Archive | Columbus Traffic Law

Drug Charges Dismissed Where Officer Lacked Reasonable Suspicion for Traffic Stop for Failure to Use Turn Signal

July 21, 2018  |   Posted by :   |   Columbus Traffic Law   |   Comments Off on Drug Charges Dismissed Where Officer Lacked Reasonable Suspicion for Traffic Stop for Failure to Use Turn Signal

NO REASONABLE SUSPICION FOR TRAFFIC STOP WHERE THERE WAS NO TURN SIGNAL VIOLATION  The Ohio Court of Appeals recently issued a decision that states an officer cannot conduct a traffic stop on a driver where the driver did not commit a traffic violation and it can be shown that no other officer would have pulled […]

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Is There a Grace Period After An Accident Before You Have to Call the Police to Avoid a Hit and Run Charge?

June 18, 2018  |   Posted by :   |   Columbus Traffic Law   |   Comments Off on Is There a Grace Period After An Accident Before You Have to Call the Police to Avoid a Hit and Run Charge?

IS THERE A GRACE PERIOD AFTER AN ACCIDENT BEFORE A DRIVER HAS TO CALL THE POLICE? The 24-hour “grace period” rule only applies to accidents that happen on public or private property that is NOT a public road or highway.  In other words, if you are in an accident on public road or highway, there […]

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Is Safe Driving a Defense to a Speeding Ticket in Ohio?

September 24, 2017  |   Posted by :   |   Columbus Traffic Law   |   Comments Off on Is Safe Driving a Defense to a Speeding Ticket in Ohio?

IS SAFE DRIVING A DEFENSE A SPEEDING TICKET? If a driver can show that her excess speed did not have an effect on her ability to safely operate a vehicle, will a court recognize that as a defense to a speeding citation? The Ohio Court of Appeals sought to provide an answer to that question […]

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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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Fighting an Aircraft Speeding Ticket: A Few Potential Defenses

April 17, 2016  |   Posted by :   |   Columbus Traffic Law, Columbus, Ohio DUI Law   |   Comments Off on Fighting an Aircraft Speeding Ticket: A Few Potential Defenses

Police in Ohio are using aircraft (helicopters) routinely to cite speeding drivers on Ohio roads.  If you are cited for speeding based on the observations of officers in a police aircraft, are there any unique defenses available?   Yes.   If you are facing an aircraft speeding ticket (i.e. helicopter), some questions to ask in […]

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Can You Drive in Ohio with a Foreign Driver’s License?

August 06, 2015  |   Posted by :   |   Columbus Traffic Law   |   Comments Off on Can You Drive in Ohio with a Foreign Driver’s License?

Answer: Yes – Under certain conditions. In Ohio, a driver who is a resident of another country and who is a bona fide tourist visiting the United States may drive up to one year with their own national license plates (registration tags) on their vehicle and with their own driver’s license.  When US citizens visit foreign […]

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Speeding Conviction Overturned Where State Failed to Establish Scientific Reliability of Specific Radar Device

May 04, 2015  |   Posted by :   |   Columbus Traffic Law   |   Comments Off on Speeding Conviction Overturned Where State Failed to Establish Scientific Reliability of Specific Radar Device

We have seen several “judicial notice” speeding cases recently in the Ohio Courts of Appeals.  Most recently, the Fifth District Court of Appeals overturned a speeding conviction based on faulty judicial notice by the trial court.   If the state fails to prove the scientific reliability of a specific radar or laser device and the […]

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Speeding Conviction Overturned Where Court Failed to Take Proper Judicial Notice of Accuracy of Laser

April 18, 2015  |   Posted by :   |   Columbus Traffic Law   |   Comments Off on Speeding Conviction Overturned Where Court Failed to Take Proper Judicial Notice of Accuracy of Laser

When it comes to the reliability of laser or other speed devices, the court does not necessarily have to hear expert testimony in every case.  Rather, as a kind of shortcut, Ohio courts are allowed to take “judicial notice” of a specific laser or radar device’s scientific reliability if it has been proven before in […]

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

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

January 31, 2015  |   Posted by :   |   Columbus Traffic Law   |   Comments Off on Speeding Conviction Vacated for Failure to Introduce Evidence of Scientific Reliability of Laser Gun

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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