Case Details

General Information

Case Number
23TRC06903
Attorney Name
THOMAS A ROOF
Assigned To
ALAN D HACKENBERG
Offense Date
10/21/2023
Date Filed
10/23/2023
Waiverable
No
Affiant Name
TPR. J MADIGAN
Affiant Type
State Patrol
Proof of Insurance
No
Muni Name
State of Ohio

Defendant Information

Name
DESTREY L NIVISON
Address Line 1
518 ALLEN AVE
Address Line 2
City
FINDLAY
State
OH
ZIP Code
45840
DLN
SS303979
DOB
9/18/1987

Financial Information

Total Cost
$2,381.00
Total Paid
$1,820.00
Total Owed
$561.00

Vehicle Information

Plate State
OH
Plate Number
HEB8501
Vehicle Year
2008
Vehicle Make
NISS
Vehicle Model
Vehicle Color
BLU

Warrant Information

Active Warrants
No

Counts

Count Number Citation Number Statute Code Statute Description Degree Plea Finding Finding Date Adjudicated By
1 OHP321035102120230335 4511.19A1A OVI M1 GUILTY GUILTY 8/13/2024 ALAN D HACKENBERG
2 OHP321035102120230335 4511.19A2 STATE OVI M1 NO PLEA DISM COSTS/DEF 8/13/2024 ALAN D HACKENBERG
3 OHP321035102120230335 4511.12 DISOBEYING TRAFFIC CONTROL DEV MM NO PLEA DISM COSTS/DEF 8/13/2024 ALAN D HACKENBERG
Count Number
1
Citation Number
OHP321035102120230335
Statute Code
4511.19A1A
Statute Description
OVI
Degree
M1
Plea
GUILTY
Finding
GUILTY
Finding Date
8/13/2024
Adjudicated By
ALAN D HACKENBERG
Count Number
2
Citation Number
OHP321035102120230335
Statute Code
4511.19A2
Statute Description
STATE OVI
Degree
M1
Plea
NO PLEA
Finding
DISM COSTS/DEF
Finding Date
8/13/2024
Adjudicated By
ALAN D HACKENBERG
Count Number
3
Citation Number
OHP321035102120230335
Statute Code
4511.12
Statute Description
DISOBEYING TRAFFIC CONTROL DEV
Degree
MM
Plea
NO PLEA
Finding
DISM COSTS/DEF
Finding Date
8/13/2024
Adjudicated By
ALAN D HACKENBERG

Hearing Information

Description Court Date/Time Court Room Heard By
STATUS CONFERENCE 3/9/2026 10:30:00 AM 1 ALAN D HACKENBERG
Desk Review 1/19/2026 5:00:00 PM 1 ALAN D HACKENBERG
Continued 11/3/2025 5:00:00 PM
Plea 8/13/2024 1:30:00 PM 1 ALAN D HACKENBERG
Pre-Trial with Judge 7/2/2024 1:30:00 PM 1 ALAN D HACKENBERG
SECOND PRETRIAL 5/28/2024 1:45:00 PM 203 ALAN D HACKENBERG
SECOND PRETRIAL 3/19/2024 3:45:00 PM 203 ALAN D HACKENBERG
Pre-Trial 1/2/2024 2:30:00 PM 203 ALAN D HACKENBERG
Arraignment 11/7/2023 8:30:00 AM
Continued 10/24/2023 8:30:00 AM 202

