We get this question a lot: Police never read me Miranda rights or they read them to me after I was already in the police car or already at the station arrested for OVI. If they didn’t read me my rights, can I get my OVI case dismissed or reduced? The answer, like many questions […]Read More
Are Speedy Trial Rights Violated When the State Files Per Se OVI Charges Upon Receipt of Urine Test Results?
One recent Ohio Court of Appeals (State v. Wieland, 2016-Ohio-261) asked this question: Are the speedy trial rights of a defendant violated if the state files per se OVI charges (under R.C. 4511.19(A)(1)(e)) months after receiving the results of the defendant’s urine test? Unfortunately, the court found that the answer is no. Speedy trial […]Read More
Let’s say you and your friends decide to go camping. But instead of a sanctioned camping area, you decide to go to an out of the way place in the woods. Or to an abandoned or unfinished house. The police come – can they search your things even if they don’t arrest you for […]Read More
Ohio officers are required to perform all field sobriety tests in compliance with the National Highway Traffic Safety Administration (NHSTA) manual. The NHSTA manual states that someone more than 50 pounds overweight may have difficulty performing certain field sobriety tests — namely, the one leg stand. The fact that a defendant is more […]Read More
Answer: Probably (but Ohio courts haven’t definitively decided the issue). Ohio courts do not appear to have not definitively decided the constitutionality of stopping a bicycle at a DUI checkpoint. But it does happen and, so far, Ohio courts have allowed it. This issue came up recently in State v. Hemela, 2015-Ohio-4749. In this case, the […]Read More
The Police Marked Me as a “Refusal” on the Breathalyzer Even Though I Tried to Blow. Can They Do That?
In Ohio, if you are pulled over for an OVI and refuse a breathalyzer or other chemical test or test over the legal limit, your license will be automatically suspended under what is called an Administrative License Suspension (“ALS” suspension). This administrative suspension is through the BMV and is separate from any suspension you might […]Read More
ANSWER: It depends. Ohio Crim.R. 7(D), provides in relevant part: “The court may at any time before, during, or after a trial amend the indictment, information, complaint, or bill of particulars, in respect to any defect, imperfection, or omission in form or substance, or of any variance with the evidence, provided no change is made […]Read More
CDL Driver Charged with OVI Involving Prescription Meds (Xanax and Lortab) Acquitted Where State Failed to Prove Nexus Between Impairment and Meds
With the rising use of prescription medications in Ohio, more and more of our clients are charged with OVI while under the influence of prescription medications. Under Ohio law, though, it is not a crime by itself to take drive and prescription meds. Rather, it is a crime to drive while under the influence […]Read More
No. Just smelling marijuana coming from the car is not alone enough justification for a warrantless search of the trunk in Ohio. The Ohio Supreme Court in State v. Moore, 90 Ohio St.3d 47 (2000) found that if an officer smells marijuana during a traffic stop coming from a car, he can search the passenger […]Read More
Can the Police Search and Arrest You for A Minor Misdemeanor (e.g. Marijuana Possession or a Traffic Offense) in Ohio?
Can Police Arrest You for a Minor Misdemeanor Such As Marijuana Possession or a Traffic Offense? In most circumstances, if you are pulled over for a traffic offense or minor misdemeanor in Ohio (including minor misdemeanor marijuana possession), the police cannot arrest you. By definition, a minor misdemeanor (including having less than 20g of marijuana […]Read More