Franklin County OVI Dismissed Where Officer Cited Only Speeding, Slurred Speech and Moderate Odor of Alcohol in Support of Arrest

March 09, 2017  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Franklin County OVI Dismissed Where Officer Cited Only Speeding, Slurred Speech and Moderate Odor of Alcohol in Support of Arrest

The Franklin County Court of Appeals recently decided an interesting OVI case – State v. Bracken, 2017 Ohio 721.   The only evidence of impairment the officer cited were: Speeding A moderate odor of alcohol and The driver’s eyes were bloodshot and glassy. The court found that these factors alone were NOT enough to establish […]

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When Can Police Pull You Over On Your Bicycle?

March 05, 2017  |   Posted by :   |   search and seizure   |   Comments Off on When Can Police Pull You Over On Your Bicycle?

  WHEN CAN POLICE STOP A BICYCLE RIDER? The Ohio Court of Appeals recently held in State v. Swift, 2016-Ohio-8191 that police must have reasonable suspicion that a crime or traffic violation has occurred before stopping a bicycle rider.  Bicycle riders have the same constitutional rights as any driver on the road.  In Swift, the […]

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Can You Be Arrested for OVI Based on a Random License Plate Check?

March 02, 2017  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Can You Be Arrested for OVI Based on a Random License Plate Check?

CAN AN OFFICER ARREST YOU FOR OVI BASED ON A RANDOM LICENSE PLATE CHECK? A random license plate check happens when a police officer runs the license plate number of a vehicle to check for license suspensions, expired tags, or warrants.  But is this allowed?  Is stopping someone based on a random license plate check […]

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Ohio’s New Expanded Concealed Carry Law

February 28, 2017  |   Posted by :   |   concealed carry law   |   Comments Off on Ohio’s New Expanded Concealed Carry Law

  At the close of 2016, Ohio Governor John Kasich signed a bill into law (S.B. 199) that greatly expands the provisions of Ohio’s Concealed Carry legislation. The language of the expansion to the law now allows for employees to store their licensed handguns in vehicles owned by their employers. The new law also addresses […]

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Ohio’s New OVI “Look Back” Period

January 31, 2017  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Ohio’s New OVI “Look Back” Period

Governor Kasich recently signed into law House Bill 388, also known as “Annie’s Law,” that greatly alters the law in Ohio as it relates to operating a vehicle under the influence of drugs or alcohol (OVI). Included in the new legislation is language that will extend the amount of time in the “look back” provision […]

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New OVI Penalties Under Annie’s Law

January 26, 2017  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on New OVI Penalties Under Annie’s Law

On January 4, 2017, Governor Kasich signed House Bill 388, also known as “Annie’s Law,” into law. This OVI new law will drastically alter OVI (drunk driving) law and penalties in Ohio. Before the law goes into effect in April 6, it is important to take note of the new OVI penalties under the law. […]

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Officer Smelling Alcohol and Driver Admitting to Drinking Does Not Alone Create Probable Cause to Arrest for OVI

January 11, 2017  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Officer Smelling Alcohol and Driver Admitting to Drinking Does Not Alone Create Probable Cause to Arrest for OVI

  NO PROBABLE CAUSE TO ARREST FOR OVI WHERE OFFICER SMELLED ALCOHOL AND DRIVER ADMITTED TO HAVING ONLY A FEW DRINKS The Ohio Court of Appeals in State v. Hopp, 2016-Ohio-8027 held there is little indication of physical impairment where the state’s only evidence is: the officer smelled alcohol, the Defendant’s eyes were bloodshot, the […]

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Can the Police Search Your Glove Compartment (Glove Box) During a Traffic Stop?

December 20, 2016  |   Posted by :   |   Columbus Traffic Law   |   Comments Off on Can the Police Search Your Glove Compartment (Glove Box) During a Traffic Stop?

CAN THE POLICE SEARCH YOUR GLOVE COMPARTMENT (GLOVE BOX) DURING A TRAFFIC STOP?  The Ohio Court of Appeals recently held that police cannot search a glove box of a vehicle unless the police have sufficient probable cause to arrest, and a defendant is legally arrested legally. State v. Turner, 2016-Ohio-7983. In Turner, a Defendant was […]

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Can an Officer Pull Someone Over Even if He Didn’t Personally See the Traffic Violation?

October 30, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Can an Officer Pull Someone Over Even if He Didn’t Personally See the Traffic Violation?

Can an Officer Pull Someone Over Even if He Didn’t Personally Witness the Traffic Violation? The Fifth District Court of Appeals in Ohio has recently held that a driver’s violation of a traffic law gives an officer reasonable suspicion to stop the driver’s vehicle EVEN IF the officer did not himself see the violation.  The court in […]

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How Long Can Police Make a Driver Wait After a Traffic Stop? When Can Police Bring in a Drug Dog to Sniff the Car?

September 29, 2016  |   Posted by :   |   Ohio Drug Laws   |   Comments Off on How Long Can Police Make a Driver Wait After a Traffic Stop? When Can Police Bring in a Drug Dog to Sniff the Car?

  HOW LONG CAN POLICE MAKE A DRIVER WAIT AFTER A TRAFFIC STOP? WHEN CAN POLICE BRING IN A DRUG DOG? During a traffic stop, an officer may delay a driver only for enough time to issue a ticket or a warning. The officer is given time to run a computer search on the driver’s license, […]

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