Docket Information

Entry Date Entry Text
1/14/2026 DR Cancelled set Stat Conf Issued
1/14/2026 STATUS CONFERENCE set for 03/09/2026 at 10:30 AM in room 1 by JUDGE ALAN D HACKENBERG
10/16/2025 Desk Review continued to 01/19/2026 at 05:00 PM in room 1 by JUDGE ALAN D HACKENBERG
9/18/2025 Paid $45.00 receipt# 2025429153 paid by ATTORNEY GENERAL 09/18/25
8/19/2025 Desk Review set for 11/03/2025 at 05:00 PM
8/13/2025 Paid $45.00 receipt# 2025425112 paid by ATTORNEY GENERAL 08/14/25
8/13/2025 Successful Probation Release Issued
7/31/2025 Paid $50.00 receipt# 2025423821 paid by DESTREY L NIVISON
7/31/2025 Desk Review set for 11/03/2025 at 05:00 PM in room 1 by JUDGE ALAN D HACKENBERG
7/3/2025 Paid $90.00 receipt# 2025420583 paid by ATTORNEY GENERAL 07/03/25
6/26/2025 Paid $50.00 receipt# 2025419805 paid by DESTREY L NIVISON
5/27/2025 Paid $100.00 receipt# 2025416354 paid by DESTREY L NIVISON
4/9/2025 Paid $45.00 receipt# 2025411313 paid by ATTORNEY GENERAL 04/10/25
2/25/2025 Paid $50.00 receipt# 2025406007 paid by DESTREY L NIVISON
2/6/2025 Case sent to collection agency on 02/06/2025
11/12/2024 RECD COMPLIANCE REPORT FROM ARC DEF COMPLETED THE DIP ON NOV 10 2024 WITH NO FURTHER RECOMMENDATIONS
10/8/2024 Paid $25.00 receipt# 2024432068 paid by DESTREY L NIVISON
9/20/2024 Case sent to BCI&I on 09202024
9/20/2024 Case sent to BCI&I on 09202024
9/20/2024 Case sent to BCI&I on 09202024
9/19/2024 Paid $40.00 receipt# 2024430136 paid by DESTREY L NIVISON
9/19/2024 Modification Order - BMV 2055 Issued
9/19/2024 Privilege Card Issued
9/18/2024 RECD COMPLIANCE REPORT FROM MIEHLS VAP DEF COMPLETED VIP ON SEPTEMBER 15 2024
8/27/2024 Paid $60.00 receipt# 2024427305 paid by DESTREY L NIVISON
8/13/2024 Order to Retest/Renew Issued
8/13/2024 BALANCE DUE REMINDER Issued
8/13/2024 Privilege Card Issued
8/13/2024 ALS Disposition Issued
8/13/2024 ALS Ordered Terminated
8/13/2024 ALS Ordered Terminated
8/13/2024 Plea of GUILTY entered on 08/13/2024
8/13/2024 Charge Amended from 4511.19A1A OVI M1 6 points to 4511.19A1A OVI M1 6 points by on 08/13/2024
8/13/2024 Confinement Jail Time Sentenced 60 Day(s) 7 Credited 53 Suspended
8/13/2024 Finding of GUILTY entered for 4511.19A1A - OVI
8/13/2024 DIP Referral Issued
8/13/2024 The defendant appeared in open court and was advised of the nature of the charge, possible penalties, right to counsel, right to jury/court trial, other rights and the various pleas available.The defendant thereafter entered a plea of GUILTY to the charge. The Court heard evidence from the prosecution to substantiate the charge. The court entered a finding of GUILTY to the charge.It is ORDERED, ADJUDGED, AND DECREED that the defendant is found GUILTY of OVIORC/CO 4511.19A1A, and is sentenced as follows:1) A fine of $500.00 plus all costs 2) Operator's license SUSPENSION of 365 days .Limited privileges granted on 10/21/2023 conditioned upon issuance of permit by court3) A jail sentence of 60 Day(s) with 53 Day(s) suspended consecutive to be scheduled by the Clerk's office. The defendant is ordered to pay all costs of confinement in a jail or other residential facility pursuant to ORC 2929.28, including but not limited to, a per diem fee for room and board in the jail of up to $108.00 per day, and any other costs provided by statute. 