Child Endangering and Disorderly Conduct Conviction Overturned for Lack of Evidence

July 31, 2015  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Child Endangering and Disorderly Conduct Conviction Overturned for Lack of Evidence

In a recent Ohio Court of Appeals case – Cleveland Heights v. Cohen, 2015-Ohio-1636 – the appeals court reversed the defendant’s convictions for disorderly conduct and child endangering.  The court found that neither charge was supported by the evidence. For child endangering, the offender must create a “substantial risk” to the child by violating a duty of […]

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Hit Skip Charge Dismissed in One Car Accident Where State Did Not Establish “Failure to Report” Element

July 13, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Hit Skip Charge Dismissed in One Car Accident Where State Did Not Establish “Failure to Report” Element

In a recent hit-skip case, a driver in a one-car accident hit a utility pole and failed to stop.  The police caught him later that night and arrested him.  On appeal, the court noted that failure to report is an essential element of the hit skip statute in Ohio.  Thus, the defendant’s motion for acquittal […]

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Disorderly Conduct and Resisting Arrest Charges Dismissed Where Search Was Unreasonable

July 09, 2015  |   Posted by :   |   Columbus Criminal Defense, Columbus, Ohio DUI Law   |   Comments Off on Disorderly Conduct and Resisting Arrest Charges Dismissed Where Search Was Unreasonable

An Ohio Court of Appeals recently decided another case involving an unreasonable search by police.  Here, upon responding to a noise complaint, a police officer stuck his foot in the door to prevent the resident from closing it – without a warrant and without any applicable exception to the warrant requirement. Because the search violated […]

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Marijuana Evidence Thrown Out: Township Officer Lacked Authority to Make Traffic Stop on Interstate Highway

June 28, 2015  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Marijuana Evidence Thrown Out: Township Officer Lacked Authority to Make Traffic Stop on Interstate Highway

The Ohio Supreme Court recently decided a case asking whether a traffic stop based on probable cause but contrary to an Ohio statute rises to the level of a constitutional violation.  Full text of the case is here: State v. Brown, Slip Opinion No. 2015-Ohio-2438. The Court found that a traffic stop for a minor misdemeanor made […]

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Is Ohio’s Marijuana “Drugged Driving Per Se” OVI Law Constitutional?

June 16, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Is Ohio’s Marijuana “Drugged Driving Per Se” OVI Law Constitutional?

A recent Ohio Court of Appeals decision – State v. Schulz, 2015-Ohio-2252 – considered whether Ohio’s drugged driving law is constitutional.  Specifically, Ohio’s OVI law makes it a crime to drive with more than 35 ng/ml of marijuana metabolite in the driver’s urine.  If a urine test is over this limit, the person can be […]

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Franklin County Appelas Court Explains Requirements for Expungement Hearing

June 12, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Franklin County Appelas Court Explains Requirements for Expungement Hearing

One recent Columbus expungement case in the Franklin County Municipal Court reiterated the procedure that must be followed in expungement cases under the Ohio statute.  In every expungement case – even expungement of dismissed charges – the judge must apply a balancing test to determine whether the interest of the applicant in dismissing the charges […]

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OVI Charge Dismissed Based on Failure to Establish Violation of Ohio’s “Move Over” Law (Failure to Yield to Emergency Vehicle)

May 24, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Charge Dismissed Based on Failure to Establish Violation of Ohio’s “Move Over” Law (Failure to Yield to Emergency Vehicle)

In a recent case, our client was pulled over for failure to “move over” for a police cruiser in the shoulder.  At a motion hearing on whether the officer had reasonable suspicion for the stop, Attorney Doug Riddell argued that the state failed to establish the defendant’s speed prior to the stop – an essential […]

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Pat-Down of Passenger Before Having Him Wait in Patrol Car for a Ride During an OVI Stop is an Unreasonable Search

May 21, 2015  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Pat-Down of Passenger Before Having Him Wait in Patrol Car for a Ride During an OVI Stop is an Unreasonable Search

In the case of an OVI stop, there is often a passenger or multiple passengers in the car.  In this case, the passenger was waiting for a ride and was told to wait in the back of the patrol car.  Before putting him in the patrol car, the officer patted him down and found a handgun. […]

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Speeding Conviction Overturned Where State Failed to Establish Scientific Reliability of Specific Radar Device

May 04, 2015  |   Posted by :   |   Columbus Traffic Law   |   Comments Off on Speeding Conviction Overturned Where State Failed to Establish Scientific Reliability of Specific Radar Device

We have seen several “judicial notice” speeding cases recently in the Ohio Courts of Appeals.  Most recently, the Fifth District Court of Appeals overturned a speeding conviction based on faulty judicial notice by the trial court.   If the state fails to prove the scientific reliability of a specific radar or laser device and the […]

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OVI Dismissed Where Trooper’s Dash Cam Did Not Show Marked Lanes Violation

April 18, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Dismissed Where Trooper’s Dash Cam Did Not Show Marked Lanes Violation

Many of the OVI / DUI cases we see involve an allegation of a marked lanes violation.  In these cases, the officer says that the reason for the stop is that the driver drove outside of his lane across the yellow line or the center line.  With the widespread use of cruiser dash cameras, these […]

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