OVI Conviction Based on Pain Medication Overturned Due to Insufficient Evidence

March 07, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off

Given the increasing prevalence of prescription medication use, the number of “drugged driving” cases are on the rise.  These cases — although charged under the same Ohio statute as driving under the influence of alcohol (OVI) — can involve different requirements of proof in court. The FDA has approved more than 1000 prescription drugs (which […]

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Ohio Appeals Court: Trial Court Ordering 300 Hours of Community Service in Lieu of $200 Fine is Unreasonable Sentence

March 02, 2015  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off

In cases where a fine is imposed as part of a misdemeanor sentence, Ohio statutes allow that fine to be imposed in the form of community service.  This is particularly helpful where a defendant is unemployed or has limited income. However, when community service is imposed in lieu of a fine, the community service hours […]

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Driving Under Suspension Charge Dismissed Due to Failure by BMV to Provide Notice of Suspension

February 18, 2015  |   Posted by :   |   Columbus Traffic Law   |   Comments Off

In order to be convicted of driving under suspension, the Ohio BMV must have – at the very least – mailed a notice of your suspension.   One Ohio case – State v. Walker, 2010-Ohio-3043 – demonstrates this rule.   If you are pulled over for driving under suspension before the BMV sends a notice of […]

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Ohio Supreme Court Justice Pfeifer Discusses Riddell Law’s Recent Supreme Court Victory

February 11, 2015  |   Posted by :   |   Awards & Recognitions   |   Comments Off

Ohio Supreme Court Justice Pfeifer recently wrote an informative article discussing State v. Romage, the recent Ohio Supreme Court case victory by the attorneys at Riddell Law. Justice Pfeifer discusses multiple arguments made by Riddell Law on Mr. Romage’s behalf before the court.  The Supreme Court did agree with our arguments and find the criminal […]

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Drug Evidence Suppressed Where Police Search Driver Without Reasonable Suspicion of Criminal Activity

February 09, 2015  |   Posted by :   |   Ohio Drug Laws   |   Comments Off

In another recent unconstitutional search and seizure case, an Ohio Court of Appeals has again affirmed that being in a high-crime area does not in itself allow police to conduct warrantless searches. In this case, a driver was parked at a gas pump and had a baggie in his hand.  He was approached by police who […]

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Speeding Conviction Vacated for Failure to Introduce Evidence of Scientific Reliability of Laser Gun

January 31, 2015  |   Posted by :   |   Columbus Traffic Law   |   Comments Off

In order to establish speeding beyond a reasonable doubt, the prosecutor must prove that: (1) the laser device is in good condition for accurate readings, (2) the officer is qualified to administer the laser device, and (3) the specific laser or other speed measuring device is scientifically reliable. In one recent Ohio case – East Liverpool […]

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Drug Charges Dismissed Where Driver Detained Beyond Time Required for Original Stop

January 26, 2015  |   Posted by :   |   Ohio Drug Laws   |   Comments Off

Under Ohio law, if a police officer’s reason for continuing to detain a driver is unrelated to the original reason for the stop, and when that continued detention is not based any articulable facts giving rise to a suspicion of some illegal activity, the search is an illegal seizure. In State v. Love, 2015-Ohio-142, the […]

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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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