Physical Control Charge Dismissed Where Prosecutor Offered No Evidence as to What Drug Allegedly Impaired the Driver

November 17, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off

In this case, the defendant was charged with physical control.  She was found asleep at the wheel of a gas station. There was no odor of marijuana or other drugs.  But the officer said the driver had very slurred speech, red, bloodshot eyes, was very unsteady on her feet, didn’t know what time it was, and […]

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Anonymous Tip to Police About “Suspicious Van” Cannot Justify OVI Stop

October 26, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off

We have discussed anonymous tips in prior posts.  An anonymous caller tips the police to a potential drunk driver, often resulting in an OVI charge.  Looking closely at those anonymous calls, however, can be a critical part of defending against an OVI charge.  If the caller is anonymous, does not describe any actual criminal activity, […]

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Obstruction of Official Business Conviction Reversed for Lack of Affirmative Act

October 20, 2014  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off

Officer Alleges that Defendant Obstructed Official Business By Delaying Car From Being Towed  An officer arrived at the scene of a disabled vehicle on an off-ramp.  When he arrived, he saw a woman standing next to the car while her daughter remained inside.  She told the officer that she called Nationwide Insurance to tow her vehicle. […]

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HGN (Horizontal-Gaze Nystagmus) Eye Test Thrown Out for Failure to Comply with NHSTA Manual

October 13, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off

Driver Pulled Over for Suspected OVI – Agrees to HGN Eye Test An officer began following a vehicle after seeing it drive over the center line.  After seeing the car drive over the center line a second time, the officer pulled the car over. After pulling the driver over, the officer determined that the driver’s […]

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Ohio Supreme Court: OVI Defendant May Challenge the Reliability & Operation of Specific Breathalyzer Machine Results

October 06, 2014  |   Posted by :   |   Ohio DUI / OVI Defense   |   Comments Off

Recently, the Ohio Supreme Court decided a groundbreaking case in the area of OVI law.  In Cincinnati v. Ilg, Slip Opinion No. 2014-Ohio-4258,  the Ohio Supreme Court clarified that a defendant does have the right to challenge “the accuracy, competence, admissibility, relevance, authenticity, or credibility of specific test results or whether the specific machine used […]

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OVI Dismissed: Delaying at a Green Light Not Considered Illegal “Parking” to Justify a Traffic Stop

October 06, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off

One of the first potential defenses to an OVI stop is: Was the reason for the stop lawful?   In order to pull a car over, a police officer must have “reasonable suspicion that a traffic violation has occurred or was occurring.”  Even if the traffic violation is very minor (i.e., failure to use a […]

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0.189 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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