Warrant Required to Obtain Hospital Blood Test Results for OVI Suspect

April 29, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Warrant Required to Obtain Hospital Blood Test Results for OVI Suspect

The issue of a warrant requirement before obtaining medical records under R.C. 2317.022 has come up in several cases lately in Ohio’s courts of appeals.  We recently wrote about another OVI medical records case here.  Below is another new Ohio court of appeals case in which this warrant issue arose in the context of an […]

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Police Must Obtain Warrant Before Getting Hospital Blood or Urine Tests in OVI Case

April 24, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Police Must Obtain Warrant Before Getting Hospital Blood or Urine Tests in OVI Case

The issue of chemical tests performed at a hospital on OVI suspects is an important one under Ohio law.  We have discussed the warrant requirement in a hospital blood test in a prior post.   If you are involved in an accident and taken to a hospital where chemical tests are done, police cannot get […]

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Fighting an Aircraft Speeding Ticket: A Few Potential Defenses

April 17, 2016  |   Posted by :   |   Columbus Traffic Law, Columbus, Ohio DUI Law   |   Comments Off on Fighting an Aircraft Speeding Ticket: A Few Potential Defenses

Police in Ohio are using aircraft (helicopters) routinely to cite speeding drivers on Ohio roads.  If you are cited for speeding based on the observations of officers in a police aircraft, are there any unique defenses available?   Yes.   If you are facing an aircraft speeding ticket (i.e. helicopter), some questions to ask in […]

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Hand Signal Indicating Turn on Motorcycle Must be Given By Driver – Not Passenger

April 13, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Hand Signal Indicating Turn on Motorcycle Must be Given By Driver – Not Passenger

Motorcycle Passenger Signals Turn with Hand Signal; Officers Don’t See the Hand Signal An Ohio State Highway Patrol Trooper saw a motorcycle turn left into a parking lot without using a turn signal. The troopers initiated a traffic stop. The officer stopped the motorcycle and found out that the driver had removed the turn signals […]

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Can You Be Charged with Marijuana Possession if You Test Positive for Marijuana on a Drug Test?

April 13, 2016  |   Posted by :   |   Ohio Drug Laws   |   Comments Off on Can You Be Charged with Marijuana Possession if You Test Positive for Marijuana on a Drug Test?

Answer: In the State of Ohio, no. If you test positive for marijuana (fail a drug test) – but do not actually have any marijuana or paraphernalia in your possession – you cannot in Ohio be charged with marijuana possession.  Once you smoke or consume a drug (such as marijuana), you are no longer in […]

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Columbus Hazardous Materials Law Violated Where Driver Makes Non-Hazmat Delivery / Pickup within I-270

April 06, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Columbus Hazardous Materials Law Violated Where Driver Makes Non-Hazmat Delivery / Pickup within I-270

A Franklin County Municipal Court judge (Environmental Division) ruled this past week on a statutory question regarding Columbus’ improper transporting of hazardous materials statute.  (State v. Mitchell, 2015 ERB 074646) Driver With Non-Hazardous Materials Destination in Columbus Drives Inside I-270 With a Hazardous Materials Load In this case, an LTL driver was carrying multiple loads […]

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What Ohio Misdemeanors Can Prevent You From Getting An Ohio Concealed Carry License (CHL / CCW)?

April 05, 2016  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on What Ohio Misdemeanors Can Prevent You From Getting An Ohio Concealed Carry License (CHL / CCW)?

A conviction for a number of Ohio misdemeanors can affect your ability to get or keep your  a concealed carry license (concealed holder / CCW) in Ohio and/or your ability to own a firearm (R.C. 2923.125 & R.C. 2923.128). Felonies will also affect your ability to obtain a CCW or to own a firearm, but this […]

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Can a Marijuana Possession Charge Prevent You From Getting a Concealed Carry (CCW) in Ohio?

March 22, 2016  |   Posted by :   |   Ohio Drug Laws   |   Comments Off on Can a Marijuana Possession Charge Prevent You From Getting a Concealed Carry (CCW) in Ohio?

Yes. Pending Marijuana Possession / Paraphernalia Charges Will Disqualify You from Obtaining an Ohio CCW. R.C. 2923.125 says that if you have been charged with misdemeanor marijuana possession or paraphernalia under R.C. 2925 (Ohio’s drug offense laws), and the case is still pending, you are ineligible to obtain a concealed holder license (CCW) in Ohio.   […]

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What Happens if You Leave a Gas Station Without Paying in Ohio (“Pump and Run”)?

March 07, 2016  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on What Happens if You Leave a Gas Station Without Paying in Ohio (“Pump and Run”)?

Ohio Misdemeanor: Leaving Gas Station Without Paying  If you pump gas and then leave without paying – intentionally or not – it is a crime in the state of Ohio.   The crime of “pump and run” is a first degree misdemeanor in Ohio and is governed under R.C. 2913(B)(10). The crime is defined as: […]

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Domestic Violence Conviction Vacated Where Court Found No “Physical Harm”

March 07, 2016  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Domestic Violence Conviction Vacated Where Court Found No “Physical Harm”

Ohio’s Domestic Violence Statute Ohio’s domestic violence statute is found in R.C. 2919.25(A). That section states that no person shall “knowingly cause or attempt to cause physical harm to a family member or household member.” What Constitutes “Physical Harm” Under the Domestic Violence Law? There is no requirement under R.C. 2919.25(A) that “physical harm” be […]

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