“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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Right to a Speedy Trial Violated When Warrant Not Served Timely

June 01, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Right to a Speedy Trial Violated When Warrant Not Served Timely

We often speak with clients and potential clients that have outstanding warrants and are not sure what to do.  If a warrant has been outstanding for more than a year and the police have made no effort to serve the warrant or find the person that is subject to the warrant, there may be a […]

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What Prescription Drug Level Makes it Illegal for You to Drive (DUI / OVI) in Ohio?

May 16, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on What Prescription Drug Level Makes it Illegal for You to Drive (DUI / OVI) in Ohio?

Ohio Drugs For Which There is a “Per Se” Blood / Urine / Breath Limit The only substances for which there is a blood / urine / breath “limit” under Ohio law are: Alcohol Amphetamine (examples: Meth, Adderall, Ritalin, Dexedrine, Dextroamphetimine, “Uppers”, Speed) Cocaine / Cocaine metabolite Heroin / Heroin metabolite LSD Marijuana / Marijuana […]

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What “Clues” are Ohio Officers Looking for on the “Walk and Turn” OVI Field Sobriety Test?

May 15, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on What “Clues” are Ohio Officers Looking for on the “Walk and Turn” OVI Field Sobriety Test?

When administering field sobriety tests, one of the first tests officers will do with OVI suspects is the “walk and turn” test.  In this test, the officer asks the suspect to walk on a line taking nine steps forward, pivot on one foot in a circle and then take nine steps back.   The officer […]

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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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