4) Defendant shall attend and successfully complete a driver's intervention program, and pursue any recommended course of treatment, for which he/she will receive 5 Day(s) of jail credit. 5) No 6 point violations and/or DUS offenses for 1 Year(s). 6) Defendant shall attend Victims Impact Panel program at the next regularly scheduled date for which he/she will receive 2 Day(s) jail credit.7) Defendant shall be placed on probation for 1 Year(s).
8/13/2024 VIP Referral Issued
8/13/2024 Rules for Driving Privileges Issued
8/13/2024 Assigned Suspension Class: U - Unclassified
8/13/2024 Modification granted for suspended license
8/13/2024 OCCUPATIONAL TO/FROM COURT TO/FROM-DIP TO/FROM-VIP HOUSEHOLD NECESSITIES PARENTING TIME EXCHANGES TO/FROM DAYCARE AS PREVIOUSLY ORDERED
8/13/2024 Plea of NO PLEA entered on 08/13/2024
8/13/2024 Plea of NO PLEA entered on 08/13/2024
8/13/2024 Finding of DISM COSTS/DEF entered for 4511.12 - DISOBEYING TRAFFIC CONTROL DEV
8/13/2024 TC Journal half sheet Issued
8/13/2024 It is ORDERED by the Court that this matter be DISM COSTS/DEF.
8/13/2024 TC Journal half sheet Issued
8/13/2024 Finding of DISM COSTS/DEF entered for 4511.19A2 - STATE OVI
8/13/2024 It is ORDERED by the Court that this matter be DISM COSTS/DEF.
7/23/2024 Privilege Card Issued
7/23/2024 PROOF OF INSURANCE LIBERTY MUTUAL 7-17-24 TO 7-17-25 SHOWN BY DEFT
7/8/2024 Assignment Notice File Issued
7/8/2024 Plea set for 08/13/2024 at 01:30 PM in room 1 by JUDGE ALAN D HACKENBERG Hearing was set on 07/08/2024
7/2/2024 Monitor removed, successfully, by motion. Defendant is paid in full.
7/2/2024 Privilege Card Issued
7/2/2024 Written MOTION filed by Defendant's Attorney on 07/02/2024 (TO REMOVE SCRAM)
7/2/2024 MOTION GRANTED by ALAN D HACKENBERG JUDGE on 07/02/2024 (SCRAM TO BE REMOVED; SET FOR PLEA)
6/25/2024 Paid $112.00 receipt# 2024420215 paid by SCRAM
6/11/2024 Paid $56.00 receipt# 2024418528 paid by SCRAM
6/4/2024 Paid $56.00 receipt# 2024417660 paid by DESTREY L NIVISON
5/29/2024 Assignment Notice File Issued
5/29/2024 Pre-Trial with Judge set for 07/02/2024 at 01:30 PM in room 1 by JUDGE ALAN D HACKENBERG Hearing was set on 05/29/2024
5/28/2024 Privilege Card Issued
5/28/2024 Paid $112.00 receipt# 2024416892 paid by SCRAM
5/28/2024 PT Report Issued
5/28/2024 Recommendation: Pre-Trial held. SET FOR PRETRIAL WITH THE COURT. Time limits pursuant to ORC 2945.71-73 are hereby waived without limitation.
5/15/2024 Paid $112.00 receipt# 2024415542 paid by SCRAM
4/30/2024 Paid $56.00 receipt# 2024414069 paid by DESTREY L NIVISON
4/23/2024 Paid $56.00 receipt# 2024413208 paid by SCRAM
4/16/2024 Paid $56.00 receipt# 2024412283 paid by SCRAM
4/9/2024 Paid $56.00 receipt# 2024411255 paid by SCRAM
4/1/2024 Privilege Card Issued
4/1/2024 Paid $56.00 receipt# 2024410322 paid by DESTREY L NIVISON -SCRAM
