OVI Dismissed Due to Unconstitutional OVI Checkpoint

December 14, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off

In a recent Ohio case, the defendant was stopped at a DUI checkpoint.  While stopped, an officer became suspicious that the driver may be under the influence and directed the driver to a separate area.  The driver was then arrested and charged with OVI.   But because the Ohio State Highway Patrol failed to follow […]

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Can a Front Seat Passenger be Charged with OVI (DUI)?

December 09, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off

One recent Ohio OVI case -State v. Robertson, 2014-Ohio-5389 –  is interesting because the front seat passenger – and not the driver – was charged with OVI.  The prosecution’s argument was that because the intoxicated passenger flicked the driver’s cigarette out of her hand and onto her lap – causing her to crash – the […]

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Riddell Law Announces 2015 College Scholarship Contest

December 08, 2014  |   Posted by :   |   Awards & Recognitions   |   Comments Off

We recently posted the application for our second annual Riddell Law DUI Awareness Scholarship — a $500 scholarship to be given to a local Columbus or Delaware County high school senior to help pay for tuition, room and board, books or other materials necessary for an incoming college freshman.   This year we have chosen to highlight […]

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Drugs Found in Driver’s Pants Pocket During Traffic Stop Thrown Out Due to Illegal Search

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

One recent Ohio case highlights the importance of cruiser video evidence in traffic-related stops.  In this case, a car was pulled over for crossing the fog line.  Once pulled over, the officer said he smelled marijuana coming from the car.  He asked the driver to step out and then testified that he smelled marijuana coming from […]

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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 a recent Ohio 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 […]

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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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