When Can Ohio Police Perform a Stop and Frisk / Pat Down?

January 17, 2015  |   Posted by :   |   Ohio Drug Laws   |   Comments Off

What is a “Terry” Stop? There are three types of police police-citizen interactions: 1) a consensual encounter, 2) a brief investigatory stop or detention, and 3) an arrest. During the second kind of stop — an investigatory stop (also called a “Terry stop”) — the officer is permitted to briefly stop someone in order to investigate possible […]

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Hit Skip Charge Dismissed Because Driver Didn’t Know She Had Been in an Accident

January 11, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off

In Ohio, failure to stop after an accident is a first degree misdemeanor.  An essential element of the crime is that the driver must have known she was in an accident.  If the driver clips another car, a pole, a person or any other person or property and the prosecution cannot prove that she knew at […]

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U.S. Supreme Court Says Reasonable Mistakes by Police About the Law Can Still Justify a Traffic Stop

December 29, 2014  |   Posted by :   |   Ohio Drug Laws   |   Comments Off

Generally, the Fourth Amendment prohibits “unreasonable searches and seizures.”  But what happens if the officer thinks he has justification for pulling someone over, but it turns out he was wrong?  The Supreme Court answered this question recently in its 8-1 decision in Heien v. North Carolina, No. 13-604. Mistakes of Law by Officers Here, an officer […]

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OVI Dismissed Due to Unconstitutional OVI Checkpoint

December 14, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off

In a recent Ohio case, the defendant was stopped at a DUI checkpoint.  While stopped, an officer became suspicious that the driver may be under the influence and directed the driver to a separate area.  The driver was then arrested and charged with OVI.   But because the Ohio State Highway Patrol failed to follow […]

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Can a Front Seat Passenger be Charged with OVI (DUI)?

December 09, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off

One recent Ohio OVI case -State v. Robertson, 2014-Ohio-5389 –  is interesting because the front seat passenger – and not the driver – was charged with OVI.  The prosecution’s argument was that because the intoxicated passenger flicked the driver’s cigarette out of her hand and onto her lap – causing her to crash – the […]

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Riddell Law Announces 2015 College Scholarship Contest

December 08, 2014  |   Posted by :   |   Awards & Recognitions   |   Comments Off

We recently posted the application for our second annual Riddell Law DUI Awareness Scholarship — a $500 scholarship to be given to a local Columbus or Delaware County high school senior to help pay for tuition, room and board, books or other materials necessary for an incoming college freshman.   This year we have chosen to highlight […]

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Drugs Found in Driver’s Pants Pocket During Traffic Stop Thrown Out Due to Illegal Search

December 01, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off

One recent Ohio case highlights the importance of cruiser video evidence in traffic-related stops.  In this case, a car was pulled over for crossing the fog line.  Once pulled over, the officer said he smelled marijuana coming from the car.  He asked the driver to step out and then testified that he smelled marijuana coming from […]

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Physical Control Charge Dismissed Where Prosecutor Offered No Evidence as to What Drug Allegedly Impaired the Driver

November 17, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off

In a recent Ohio case, the defendant was charged with physical control.  She was found asleep at the wheel of a gas station. There was no odor of marijuana or other drugs.  But the officer said the driver had very slurred speech, red, bloodshot eyes, was very unsteady on her feet, didn’t know what time it […]

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Anonymous Tip to Police About “Suspicious Van” Cannot Justify OVI Stop

October 26, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off

We have discussed anonymous tips in prior posts.  An anonymous caller tips the police to a potential drunk driver, often resulting in an OVI charge.  Looking closely at those anonymous calls, however, can be a critical part of defending against an OVI charge.  If the caller is anonymous, does not describe any actual criminal activity, […]

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Obstruction of Official Business Conviction Reversed for Lack of Affirmative Act

October 20, 2014  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off

Officer Alleges that Defendant Obstructed Official Business By Delaying Car From Being Towed  An officer arrived at the scene of a disabled vehicle on an off-ramp.  When he arrived, he saw a woman standing next to the car while her daughter remained inside.  She told the officer that she called Nationwide Insurance to tow her vehicle. […]

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