DUI Charge Reduced After Careful Review of the Evidence
Our review of the body cam and our validation of the previous encounter went quite well in this case.
We were recently able to get the prosecutor and the Court in a mid-Ohio court to reduce a DUI for a young woman who had what one would call a very bad night (before the arrest).
She had been fleeing a violent encounter with another person, and (nevertheless) did relatively well on the field sobriety tests administer by an Ohio State Trooper.
Our review of the body cam and our validation of the previous encounter went quite well in this case.
DUI Reduced to Reckless Op in Mayor’s Court – Language Barriers Didn’t Stop This Win
In a suburban Ohio mayor’s court, we successfully reduced a new U.S. citizen’s DUI charge to a minor traffic offense by highlighting language barriers and compelling mitigating factors, allowing the prosecutor to show empathy and preserve our client’s clean record after a single regrettable mistake.
We just got done getting a client's DUI case reduced in a suburban mayors court.
The client had some language barriers, and we were able to produce mitigating factors and other issues that allowed the prosecutor to have some empathy for the client and give the reduction.
This was important to the client because he's a recent citizen, and did not want to blemish his new arrival with a once in a lifetime mistake.
Client was very pleased.
Increased Police Patrols During the Holidays: Your Rights in a Traffic Stop
From Thanksgiving through New Year’s Eve, police departments and the Ohio State Highway Patrol traditionally increase their presence with targeted patrols and additional sobriety checkpoints aimed at preventing impaired driving.
The holiday season brings celebrations, family gatherings, and travel — but it also brings a significant increase in law enforcement activity on Ohio’s roads.
From Thanksgiving through New Year’s Eve, police departments and the Ohio State Highway Patrol traditionally increase their presence with targeted patrols and additional sobriety checkpoints aimed at preventing impaired driving.
While these efforts are intended to keep communities safe, they also result in more traffic stops — many of which have nothing to do with impaired driving. Whether you’re traveling to a holiday party or heading out for seasonal shopping, it’s important to understand your rights and your responsibilities if you are stopped by law enforcement this time of year.
Why Police Presence Increases During the Holidays
Statistics consistently show a spike in alcohol-related incidents between late November and early January. To reduce preventable injuries and fatalities, officers focus on:
DUI/OVI enforcement
Speeding and aggressive driving
Distracted driving
Seatbelt compliance
Late-night patrols near restaurants and entertainment districts
While these strategies may reduce crashes, the increased volume of stops can also lead to misunderstandings, rights violations, or escalated legal consequences for drivers who are unsure how to navigate the situation.
Your Rights During a Traffic Stop
Even during heightened enforcement, your constitutional rights remain the same. Knowing them can help you stay calm, safe, and legally protected.
1. You Have the Right to Remain Silent
You must provide your name, driver’s license, registration, and proof of insurance — but you do not have to answer questions like:
“Have you been drinking?”
“Where are you coming from?”
“Where are you headed?”
Politely stating, “I prefer not to answer questions,” is enough.
2. You Have the Right to Decline Vehicle Searches
Officers need your permission, probable cause, or a warrant to search your vehicle.
You may respectfully state:
“I do not consent to a search.”
3. You Have the Right to Ask if You're Free to Leave
If you are not being detained or arrested, you can ask:
“Am I free to go?”
If the officer says yes, you may leave calmly and safely.
4. You Have the Right to Legal Counsel
If you are arrested, you do not have to answer questions without an attorney present.
Invoke this right clearly:
“I want to speak with an attorney.”
What to Expect if Asked to Perform Field Sobriety Tests
During holiday patrols, officers may request:
Horizontal gaze nystagmus (eye test)
Walk-and-turn test
One-leg-stand test
These tests are voluntary in Ohio. Politely declining cannot be used as evidence of guilt — but refusing a chemical breath test after arrest may carry administrative penalties under Ohio’s implied consent laws.
How to Protect Yourself During a Holiday Traffic Stop
Stay calm and respectful — confrontational behavior can escalate even routine stops.
Keep your hands visible and avoid sudden movements.
Do not admit to wrongdoing — statements can be misinterpreted or used against you.
Document the interaction as soon as you’re able. Write down:
Patrol car numbers
Officer names
Time and location
Any statements made
If you believe your rights were violated, an attorney can review these details to determine your options.
When to Contact an Attorney
If you are charged with DUI/OVI or feel you were treated unfairly during a holiday traffic stop, contacting experienced legal counsel is essential. Cases that occur during “high enforcement” periods often move quickly — and mistakes made early in the process can affect the outcome.
Lipson O'Shea Legal Group has decades of experience defending individuals facing DUI, traffic, and criminal charges across Northeast Ohio. We understand the complexities of holiday enforcement patterns and know how to protect your rights when it matters most.
We’re Here to Help — Even During the Busiest Time of Year
The holidays should be a time of joy, not legal stress. If you find yourself in a difficult situation on the roadway this season, our team is here to help you navigate the process with clarity, compassion, and trusted legal support.
Contact Lipson O’Shea Legal Group anytime for a confidential consultation.
What's an ALS Appeal in a DUI Case?
If an arrested person tests over the legal limit or refuses to take the test, then that person's driver's license will be suspended pursuant to what is called an "Administrative License Suspension."
When a driver is pulled over for a traffic offense, and when that driver is also subsequently arrested for a DUI offense, the officer will most often take that person to a police station to do what is called "blow" into the blood alcohol content ("BAC") machine.
If that arrested person tests over the legal limit (.08 BAC for a person over the age of 21 and .04 for a person under the age of 21), or if that person refuses to take the test, then that person's driver's license will be suspended pursuant to what is called an "Administrative License Suspension" (an "ALS").
Although the police officer does all of the work, this ASL suspension is technically issued by the Ohio Bureau of Motor Vehicles (the "BMV") based upon the actions and investigation of the arresting officer.
The ALS goes into effect the very moment that the arrested person tests over the legal limit or refuses the test.
If the arrested person wants to challenge the ALS, he or she can file what is called an "ALS Appeal." This ALS Appeal is filed and litigated in the very court that is presiding over the DUI charge.
Most Courts give the ALS Appeal its own separate case number, and assign all of the proceedings associated with the ALS Appeal on the same dates that are set with the DUI charge. The hearing must be scheduled within 5 days, although as a practical matter the hearing is usually set more than 15 days after the filing of the appeal.
The local prosecutor assigned to the DUI charge is assigned to represent the BMV on the ALS Appeal.
In the ALS Appeal hearing, the prosecutor will have to prove the following things to the satisfaction of the judge: (1) whether the arrest was made with probable cause, (2) whether the BAC test was properly requested, (3) whether the defendant was made aware of consequences of refusal or failure, and (4) whether the defendant refused or tested over the limit.
As a practical matter, most times the prosecutor will be able to prove these things - but sometimes, with an experienced DUI defense lawyer, they will have some difficulty. If there is some difficulty, the prosecutor and the defense lawyer will often attempt to work out a deal on the ALS issue or a plea on the case as a whole. It should be noted that even if a skilled defense lawyer succeeds in getting the ALS terminated, the trial court presiding over the DUI case can "replace" the ALS with a regular DUI pretrial suspension.
The ALS Appeal is similar to another DUI pretrial proceeding called a "Motion to Suppress." The two motions and the proceedings sometimes address a number or the same issues. However, the motion to suppress covers many more issues than an ALS Appeal, and if the Court grants any portions of a motion to suppress, much, if not almost all, of the prosecutor's DUI case is thrown out before trial.