3/26/2024 Paid $56.00 receipt# 2024409858 paid by SCRAM
3/21/2024 Privilege Card Issued
3/20/2024 Assignment Notice File Issued
3/20/2024 SECOND PRETRIAL set for 05/28/2024 at 01:45 PM in room 203 by JUDGE ALAN D HACKENBERG Hearing was set on 03/20/2024
3/19/2024 Paid $56.00 receipt# 2024409145 paid by DESTREY L NIVISON
3/19/2024 PT Report Issued
3/19/2024 Recommendation: Pre-Trial held. SET FOR 2ND PRE-TRIAL. STILL WAITING ON VIDEO Time limits pursuant to ORC 2945.71-73 are hereby waived without limitation.
3/12/2024 Paid $56.00 receipt# 2024408273 paid by SCRAM
3/5/2024 Privilege Card Issued
3/5/2024 Paid $56.00 receipt# 2024407532 paid by DESTREY L NIVISON
2/27/2024 Paid $56.00 receipt# 2024406559 paid by DESTREY L NIVISON
2/26/2024 MOTION FOR ADDITIONAL DRIVING PRIVILEGES GRANTED by ALAN D HACKENBERG JUDGE on 02/26/2024 (TO/FROM DAYCARE (1650 WESTVIEW DR. FINDLAY, OH); TO/FROM PARENTING TIME EXCHANGE (232 STRATFORD CIRCLE FINDLAY) AND HOUSEHOLD NECESSITIES SATURDAY 12:00P-3:00P)
2/23/2024 Written MOTION FOR ADDITIONAL DRIVING PRIVILEGES filed by DEF ATTY BY FAX on 02/23/2024 (TO/FROM DAYCARE (1650 WESTVIEW DR. FINDLAY, OH); TO/FROM PARENTING TIME EXCHANGE (232 STRATFORD CIRCLE FINDLAY) AND HOUSEHOLD NECESSITIES SATURDAY 12:00P-3:00P)
2/20/2024 Privilege Card Issued
2/20/2024 PROOF OF EMPLOYMENT (AIRWAY INFLATABLES 12066 TWP RD 10 FINDLAY OH 45840) SHOWN BY DEFT
2/20/2024 Paid $56.00 receipt# 2024405375 paid by SCRAM
2/13/2024 Paid $56.00 receipt# 2024404485 paid by SCRAM
2/13/2024 Privilege Card Issued
2/13/2024 PROOF OF EMPLOYMENT R& L CARRIES CDN TERMINAL 3301 MCLANE, FINDLAY,OH 45840 SHOWN BY DEFENDANT
2/13/2024 DEFT FITTED WITH SCRAM BY PROBATION
2/13/2024 Modification Order - BMV 2055 Issued
2/13/2024 Rules for Driving Privileges Issued
1/31/2024 Assignment Notice File Issued
1/31/2024 SECOND PRETRIAL set for 03/19/2024 at 03:45 PM in room 203 by JUDGE ALAN D HACKENBERG Hearing was set on 01/31/2024
1/24/2024 On 1/24/23 the immobilization device was removed from the defendant's vehicle.
1/22/2024 Written MOTION FOR RELEASE OF VEHICLE filed by DEF ATTY BY FAX on 01/22/2024
1/22/2024 MOTION FOR RELEASE OF VEHICLE GRANTED by ALAN D HACKENBERG JUDGE on 01/22/2024 (VEHICLE IMMOBILIZED SHALL BE RELEASED)
1/2/2024 PT Report Issued
1/2/2024 Recommendation: Pre-Trial held. SET FOR HEARING ON MOTION. SUPPRESSION IF FILED
11/17/2023 Assignment Notice File Issued
11/17/2023 Pre-Trial set for 01/02/2024 at 02:30 PM in room 203 by JUDGE ALAN D HACKENBERG
11/15/2023 MOTION GRANTED by ALAN D HACKENBERG JUDGE on 11/15/2023 ((MOTION TO GO ON INTERLOCK). GRANTED. DEF SHALL BE FITTED W/ SCRAM FOR DRIVING PRIVILEGES.)
11/14/2023 ALS Disposition Issued
11/14/2023 This matter comes on this day 11/14/2023 concerning the Administrative License Suspension imposed against the Defendant. For the good cause shown, it is hereby ORDERED that the Administrative License Suspension be STAYED until further order of the Court.
11/14/2023 Stay of ALS Issued
11/14/2023 Supplemental Disposition Issued
11/14/2023 Proof of insurance (Liberty Mutual effective 7/17/2023 through 7/17/2024) filed by DEFTS ATTY by fax.
