.189 BAC Result Thrown Out: Police Cannot Enter Private Home Without a Warrant to Arrest an OVI suspect for the Purpose of Obtaining BAC Evidence of Intoxication

September 10, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off

The Ohio Supreme Court has acknowledged that officers can chase a suspect into a home if they are in “hot pursuit.”  But the key question is: When is an officer in hot pursuit?   In this case, a driver parked in his driveway ran into his house when the officer started stepping out of his […]

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Disorderly Conduct Charge Dismissed Because Words Spoken By Defendant Protected Under First Amendment

September 05, 2014  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off

Ohio’s disorderly conduct statute generally prohibits acting or speaking in an offensive way to another person.  However, the U.S.Constitution protects free speech under the First Amendment.  This means that even though some words might be rude or offensive, they cannot be punished criminally unless they are found to be “fighting words.” Here, the defendant was […]

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Failure to Stop (Hit Skip) Conviction Overturned Due to Incorrectly Written Ticket

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

This case demonstrates the importance of attention to detail and knowledge of Ohio traffic law in defending a traffic case.  This case involved an accident on private property in which the driver was charged with failure to control and hit skip (failure to stop).   But because the officer charged and the prosecutor proceeded under […]

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Evidence of Marijuana & Other Drugs Thrown Out Due to Illegal Warrantless Search of Home’s Backyard

August 27, 2014  |   Posted by :   |   Columbus Criminal Defense, Ohio Drug Laws   |   Comments Off

In this case, police were conducting a “knock and talk” to discuss suspected drugs in the home.  The police did not have a warrant.  However, one of the officers ventured to back of the house — without a warrant — and observed marijuana plants on the deck.   This observation then supported a warrant to […]

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OVI Dismissed: Stop By Police Unconstitutional Where Officer Pulled Car Over Simply Because He Observed Someone Yelling in the Car

August 16, 2014  |   Posted by :   |   Ohio DUI / OVI Defense   |   Comments Off

Police generally need either a warrant or “reasonable suspicion” that a crime or traffic violation has occurred to pull over a vehicle.  In this case, an officer said he heard someone yelling in a car and the driver “gesturing wildly.” He pulled him over and ultimately charged him with OVI.   The driver challenged the […]

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Furnishing Alcohol to an Underage Person Charge Dismissed Due to Unconstitutional Warrantless Entry

August 03, 2014  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off

Underage drinking citations often arise during or following parties at private homes.  If an officer actually enters a home and starts giving out underage drinking citations or citations for furnishing alcohol to a minor, the first question to ask is whether the officer’s entry was legal.   Did the officer have a warrant?  Did the […]

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Police Cannot Search Texts, Call Logs, Photos, Videos on Cell Phone Without a Warrant

July 27, 2014  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off

The U.S. Supreme Court recently considered whether the police can search someone’s cell phone data after they have been arrested.  Can they look through your texts and call log?  Can they scan through your pictures and videos to find evidence of a crime?   Their conclusion was no.  The police generally may not, without a […]

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Riddell Law Attorneys Named as Ohio Rising Stars by SuperLawyers® Magazine for 2015

July 25, 2014  |   Posted by :   |   Awards & Recognitions, Columbus, Ohio DUI Law   |   Comments Off

We received the good news yesterday that Attorneys Douglas Riddell and Bridget Purdue Riddell have been named yet again as Rising Stars by Ohio SuperLawyers Magazine for 2015.  The review selection process for the Rising Stars list involves three steps: creation of the candidate pool; review and evaluation of candidates by the SuperLawyers research department; […]

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Overweight Truck Citation Dismissed for Lack of Testimony Establishing Truck’s Weight

July 25, 2014  |   Posted by :   |   Ohio Traffic Defense   |   Comments Off

One recent Ohio commercial trucking case demonstrates the importance of details in defending against a criminal or traffic charge. Here, the trucker was charged with a local ordinance prohibiting an overweight vehicle on a local road.  However, at trial, the only testimony regarding the weight of the truck came from the officer’s estimate of how […]

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OVI Dismissed Based on Mistake of Law by Officer: Failure to Stop “At” Stop Sign Includes Stopping “On” the Stop Line

July 17, 2014  |   Posted by :   |   Ohio DUI / OVI Defense   |   Comments Off

In every OVI case, it is critical to examine the reason for the initial stop.  The police are required to have “reasonable, articulable suspicion” that you have committed a traffic stop or committed some other crime in order to pull you over.  If they think you committed a traffic violation – but were wrong on […]

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