Can I Withdraw or Take Back a Guilty Plea?

December 05, 2018  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Can I Withdraw or Take Back a Guilty Plea?

CAN I WITHDRAW OR TAKE BACK A GUILTY PLEA? Are you thinking about pleading guilty? Or have you already pleaded guilty and want to know if you can take it back? In Ohio, you can withdraw a guilty plea, but its harder if the case if further along.  Ohio Criminal Rule 32.1 says that a […]

Read More

Can You Be Convicted of a DUI (OVI) If You Refuse the Breathalyzer?

October 30, 2018  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Can You Be Convicted of a DUI (OVI) If You Refuse the Breathalyzer?

CAN YOU BE CONVICTED OF OVI OR DUI IF YOU REFUSE A BREATHALYZER? When an officer pulls someone over and suspects the driver may be impaired by alcohol, the officer can ask the driver to take a breathalyzer.  Depending on your local court, it may be in your interest to refuse to take the test. […]

Read More

Can You Drive for Uber or Lyft with a DUI / OVI On Your Record?

October 22, 2018  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Can You Drive for Uber or Lyft with a DUI / OVI On Your Record?

DRIVING FOR UBER OR LYFT WITH OVI / DUI OR TRAFFIC CONVICTIONS ON YOUR ON YOUR RECORD Many drivers in Ohio have signed up with companies like Uber and Lyft as a way to earn additional income. The questions we often most often from potential Uber / Lyft drivers are these: Can I drive for […]

Read More

Drug Charges Dismissed Where Search of Home Was Illegal – Police Cannot Detain Drivers Past Time to Write a Ticket Without Reasonable Suspicion of Other Criminal Activity

October 01, 2018  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Drug Charges Dismissed Where Search of Home Was Illegal – Police Cannot Detain Drivers Past Time to Write a Ticket Without Reasonable Suspicion of Other Criminal Activity

POLICE CANNOT DETAIN DRIVER PAST THE TIME TO ISSUE A TRAFFIC TICKET UNLESS THERE IS REASONABLE SUSPICION OF OTHER CRIMINAL ACTIVITY The Ohio Court of Appeals recently held that when an officer stops a driver for a traffic violation, but finds no other evidence of further illegal activity, then the officer may not stop the […]

Read More

Where Firefighters Found Marijuana While Fighting a Fire, Police Cannot Enter Home to Collect Evidence Without a Warrant Once Fire Extinguished

September 20, 2018  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Where Firefighters Found Marijuana While Fighting a Fire, Police Cannot Enter Home to Collect Evidence Without a Warrant Once Fire Extinguished

ONCE FIRE IS EXTINGUISHED, POLICE CANNOT ENTER A HOME TO COLLECT EVIDENCE WITHOUT A WARRANT – EVEN IF FIREFIGHTERS SAW MARIJUANA INSIDE WHILE PUTTING FIRE OUT  The Ohio Court of Appeals recently held that police may not search a house without a warrant unless police show that evidence they believe is in the house is […]

Read More

OVI Reversed Where Driver Asleep in Car and Police Possibly Exceeded Community Caretaking Function

September 12, 2018  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Reversed Where Driver Asleep in Car and Police Possibly Exceeded Community Caretaking Function

OVI CONVICTION REVERSED WHERE THE STATE FAILED TO SHOW AN OFFICER HAD REASONABLE SUSPICION TO DETAIN A DRIVER BEYOND CHECKING ON HER WELLBEING The Court of Appeals for the State of Ohio recently overturned an OVI conviction where an officer, who was alerted to a driver sleeping in their car in a parking lot, failed […]

Read More

OVI Dismissed Where No Marked Lanes Violation: Video Did Not Show Car Crossing Over Yellow Line

August 27, 2018  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Dismissed Where No Marked Lanes Violation: Video Did Not Show Car Crossing Over Yellow Line

CAN THE POLICE STOP YOU FOR DRIVING ON TOP OF THE PAINTED LINE ON THE ROAD  The Ohio Court of Appeals recently through out a conviction for Operating a Vehicle while Impaired on Alcohol (OVI) when the evidence showed Defendant did not drive his vehicle over the center line, but merely drove on top of […]

Read More

New Albany Charges Reversed Where Officer Failed to File Properly Attested and Signed Complaint

August 12, 2018  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on New Albany Charges Reversed Where Officer Failed to File Properly Attested and Signed Complaint

DRIVER ARGUES NEW ALBANY POLICE PULLING HIM OVER WITHOUT A VALID REASON    A driver in New Albany claims the police pulled him over only for the reason of investigating a tip that he had seemed impaired when inside a gas station.  In Village of New Albany v. Dalton, 104 Ohio App. 3d 307, the Court discussed […]

Read More

Driving Under Suspension Overturned Where Driver Had Valid Limited Driving Privileges

August 04, 2018  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Driving Under Suspension Overturned Where Driver Had Valid Limited Driving Privileges

APPEALS COURT OVERTURNS SUSPENDED LICENSE CONVICTION WHERE DRIVER HAS VALID DRIVING PRIVILEGES The Court of Appeals for the State of Ohio recently overturned a conviction for driving on a suspended license where the Defendant was previously granted limited driving privileges and it could be shown that the Defendant was operating within the guidelines set forth […]

Read More

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 […]

Read More