11/14/2023 Proof of employment (Pine Ridge Tree Service, LLC 6897 W State Route 224 Findlay, OH 45840) filed by DEFTS ATTY by Fax.
11/14/2023 Written MOTION filed by DEF ATTY BY FAX on 11/14/2023 (MOTION TO GO ON INTERLOCK)
11/14/2023 Written MOTION FOR STAY OF ALS SUSPENSION filed by DEF ATTY BY FAX on 11/14/2023
11/14/2023 Discovery Request Completed by OSP on 11/9/2023.
11/14/2023 This Day, November 14, 2023 This matter came on for consideration. It is the order, judgment and decree of this court that The Court, having stayed the Administrative License Suspension at the request of the Defendant, pursuant to O.R.C. 4511.196 hereby suspends the driver's license of the Defendant while this matter is pending. Based upon the allegations contained in the citation and the Defendant's multiple prior convictions for OVI offenses, the Court finds that the Defendant's continued driving is a threat to public safety. The Defendant is hereby granted limited driving privileges for employment and court; however, the Defendant shall not consume or possess any alcohol or illegal drugs, and the Defendant may only drive a vehicle after the Defendant has been fitted for a SCRAM Unit to ensure at all times that the Defendant is not consuming any alcohol. The receipt of any SCRAM violations will result in the immediate termination of all driving privileges. The Defendant shall be responsible for all costs associated with the SCRAM Unit and shall make all payments in a timely fashion. Failure to make all payments in a timely fashion will result in the removal of the SCRAM Unit and the immediate termination of all driving privileges. The Defendant shall contact the Probation Department of this Court to be fitted for the SCRAM Unit. The Defendant must carry on the Defendant's person a privileges document issued by the Clerk of Courts. XC: Mr. Roof; OBMV; Defendant ALAN D HACKENBERG JUDGE
11/7/2023 MOTION FOR ALS APPEAL SET FOR HEARING by ALAN D HACKENBERG JUDGE on 11/07/2023 (SET FOR HEARING NO STAY FILED.)
11/7/2023 jUDGEMENT ENTRY PER THE ATTACHED ORDER, YOU ARE HEREWITH NOTIFIED TO PRESERVE THE PHYSICAL EVIDENCE AND OR VIDEO/AUDIO TAPES SO DESCRIBED, REGARDING THE FOLLOWING ARREST: NAME: DESTREY L NIVISON DOB: 09/18/1987 DOA: 10/21/2023 ARREST OFFICER: Tpr. J. Madigan PLEASE PRESERVE THE FOLLOWING: 1. ALL VIDEO AND AUDIO TAPPED RECORDINGS MADE OF THE DEFT PRIOR TO, AT THE TIME, OR SUBSEQUENT TO HIS ARREST ON October 21, 2023. 2. ALL TAPE RECORDINGS OF RADIO TRANSMISSIONS MADE TO/FROM ANY POLICE OFFICER, INLCUDING BUT LIMITED TO MOBILE & HAND HELD RADIO TRANSMISSIONS. 3. ALL TAPE RECORDINGS OF TELEPHONE CONVERSATIONS MADE BY DEFT AT THE TIME OF, OR SUBSEQUENT TO HIS ARREST WHILE DEFT WAS IN CUSTODY. 4. ALL LOG BOOKS AND OTHER RECORDS RELATING TO RADIO TRANSMISSIONS AND/OR TELEPHONE CALLS MADE TO/FROM ANY LAW OFFICER. 5. ALL FIELD NOTES OF THE ARRESTING OFFICER. IF THE TAPES ARE NOT IN THE POSSESSION OF YOUR OFFICER, PLEASE NOTIFY THE APPRORIATE LAW ENFORCEMENT AGENCY OF THIS ORDER. S/ JUDGE HACKENBERG
