04/22/2019
- CASE WAS FILED WITH COURT
- CASE SET FOR A ARRAIGNMENT ON 04/24/2019 AT 8:30 AM
- MOVING VIOLATION COSTS FOR CASES ON & AFTER 10/16/09 $102.00
04/24/2019
- CASE SET FOR A PRE-TRIAL ON 05/15/2019 AT 9:00 AM
- BOND SET AT $1,000.00 PERSONAL
- MOTION FOR DRIVING PRIVILEGES FILED
04/25/2019
- JOURNAL ENTRY(LIMITED DRIVING PRIVILEGES DURING ALS)
- GRANTED FROM 5/5/19 TO 5/15/19 FOR OCCUPATIONAL MEDICAL,
- FOR DEFENDANT AND GRANDMOTHER, NECESSITIES.
- ATTORNEY'S OFFICE NOTIFIED BY THE CLERK(KN)
05/15/2019
- MOTION TO EXTEND TIME FOR FILING PRETRIAL MOTIONS FILED BY
- ATTY NICI(WILL BE ADDRESSED ON 5/29/19)
- MOTION FOR DISCOVERY FILED BY ATTY NICI
- CASE SET FOR A PRE-TRIAL AND MOTIONS HEARING ON 5/29/19 AT
05/29/2019
- CASE SET FOR A SUPPRESSION ON 07/17/2019 AT 10:00 AM
- PRINTED NOTICE TO APPEAR FOR OFFICER SOTO, JOSE
- AGENCY SV VILLAGE OF SHEFFIELD
06/06/2019
- MOTION TO SUPPRESS ORAL HEARING REQUESTED;MOTION TO TERMI-
07/17/2019
- CASE CONTINUED AT THE REQUEST OF THE PROSECUTOR
- CASE SET FOR A SUPPRESSION ON 08/21/2019 AT 10:00 AM
- PRINTED NOTICE TO APPEAR FOR OFFICER SOTO, JOSE
- AGENCY SV VILLAGE OF SHEFFIELD
- SPOKE WITH ATTY NICI RE:ALS.ADVISED TO GIVE DEFT DRIVING
- PRIVILEGES TO 7/19/19.DEFT WILL REINSTATE WITH THE BMV AT
08/21/2019
- CASE SET FOR A SUPPRESSION ON 10/09/2019 AT 10:00 AM
- PRINTED NOTICE TO APPEAR FOR OFFICER SOTO, JOSE
- AGENCY SV VILLAGE OF SHEFFIELD
10/09/2019
- CASE SET FOR A PRE-TRIAL ON 11/06/2019 AT 9:00 AM
- RECORDING REQUEST FILED BY FAX BY ATTORNEY NICI
10/10/2019
- PAYMENT - RECEIPT NO. 1902900 IN THE AMOUNT OF $ 25.00
10/11/2019
- THIS MATTER COMES BEFORE THE COURT ON DEFENDANT'S MOTION TO
- SUPPRESS EVIDENCE RELATED TO HIS ARREST AND THE CHARGES OF
- OVI, A VIOLATION OF SHEFFIELD ORDINANCES 333.01(A)(1)(A)
- AND(D) AND REASONABLE CONTROL, A VIOLATION OF ORD 333.08.
- THE GROUNDS CITED IN THE MOTION AND AT THE HEARING ARE
- THAT: 1. THERE WAS NO REASONABLE SUSPICION TO CAUSE THE
- OFFICER TO CONDUCT AN INVESTIGATORY STOP, 2. THERE WAS NO
- REASONABLE SUSPICION TO CAUSE THE OFFICER TO PERFORM FST'S,
- 3. THERE WAS NO PROBABLE CAUSE TO ARREST, AND
- 4. THE BREATH TESTING MACHINE WAS NOT PROPERLY CHECKED
- AS REQUIRED BY OAC 37011-53-04(A).
- IN THE PRESENT CASE THE DEFENDANT'S MOTION DID ASSERT THE
- FAILURE OF THE VILLAGE TO CALIBRATE THE TESTING DEVICE.
- THEREFORE THE PROSECUTION WAS COMPELLED TO PRESENT EVIDENCE
- OF THE VILLAGE'S COMPLIANCE WITH THE RFI TEST. IT S FAILURE
- TO PRESENT ANY EVIDENCE NEGATES THE SHIFT OF THE BURDEN TO
- SHOW PREJUDICE AND REQUIRES THE COURT TO SUPPRESS THE
- RESULTS OF THE BREATH-ALCOHOL REST. THE MOTION TO SUPPRESS
- IS GRANTED IN PART TO EXCLUDE AS EVIDENCE THE RESULTS OF
- THE HGN TEST AND THE BAC TEST. IT IS SO ORDERED.
- COPIES TO: PROS NICHOL AND ATTY NICI
11/06/2019
- CASE SET FOR A PRE-TRIAL ON 11/20/2019 AT 9:00 AM
11/20/2019
- PAYMENT - RECEIPT NO. 1903271 IN THE AMOUNT OF $ 332.00
- DEF. PLED NO CONTEST, FOUND G, FINE 150.00, SUSP .00
- EXPLANATION OF RIGHTS MADE PART OF THE FILE.
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