Ohio’s New OVI “Look Back” Period

January 31, 2017  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Ohio’s New OVI “Look Back” Period

Governor Kasich recently signed into law House Bill 388, also known as “Annie’s Law,” that greatly alters the law in Ohio as it relates to operating a vehicle under the influence of drugs or alcohol (OVI). Included in the new legislation is language that will extend the amount of time in the “look back” provision […]

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New OVI Penalties Under Annie’s Law

January 26, 2017  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on New OVI Penalties Under Annie’s Law

On January 4, 2017, Governor Kasich signed House Bill 388, also known as “Annie’s Law,” into law. This OVI new law will drastically alter OVI (drunk driving) law and penalties in Ohio. Before the law goes into effect in April 6, it is important to take note of the new OVI penalties under the law. […]

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Officer Smelling Alcohol and Driver Admitting to Drinking Does Not Alone Create Probable Cause to Arrest for OVI

January 11, 2017  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Officer Smelling Alcohol and Driver Admitting to Drinking Does Not Alone Create Probable Cause to Arrest for OVI

  NO PROBABLE CAUSE TO ARREST FOR OVI WHERE OFFICER SMELLED ALCOHOL AND DRIVER ADMITTED TO HAVING ONLY A FEW DRINKS The Ohio Court of Appeals in State v. Hopp, 2016-Ohio-8027 held there is little indication of physical impairment where the state’s only evidence is: the officer smelled alcohol, the Defendant’s eyes were bloodshot, the […]

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Can the Police Search Your Glove Compartment (Glove Box) During a Traffic Stop?

December 20, 2016  |   Posted by :   |   Columbus Traffic Law   |   Comments Off on Can the Police Search Your Glove Compartment (Glove Box) During a Traffic Stop?

CAN THE POLICE SEARCH YOUR GLOVE COMPARTMENT (GLOVE BOX) DURING A TRAFFIC STOP?  The Ohio Court of Appeals recently held that police cannot search a glove box of a vehicle unless the police have sufficient probable cause to arrest, and a defendant is legally arrested legally. State v. Turner, 2016-Ohio-7983. In Turner, a Defendant was […]

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Can an Officer Pull Someone Over Even if He Didn’t Personally See the Traffic Violation?

October 30, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Can an Officer Pull Someone Over Even if He Didn’t Personally See the Traffic Violation?

Can an Officer Pull Someone Over Even if He Didn’t Personally Witness the Traffic Violation? The Fifth District Court of Appeals in Ohio has recently held that a driver’s violation of a traffic law gives an officer reasonable suspicion to stop the driver’s vehicle EVEN IF the officer did not himself see the violation.  The court in […]

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How Long Can Police Make a Driver Wait After a Traffic Stop? When Can Police Bring in a Drug Dog to Sniff the Car?

September 29, 2016  |   Posted by :   |   Ohio Drug Laws   |   Comments Off on How Long Can Police Make a Driver Wait After a Traffic Stop? When Can Police Bring in a Drug Dog to Sniff the Car?

  HOW LONG CAN POLICE MAKE A DRIVER WAIT AFTER A TRAFFIC STOP? WHEN CAN POLICE BRING IN A DRUG DOG? During a traffic stop, an officer may delay a driver only for enough time to issue a ticket or a warning. The officer is given time to run a computer search on the driver’s license, […]

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When Can Police Order Someone to Empty Their Pockets?

September 26, 2016  |   Posted by :   |   Ohio Drug Laws   |   Comments Off on When Can Police Order Someone to Empty Their Pockets?

WHEN CAN A POLICE OFFICER ORDER A PERSON TO EMPTY THEIR POCKETS? A recent decision from the Ohio Court of Appeals has held that police officers may order someone to empty his or her pockets only when the officer believes a person has a weapon (is armed and dangerous).  The police officer must be able to […]

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Law Requiring Use of Turn Signal 100 Feet Ahead of Turn Doesn’t Apply in a Private Parking Lot

August 30, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Law Requiring Use of Turn Signal 100 Feet Ahead of Turn Doesn’t Apply in a Private Parking Lot

FAILURE TO USE TURN SIGNAL IN PRIVATE PARKING LOTS This case – State v. Dowty, 2016-Ohio-4719 – involved a driver who was parked in a Walgreens parking lot. She drove from her parking spot to the exit and didn’t turn on her signal while the car was moving.   She turned it on briefly when […]

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Can a Police Officer Detain a Driver Beyond a Traffic Stop Just to Search for Drugs?

August 11, 2016  |   Posted by :   |   Columbus Criminal Defense, Columbus, Ohio DUI Law, Ohio Drug Laws   |   Comments Off on Can a Police Officer Detain a Driver Beyond a Traffic Stop Just to Search for Drugs?

DOES A POLICE OFFICER HAVE AUTHORITY TO CONTINUE A TRAFFIC STOP TO SEARCH FOR DRUGS OR OTHER CONTRABAND? The Eleventh District Court of Appeals has held that although a police officer may have a suspicion of illegal activity following a traffic stop, the police officer does not have ‘open season’ to investigate matters not reasonably […]

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What Happens if Urine Test Results in an OVI Case are Within the Margin of Error?

August 02, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on What Happens if Urine Test Results in an OVI Case are Within the Margin of Error?

Will a Court Consider Margins of Error in Urine Testing When a Defendant Faces an OVI Conviction? An Ohio Court of Appeals has recently ruled that it will not consider a margin of error as reason to dismiss an OVI case unless conviction “created such a manifest miscarriage of justice that the conviction must be reversed […]

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