11/6/2023 Written REQUEST FOR VIDEO AND PRESERVE THE AUDIO AND/OR VIDEO filed by DEF ATTY BY FAX on 11/06/2023
11/3/2023 Right to speedy trial waived by defendant on 11/03/2023
11/3/2023 Jury Demanded on 11/03/2023 by Attorney
11/3/2023 JUDGE ALAN D HACKENBERG assigned to case
11/3/2023 Written REQUEST FOR VIDEO AND PRESERVE THE AUDIO AND/OR VIDEO filed by DEF ATTY BY FAX on 11/03/2023
11/3/2023 Written MOTION FOR ALS APPEAL filed by DEF ATTY BY FAX on 11/03/2023 (AND WAIVER OF THE HEARING UNTIL AFTER THE PRETRIAL)
11/3/2023 THOMAS A ROOF filed notice of appearance
11/3/2023 Written ENTRY OF APPEARANCE AS COUNSEL filed by DEF ATTY BY FAX on 11/03/2023
11/3/2023 Written WRITTEN PLEA OF NOT GUILTY filed by DEF ATTY BY FAX on 11/03/2023
11/3/2023 Written REQUEST FOR PRETRIAL filed by DEF ATTY BY FAX on 11/03/2023
11/3/2023 Written DEMAND FOR DISCOVERY filed by DEF ATTY BY FAX on 11/03/2023
10/26/2023 The defendant's vehicle was immobilized at 518 Allen Ave.
10/25/2023 PT Veh Immob Entry Issued
10/25/2023 Property Owner Authorization Issued
10/25/2023 Paid $100.00 receipt# 2023430712 paid by DESTREY L NIVISON 024937
10/25/2023 DEFENDANT APPEARED FOR FINGER PRINTING ON 10/24/2023 FILED BY FPD (HENDREN)
10/24/2023 MOTION FOR RELEASE OF VEHICLE GRANTED by ALAN D HACKENBERG JUDGE on 10/24/2023 (DEFENDANT'S VEHICLE MAY BE IMMOBILIZED TO HIS RESIDENCE. DEFT TO PAY ALL COSTS OF IMMOBILIZATION. VEHICLE MUST BE TOWED AND NOT OPERATED)
10/24/2023 Written MOTION FOR RELEASE OF VEHICLE filed by Defendant on 10/24/2023
10/24/2023 Finger Print Requirements Issued
10/24/2023 Finger Print Return Issued
10/24/2023 This matter came on for consideration this day 10/24/2023. The defendant appeared in open court and was advised of the charge, penalty, available pleas, and legal rights. The Defendant requested a continuance to seek the advice of counsel. It is therefore ORDERED, ADJUDGED, AND DECREED that this case be continued to 11/07/2023 at 08:30 AM so the Defendant may consult with an attorney. with the conditions of No Consumption or Possession of Alcohol or Drugs of Abuse., Fingerprinting - Defendant shall immediately report to the Clerk's Office for fingerprinting in compliance with ORC 109.60.It is further ordered that the delay be charged against the Defendant pursuant to Revised Code 2945.72(C).It is further ordered that the defendant be released upon signing/posting of OR BOND , and further upon the condition(s) as stated on the bond.Not to Consume or Possess Alcohol and/or Drugs of abuse during the pendency of the case.The Defendant shall immediately report to the Clerk of Court to be scheduled for fingerprinting in compliance with ORC 109.60. The Defendant shall be fingerprinted within 24 hours of this Order.
10/24/2023 JE Continuance Issued
10/24/2023 Arraignment continued to 11/07/2023 at 08:30 AM
10/24/2023 PERSONAL APPEARANCE RECOG Issued
10/23/2023 Case Filed on 10/23/2023
10/23/2023 Arraignment set for 10/24/2023 at 08:30 AM in room 202

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