Criminal Charges Thrown Out Where No Probable Cause to Stop Driver for Marked Lanes or OVI

April 18, 2018  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Criminal Charges Thrown Out Where No Probable Cause to Stop Driver for Marked Lanes or OVI

HOW LONG CAN AN OFFICER STOP A DRIVER IF THERE IS NO EVIDENCE OF ILLEGAL ACTIVITY?  The United States Sixth Circuit Court of Appeals in Ohio recently held an officer may not keep a driver at a traffic stop indefinitely and exhaust every possibility of criminal activity before allowing a driver to leave a traffic […]

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Can Police Use Blood Tests Taken by Hospital Staff to Convict Someone of OVI?

March 14, 2018  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Can Police Use Blood Tests Taken by Hospital Staff to Convict Someone of OVI?

BLOOD TESTS TAKEN BY HOSPITAL STAFF CANNOT BE USED IN AN OVI CASE UNLESS AN EXPERT CAN TESTIFY THAT THE SAMPLE WAS VALIDLY, ACCURATELY AND PROPERLY COLLECTED The Ohio Court of Appeals recently held that a trial court may admit the results of a blood test taken by hospital staff for use in a case of […]

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Drug Possession Charge Thrown Out Due to Invalid Failure to Yield Traffic Stop

January 15, 2018  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Drug Possession Charge Thrown Out Due to Invalid Failure to Yield Traffic Stop

INVALID FAILURE TO YIELD STOP LEADS COURT TO THROW OUT DRUG POSSESSION CHARGE The Ohio Court of Appeals recently held that a traffic stop is not valid when officers incorrectly determined that a driver committed a traffic violation. When there is an objective lack of criminal activity, a traffic stop is unlawful – and anything […]

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Failure to Disclose Personal Information – ORC 2921.29

December 08, 2017  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Failure to Disclose Personal Information – ORC 2921.29

Is it a Crime in Ohio to Refuse to Provide Personal Information to a Police Officer?  It Depends.  In Ohio, if an officer has reasonable suspicion that you have committed a crime, and asks for your name, address, or date of birth, you are obligated to provide that information to the officer. Failing or refusing […]

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Physical Control Charge Thrown Out When Court Found An Odor of Alcohol and Admitting to Drinking “A Few Beers” Is Not Enough for Reasonable Suspicion

November 02, 2017  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Physical Control Charge Thrown Out When Court Found An Odor of Alcohol and Admitting to Drinking “A Few Beers” Is Not Enough for Reasonable Suspicion

CAN THE POLICE ORDER FIELD SOBRIETY TESTS AFTER A DRIVER ADMITS TO DRINKING?  The Court of Appeals for the State of Ohio has recently held that police cannot ask a driver to step out of  his car and perform field sobriety tests if an officer only observes (1) an odor of alcohol, and (2) the […]

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OVI Charges Dismissed Due to Speedy Trial Violation

October 13, 2017  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Charges Dismissed Due to Speedy Trial Violation

WHAT ARE SPEEDY TRIAL RIGHTS AND HOW LONG BEFORE YOUR RIGHT IS VIOLATED? The Court of Appeals in Ohio recently held that a conviction for operating a vehicle under the influence of alcohol or drugs (OVI) should be thrown out because the state failed to hold a trial within the time limits expressly stated in […]

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Restitution Ordered By a Court in a Theft (or Other Criminal Case) Cannot Include the Cost of Investigating the Crime

October 13, 2017  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Restitution Ordered By a Court in a Theft (or Other Criminal Case) Cannot Include the Cost of Investigating the Crime

CAN A DEFENDANT BE FORCED TO PAY FOR THE INVESTIGATION OF HIS OR HER CRIMINAL CASE (E.G. A THEFT INVESTIGATION)? The Court of Appeals for the State of Ohio recently held that a trial court may only order restitution in a criminal case that is the “direct or proximate result” of the criminal offense. State […]

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

September 24, 2017  |   Posted by :   |   Columbus, Ohio DUI 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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If You are Found Guilty of OVI, Can the Police Permanently Seize Your Car (Forfeiture)?

August 19, 2017  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on If You are Found Guilty of OVI, Can the Police Permanently Seize Your Car (Forfeiture)?

AFTER A THIRD OVI CONVICTION IN TEN YEARS, POLICE CAN PERMANENTLY SEIZE YOUR CAR  The Ohio Court of Appeals clarified the procedure by which the State must follow before a defendant must surrender his or her car following an OVI conviction. State v. Cremeans, 2017-Ohio-4400 In Cremeans, the Defendant was found guilty of his third […]

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Can You Be Charged with OVI For Driving After Taking the Prescription Medication Zoloft With No Alcohol?

July 20, 2017  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Can You Be Charged with OVI For Driving After Taking the Prescription Medication Zoloft With No Alcohol?

CAN YOU BE FOUND GUILTY OF OVI FOR DRIVING AFTER TAKING PRESCRIPTION MEDICATION (ZOLOFT) DESPITE NOT DRINKING ALCOHOL?  The Court of Appeals near Delaware, Ohio has recently held that a driver can be convicted of OVI for taking prescription medication without any expert testimony at trial about the effects of that particular medication.   State v. […]

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