When Can Police Order Someone to Empty Their Pockets?

September 26, 2016  |   Posted by :   |   Ohio Drug Laws   |   Comments Off on When Can Police Order Someone to Empty Their Pockets?

WHEN CAN A POLICE OFFICER ORDER A PERSON TO EMPTY THEIR POCKETS? A recent decision from the Ohio Court of Appeals has held that police officers may order someone to empty his or her pockets only when the officer believes a person has a weapon (is armed and dangerous).  The police officer must be able to […]

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Law Requiring Use of Turn Signal 100 Feet Ahead of Turn Doesn’t Apply in a Private Parking Lot

August 30, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Law Requiring Use of Turn Signal 100 Feet Ahead of Turn Doesn’t Apply in a Private Parking Lot

FAILURE TO USE TURN SIGNAL IN PRIVATE PARKING LOTS This case – State v. Dowty, 2016-Ohio-4719 – involved a driver who was parked in a Walgreens parking lot. She drove from her parking spot to the exit and didn’t turn on her signal while the car was moving.   She turned it on briefly when […]

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Can a Police Officer Detain a Driver Beyond a Traffic Stop Just to Search for Drugs?

August 11, 2016  |   Posted by :   |   Columbus Criminal Defense, Columbus, Ohio DUI Law, Ohio Drug Laws   |   Comments Off on Can a Police Officer Detain a Driver Beyond a Traffic Stop Just to Search for Drugs?

DOES A POLICE OFFICER HAVE AUTHORITY TO CONTINUE A TRAFFIC STOP TO SEARCH FOR DRUGS OR OTHER CONTRABAND? The Eleventh District Court of Appeals has held that although a police officer may have a suspicion of illegal activity following a traffic stop, the police officer does not have ‘open season’ to investigate matters not reasonably […]

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What Happens if Urine Test Results in an OVI Case are Within the Margin of Error?

August 02, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on What Happens if Urine Test Results in an OVI Case are Within the Margin of Error?

Will a Court Consider Margins of Error in Urine Testing When a Defendant Faces an OVI Conviction? An Ohio Court of Appeals has recently ruled that it will not consider a margin of error as reason to dismiss an OVI case unless conviction “created such a manifest miscarriage of justice that the conviction must be reversed […]

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“No Contest” Plea and Conviction Vacated When Defendant Was Not Informed of Potential Sentence

July 22, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on “No Contest” Plea and Conviction Vacated When Defendant Was Not Informed of Potential Sentence

We are often asked when and whether to plead “no contest” to a criminal charge.  Click here for a more complete discussion of “no contest” pleas in misdemeanor cases. One recent case in Ohio talks about negotiated “no contest” pleas and what the judge is required to tell the defendant pleading “no contest” to a […]

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New U.S. Supreme Court Case Says State Cannot Make It a Crime to Refuse a Warrantless Blood Test

July 10, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on New U.S. Supreme Court Case Says State Cannot Make It a Crime to Refuse a Warrantless Blood Test

The United States Supreme Court ruled recently on the constitutionality of laws criminalizing the refusal of breath and blood BAC tests.  Birchfield v. North Dakota, 579 U. S. ____ (2016). The Court found that states cannot make it a crime to refuse to submit to a warrantless blood test.  States can, however, make it a crime […]

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Attorney Doug Riddell Quoted in Toledo Blade & Columbus Dispatch on Impact of New Medical Marijuana Law on OVI Arrests

June 24, 2016  |   Posted by :   |   Awards & Recognitions   |   Comments Off on Attorney Doug Riddell Quoted in Toledo Blade & Columbus Dispatch on Impact of New Medical Marijuana Law on OVI Arrests

Attorney Douglas Riddell was featured this weekend in an article discussing the effect of Ohio’s new medical marijuana law may have on OVI arrests in the state. In the article, Doug discusses the fact that the per se “legal limit” for driving with marijuana in your system is virtually zero.  After all, up until now, […]

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No Disorderly Conduct Where Profane Words Directed to Officer Are Not “Fighting Words”

June 24, 2016  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on No Disorderly Conduct Where Profane Words Directed to Officer Are Not “Fighting Words”

Ohio’s disorderly conduct statute is fairly broad when it comes to the types of acts that fall under its umbrella.  Under the broadly written statute (R.C. 2917.11), making an offensive statement could be considered disorderly conduct.  But the broad prohibitions in the disorderly conduct statute are tempered by the First Amendment. Given First Amendment freedom […]

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Criminal Records May Be Sealed Even When the Prosecutor Files an Objection to the Expungement Application

June 14, 2016  |   Posted by :   |   Expungement   |   Comments Off on Criminal Records May Be Sealed Even When the Prosecutor Files an Objection to the Expungement Application

A court considers several factors in determining whether to grant an expungement application.  Once the application is filed, the prosecution can file objections explaining why they believe the application should not be granted.  The judge, then, has the discretion to make a decision.  The judge does not automatically deny the expungement application if the prosecutor […]

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Field Sobriety Tests (and OVI Charge) Thrown Out When Officer’s Instructions Improper

June 07, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Field Sobriety Tests (and OVI Charge) Thrown Out When Officer’s Instructions Improper

In most OVI cases, drivers submit to field sobriety tests (i.e., walk and turn, eye test, and one leg stand). Where an OVI stops ends in an arrest, the officer in nearly every case reports that the driver “failed” the tests.  But just because a driver “fails” a field sobriety test doesn’t mean there is […]

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