Pat-Down of Passenger Before Having Him Wait in Patrol Car for a Ride During an OVI Stop is an Unreasonable Search

May 21, 2015  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Pat-Down of Passenger Before Having Him Wait in Patrol Car for a Ride During an OVI Stop is an Unreasonable Search

In the case of an OVI stop, there is often a passenger or multiple passengers in the car.  In this case, the passenger was waiting for a ride and was told to wait in the back of the patrol car.  Before putting him in the patrol car, the officer patted him down and found a handgun. […]

Read More

Speeding Conviction Overturned Where State Failed to Establish Scientific Reliability of Specific Radar Device

May 04, 2015  |   Posted by :   |   Columbus Traffic Law   |   Comments Off on Speeding Conviction Overturned Where State Failed to Establish Scientific Reliability of Specific Radar Device

We have seen several “judicial notice” speeding cases recently in the Ohio Courts of Appeals.  Most recently, the Fifth District Court of Appeals overturned a speeding conviction based on faulty judicial notice by the trial court.   If the state fails to prove the scientific reliability of a specific radar or laser device and the […]

Read More

OVI Dismissed Where Trooper’s Dash Cam Did Not Show Marked Lanes Violation

April 18, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Dismissed Where Trooper’s Dash Cam Did Not Show Marked Lanes Violation

Many of the OVI / DUI cases we see involve an allegation of a marked lanes violation.  In these cases, the officer says that the reason for the stop is that the driver drove outside of his lane across the yellow line or the center line.  With the widespread use of cruiser dash cameras, these […]

Read More

Speeding Conviction Overturned Where Court Failed to Take Proper Judicial Notice of Accuracy of Laser

April 18, 2015  |   Posted by :   |   Columbus Traffic Law   |   Comments Off on Speeding Conviction Overturned Where Court Failed to Take Proper Judicial Notice of Accuracy of Laser

When it comes to the reliability of laser or other speed devices, the court does not necessarily have to hear expert testimony in every case.  Rather, as a kind of shortcut, Ohio courts are allowed to take “judicial notice” of a specific laser or radar device’s scientific reliability if it has been proven before in […]

Read More

Drug Charge Dismissed: Car Owner/Driver Cannot Consent to Search of Passenger’s Purse or Bag

April 14, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Drug Charge Dismissed: Car Owner/Driver Cannot Consent to Search of Passenger’s Purse or Bag

The Fourth Amendment protects individuals from unreasonable searches and seizures.  Generally, for a search to be considered constitutionally reasonable, the officer must have probable cause and a warrant. There are a few exceptions to the warrant rule.   One is consent.  If you consent to a search by the police, you waive your Fourth Amendment rights. […]

Read More

OVI Blood Test Results Thrown Out Where State Failed to Demonstrate Blood Draw Followed Proper Procedures

April 06, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Blood Test Results Thrown Out Where State Failed to Demonstrate Blood Draw Followed Proper Procedures

In some OVI cases, officers will ask a suspect – or get a warrant – for a blood draw to test blood alcohol levels.   These blood draw cases are somewhat unique in that there are very specific rules under Ohio law that must be followed in drawing, testing and storing the blood sample. If […]

Read More

OVI Charge Dismissed Where Officer Gave Incomplete Instructions on Field Sobriety Tests and the Driver Did Not Admit to Drinking

March 31, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Charge Dismissed Where Officer Gave Incomplete Instructions on Field Sobriety Tests and the Driver Did Not Admit to Drinking

In one recent Columbus (Franklin County) OVI case, the driver was: in an accident, the officer noted a strong odor of alcohol, bloodshot and glassy eyes, slurred speech, the driver did NOT admit to drinking, the driver took and failed field sobriety tests, and the driver took and failed the breathalyzer test at the police station […]

Read More

OVI Conviction Based on Pain Medication Overturned Due to Insufficient Evidence

March 07, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Conviction Based on Pain Medication Overturned Due to Insufficient Evidence

Given the increasing prevalence of prescription medication use, the number of “drugged driving” cases are on the rise.  These cases — although charged under the same Ohio statute as driving under the influence of alcohol (OVI) — can involve different requirements of proof in court. The FDA has approved more than 1000 prescription drugs (which […]

Read More

Ohio Appeals Court: Trial Court Ordering 300 Hours of Community Service in Lieu of $200 Fine is Unreasonable Sentence

March 02, 2015  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Ohio Appeals Court: Trial Court Ordering 300 Hours of Community Service in Lieu of $200 Fine is Unreasonable Sentence

In cases where a fine is imposed as part of a misdemeanor sentence, Ohio statutes allow that fine to be imposed in the form of community service.  This is particularly helpful where a defendant is unemployed or has limited income. However, when community service is imposed in lieu of a fine, the community service hours […]

Read More

Driving Under Suspension Charge Dismissed Due to Failure by BMV to Provide Notice of Suspension

February 18, 2015  |   Posted by :   |   Columbus Traffic Law   |   Comments Off on Driving Under Suspension Charge Dismissed Due to Failure by BMV to Provide Notice of Suspension

In order to be convicted of driving under suspension, the Ohio BMV must have – at the very least – mailed a notice of your suspension.   One Ohio case – State v. Walker, 2010-Ohio-3043 – demonstrates this rule.   If you are pulled over for driving under suspension before the BMV sends a notice of […]

Read More