“Joe” was arrested for Operating a Vehicle Impaired, OVI, on September, 21, 2016, at around ten o’clock in the evening. Joe said he never drinks, never takes illegal drugs and never abuses prescription drugs.
He said he was arrested because he is gay.
Three months later, when the case was set for a hearing on our Motion to Suppress, the prosecutor and the arresting state Trooper, agreed to dismiss the OVI. Joe subsequently pleaded no-contest to, and was found guilty of, a no-point speeding violation.
Attorney Kenneth Ortner quoted in New York Times series “No Money, No Mercy”
Ortner Hanek co-founder Attorney Kenneth Ortner was quoted in a national article about criminal pretrial diversion programs. From the article:
"Lawyers there said diversion applicants had been denied because of unrelated prior offenses like driving with a suspended license or drunken driving. 'It was very difficult to get anybody in diversion,' said one local lawyer, Kenneth Ortner. 'It was a joke among defense attorneys.'"
To read the full article CLICK HERE.
Ortner Hanek successfully defended a client charged with Operating a Vehicle Under the Influence (OVI) in Oberlin Municipal Court. The plea agreement stated, “Upon motion of the Prosecutor the charge of OVI is dismissed for the following reasons: The prosecutor represents that he stipulates to the suppression of evidence referred in Defendant’s Motion to Suppress.”
The client had been involved in a one vehicle accident after drinking at a local bar. The state relied upon the results of a blood test which indicated an alcohol level over the legal limit. Ortner Hanek realized that the client's right to scientifically reliable evidence had been violated and filed a Motion to Suppress. Upon investigating the issues presented in our Motion to Suppress, the State concluded that they could not prove that medical personnel had taken said blood in compliance with the evidentiary rules, and therefore the blood test results could not be proved to be reliable.
It is important to know your rights whether you are accused by the government, or any individual, of wrong-doing. When you believe you may need legal assistance, call Ortner Hanek.
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At Ortner Hanek, we fight for the rights and freedoms of our clients. Justice was done in Mr. Brillon's case, as he was found Not Guilty of Felonious Assault. We wish him the very best.
Click here to read the full article about this case in The Chronicle-Telegram.