I represented a woman in the Franklin County Municipal Court who was charged with an OVI offense by the Westerville Police Department. The client also has 1 prior conviction for an OVI offense. The c...lient performed the field sobriety tests with near flawless precision. I convinced the prosecuting attorney that there was no probable cause for the arrest and he agreed to reduce the charged to Reckless Operation of a Motor Vehicle and I was able to avoid jail time for the client.
DUI and DWI
State v. Acomb
Apr 15, 2015
OUTCOME: OVI Dismissed
Client was charged with a DUI in the Westerville, Ohio Mayor's Court after testing under the legal limit on a breath test and a urine test. I was able to get the prosecuting attorney to dismiss the DU...I charge against the client in exchange for a plea to a minor misdemeanor traffic offense.
DUI and DWI
State v. Chilcote
Sep 29, 2014
OUTCOME: Reduced to Reckless Operation
Client was arrested and charged with an OVI offense in Columbus, Ohio after an officer pulled him over for allegedly driving outside his lane of travel. I filed a motion to suppress in which I argued ...that the cruiser video system did not demonstrate that the client drove outside his lane of travel. After I exposed weaknesses in the State's case, the prosecutor agreed to amend the charge from a DUI to a Reckless Operation offense and I was able to keep the client out of jail.
Criminal defense
State of Ohio v. K.T. (Knox County, Ohio)
Sep 06, 2013
OUTCOME: Dismissal of Rape and Gross Sexual Imposition
Attorney Michael Probst of Probst Law Office, Inc., in Columbus, Ohio was retained to represent a young man in Knox County, Ohio who was indicted on 1 count of Rape, a first-degree felony and 1 count o...f Gross Sexual Imposition, a fourth-degree felony, in April 2013. The charges were brought after an 18 year old girl claimed that Attorney Probst’s client forcibly raped her in the back bedroom of an apartment following an alcohol fueled night of partying.
The client advised me from the beginning that there had been a sexual encounter; however, it was consensual. When our office received the discovery packet from the prosecuting attorney, we learned that the client rejected an offer from a friend to go to the hospital for an examination on the night of the alleged incident. Additionally, the alleged victim did not report the alleged sexual assault until more than two weeks later. We also received evidence from the prosecuting attorney that our client allegedly sent text messages to the alleged victim wherein he allegedly confessed to the rape.
Our office immediately began conducting our own internal investigation, which included issuing subpoenas for cellular telephone records of our client and for the alleged victim. Our investigation revealed that our client had not in fact sent any text messages to the alleged victim on the date and time that the evidence demonstrated. Our conclusion was that the alleged victim had falsified text messages to make it appear that our client had sent them.
After conducting our investigation, Attorney Michael Probst contacted the prosecutor and advised him that our client did not send text messaged to the alleged victim and that it appeared as if she had falsified evidence. Attorney Michael Probst also pointed out that law enforcement officers failed to do a thorough investigation of the allegations prior to turning the matter over to prosecutors.
Following their own internal investigation, prosecutors for the State of Ohio agreed that evidence appeared to have been falsified or manipulated and dismissed all charges against our client! This is largely unprecedented to have Rape charges and other sexual offense charges outright dismissed. This is a fantastic result for the client and demonstrates how solid investigation wins cases.
DUI and DWI
State of Ohio v. Adolph - Case No. 2013 TR C 116813 (Franklin County)
Jun 24, 2013
OUTCOME: OVI Reduced to Reckless Operation
Client was arrested in the early morning hours for excessively speeding in his vehicle. Police officers removed client from his vehicle to investigate whether he was driving while impaired. At first, c...lient denied drinking alcohol, but later admitted to drinking alcohol after being questioned by officers. Client performed field sobriety tests at the request of officers and was then arrested and charged with OVI and other traffic offenses. In Court, I filed a motion to suppress evidence on behalf of my client and exploited problems with the State's case. I subsequently negotiated a plea to a reduced charge of Reckless Operation and avoided an OVI / DUI conviction for client.
