Delaware, Ohio DUI
By Brad Koffel, July 9, 2006
DUI in Delaware, Ohio? Most of the DUI arrests in Delaware County, Ohio are Ohio State Patrol and Delaware County Sheriff's Office. Other police agencies we see throughout any given year making DUI arrests in Delaware County, Ohio are Powell P.D., Delaware P.D., Westerville P.D., Genoa Twp. P.D., and the handful of other smaller departments throughout northern Delaware County.
The OSP Post on US 23 works US 23 and southern Delaware County pretty aggressively during the peak DUI enforcement hours. Currently, 2 troopers are spending a significant amount of time on Powell Rd., Sancus, US 23, and the tributary roads feeding these major roadways. Troopers Young and Jones are certainly not having any difficulty finding vehicles to pull over as this area is populated by many upwardly mobile singles and more affluent families under the age of 40.
Naturally, this 5 square mile area has plenty of restaurants and bars that cater to these folks who tend to be our typical DUI client (i.e. 21-45, college educated, with a nice job and family). A large percentage of our practice is spent in the Delaware Municipal Court representing otherwise law abiding citizens with jobs at risk who never imagined finding themselves before a Judge on a DUI.
Fortunately, the OSP cruisers that work this area have cruiser video systems. I have found that the videos are extremely helpful in representing my clients charged with DUI in Delaware, Ohio. A number of my clients in the past few years have displayed no signs or minimal signs of impairment. I do believe that the mindset of 90% of my clients is that they believe they consumed a safe amount of alcohol over a safe period of time so as not to be illegal. Many of the arrest videos corroborate this theory. However, these same clients usually refuse to give a breath test for a variety of reasons. Most of the time it seems as though our clients have "heard not to take a breath test". Thus, they refuse and receive a 1 year license suspension.
The Delaware Municipal Court Judge, David Sunderman, takes a dim view of refusals. He does not feel comfortable granting restricted driving privileges until he "hears" the case (either at a suppression hearing or plea hearing). Also, Judge Sunderman does tend to look at prior DUI cases reduced to reckless operation for sentencing enhancement purposes. Prior DUI convictions are near guarantees of jail time, long license suspensions, and alcohol treatment. The more prior DUI convictions, the longer the jail and license suspensions. Also, Judge Sunderman strictly enforces the "Restricted Plates" (yellow license plates) provision of the DUI code. He frequently orders ignition interlock devices in vehicles as a condition to driving privileges for multiple offenders. And, in the Spring of 2006, he started ordering Continuous Alcohol Monitoring (SCRAM) on repeat DUI offenders.
Judge Sunderman runs a very efficient courtroom and is very much involved in the client's case from the pre-trial forward. For example, the majority of judges of Central Ohio are not involved in pre-trial conferences between the defense attorney and prosecutor. However, Judge Sunderman reviews, to some degree, nearly every case set before him at a pre-trial. Also, from the practitioner's perspective, every attorney litigating a case before Judge Sunderman needs to do their own legal research prior to the hearing or trial. Judge Sunderman is a voracious reader of case law and professional journals. He will know the most recent case on point. He keeps a large flat screen monitor on his bench and will review legal research "on the fly".
Finally, you can expect court dates to run pretty much on time which is one of the pleasures of practicing in his courtroom. The judge : case ratio is very high in The Delaware Municipal Court. In other words, the volume of cases that Judge Sunderman and Magistrate Kevin Pelanda hear on an annual basis is near the top of all Ohio courts. A second seat on the bench is coming soon. Despite the amount of cases and Judge Sunderman's more "hands on approach", the DUI cases move smoothly unlike many other Ohio courtrooms.
Dear Mr. Koffel,
I am extremely impressed by your web site and blog. What a terrific concept. I happened upon it, as I have a jury trial (DUI) scheduled tomorrow before Judge Sunderman and was going to re-read the local rules of the Court. However, I saw your website, and was sidetracked. Actually, due to circumstances, I am pro se and am just going to plead guilty to OVI, as the supplemental churches are being dropped.
I have discussed this with Mark Corroto.
You are infamous to me, as I worked for years as Bill Owen’s (Delaware County Prosecutor), and Shawn Dominy’s paralegal. Shawn and I continued to work together after Bill went to Delaware. Shawn was known to tell me often of your extraordinary knowledge and success in DUI law. I’ve also seen your work in both the Franklin County and Delaware County Municipal Courts.
I digress. I am not seeking free legal advice! I was only compelled to comment because of the vast amount of valuable information you are inviting the public to explore.
Judge Sunderman has been exactly have I have known him to be as well as how you explain his work process. He allowed me a continuance to retain counsel at my Change of Plea Hearing, this past June, which I thought was benevolent. The comments I wanted to post are that, as a 1st time offender (age 37), and absolutely no traffic or criminal history, my life has been negatively altered since April as a result of an OVI. For many years, I took in all initial consults and worked closely with Shawn through disposition, constantly consoling those who were in my present situation. Easier said than done! I was stopped in the direct center of the geographical area you named, falling under Delaware County’s jurisdiction. I was aware that by the refusal of the SFT’s and breath test, what the consequences would be. I certainly was apologetic to the Officer, explaining however, that it has become a part of my fundamental belief system to do so. It was only 8:00 p.m. when I was stopped, and I have always been overly cautious not to drink and drive.
At the time, having had only a few beers earlier that afternoon, had no idea that I would be impaired to drive to the grocery store on 23. Since, it has come to light that I was undiagnosed as having MS, which explains my unusual intolerance to less than three bottles of beer. The same afternoon in June at my hearing, an unexpected and unavoidable deadline (I have been working in Aviation Litigation) arose at work in which I had made arrangements to have a friend bring my vehicle to my place of work in order I get home that evening. I had not operated my vehicle once until that afternoon, and knew I lived and worked in Dublin so I had to take the chance. Being an educated person who doesn’t use drugs or indulge frequently in alcohol, I was comfortable that I would pose no harm to anyone by driving directly home.
Unfortunately, a young, female Dublin Police Cpl. was stuck in traffic as I was directly behind me. She ran a 50 and pulled me to the side approximately 300 feet from my office. I was detained for three hours in her unventilated cruiser, after having been pulled from my vehicle and forced to the ground on my stomach and was subsequently frisked and handcuffed, I believe, inappropriately. I weigh 120 lbs. and was dressed in a suit. When asked to make a phone call to one of the lawyers at my work place to come to take possession of my vehicle, I was denied the opportunity. Instead, my car was impounded which contained not only my glasses, cell phone, personal papers, but a redwell I was to work on from home that evening pertaining to a case for work. I explained politely that the file contained privileged work product on a case in which we were defending a $3,800,000 demand. I did not feel that these documents would be re-routed in any way, but it’s my obligation to protect them.
The car and the items were towed, and she broke my license plate in half, while attempting to remove it with a screwdriver. I was not nor will ever be able to pay to have my car mobilized. A catch 22 is that the Dublin Mayor’s Court prosecutor released it to me, but the impound lot supervisor would not release it without the proper documentation (in my car) or a new license plate (that the BMV wouldn’t give me without the documents), and the ignition key was misplaced. I only have six car payments left!
I am that person who lost my job. I have a debilitating neurological disease I believe was the cause for the original OVI stop, and no transportation. For those reading this, this is a scenario I would never have imagined only a few months ago.
If you find yourself facing an OVI-I would highly recommend Mr. Koffel, as he will give you the best defense, possibly to be found, in this state. And, as we’ve read, the laws are only becoming more severe in terms of punishment. Thanks for hearing out this story!