeal with a fine of $350, but no license suspension, no jail time and no probation.
  
Avon Lake Municipal Court
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July 8, 2021
OVI Charges Dismissed:
Through extensive negotiations, we were able to obtain a dismissal of OVI charges against our client.
  
Huron Municipal Court.
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June 29, 2021
OVI Charges Dismissed:
Despite having an over-the-limit test, we succeeded it getting OVI charges against our client dismissed on the first court date.
  
Painesville Municipal Court
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June 22, 2021
Over-the-Limit OVI Charges Dismissed:
Our client was cited for an OVI when he tested over the legal limit during a traffic stop. Through extensive preparation and negotiations, we reached an agreement with the prosecutor to dismiss the OVI charges with a plea to a non-moving citation instead, which saved our client for a year-long license suspension, points to his license and the implications of an OVI conviction on future job opportunities.
  
Lorain Municipal Court
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June 16, 2021
OVI Charges Dismissed:
Our client was charged with an OVI after being involved in an auto accident on slushy roads and testing over the legal limit. We raised arguments, pointing out that many clues of impairment were missing. As a result, an agreement was reached to dismiss the OVI charges.
  
Elyria Municipal Court.
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May 26, 2021
OVI Charges Dismissed:
After extensive preparation and negotiations in this case, on the morning of the trial, an agreement was reached from the State to dismiss the OVI charges against our client with him agreeing to plead to a non-moving citation instead.
  
Cleveland Municipal Court
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May 24, 2021
OVI DUS Dismissed:
Our client was charged as the result of driving under an administrative license from an OVI charge. Such a driving under an OVI suspension carries with it mandatory jail time, an additional license suspension and high fines. We showed the court that there were problems with the citation that was issued and argued that he should not have been placed under the license suspension to begin with. As a result, the prosecutor offered to dismiss the OVI charge and have our client agree to a minor misdemeanor charge with only at $100.00 fine. Our client and agreed and the case was resolved in his favor.
  
Ottawa County Municipal Court
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May 21, 2021
StarStarStarStarStar

"Charge Dismissed.  5 stars. Very professional and results oriented. Got my OVI charge dismissed. Always helpful and responsive to any questions I had. Would 100% recommend if you find yourself needing legal assistance in an area of his expertise. Thanks again Brian!"
Nathan

StarStarStarStarStar

"THANK YOU John for helping me tonight with my OVI case! I am so happy/thankful with what it got reduced to vs. what I was charged with! I was so scared and you truly made magic happen!! I will be forever grateful! Thank you! Thank You! Thank You!"
Amanda

StarStarStarStarStar

"Great lawyer.
Brian knows what he's doing he got all charges of my DUI dropped best attorney."
Lowell

StarStarStarStarStar

"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!!"  
Jennifer

StarStarStarStarStar

Brian did a great job filing all the motions on time. He always answered all my questions any time day or night. He kept me up to speed on my case and was very honest with the expectations on what he thought would happen. I ultimately won my case and went back to a normal life afterwards. That's all that I could wish for and it came true. Thank you Brian for doing a great job." Christopher

StarStarStarStarStar

"Brian and John are the best .They go all out for you. Thank you John and Brian u guys are awesome"
Michele

StarStarStarStarStar

"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." Sonya

StarStarStarStarStar

"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!"
Tiffinie

StarStarStarStarStar

"10/10 recommend!!! VERY professional and thorough with what he does! He helped me get my DUI dropped to a reckless opp and my license suspension was only 3 months. I blew a .126.  If you have any fears at all he will definitely help you with that all the way to the end! Very affordable and also will do payments.  I couldn't be more happy and grateful"
Lindsay

StarStarStarStarStar

"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!"
Chris

StarStarStarStarStar

"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!"  
Amanda

StarStarStarStarStar

"Brian Smith is the best! He handled my claim in a most timely manner an professional manner. Could not have done this by myself. Bravo!!!"
Doris

StarStarStarStarStar

"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." Sonia

OVI, DUI or DWI?

OVI is the acronym that refers to a violation of Ohio Revised Code Section 4511.19, "operating vehicle under the influence of alcohol or drugs."  It is still commonly referred to as a DUI (driving under the influence), or even DWI (driving while intoxicated), which are simply old acronyms.  All of these mean the same thing, which are charges of a violation of the Ohio Code Section 4511.19, or  a similar municipal ordinance.      
Avon Lake Municipal Court
Avon Lake, Ohio Municipal Court
32855 Walker Rd, Avon Lake, OH 44012
http://www.avonlakecourt.com/
Judge Darrel A. Bilancini
Avon Lake Docket Search
Avon Lake Forms
Avon Ordinances
Avon Lake Ordinances
Sheffield Village Ordinances

Avon Lake Municipal Court Jurisdiction:
Avon, Avon Lake, Sheffield Village

We regularly serve as defense attorneys in the Avon Lake Municipal Court, offering meetings at our clients' homes or office locations below as is most convenient to the people we serve.
Lorain County Bar Association

Out-of-Office Notice - through August 3, 2023

While we typically encourage and provide free consultations every day, Mr. Smith will be unavailable to provide consultations until August 4, 2023. He will be available for free consultations after that time.

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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.