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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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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OVI Dismissed: Driving With No Rear License Plate Lights Plus an Odor of Alcohol Is Not Alone Enough To Establish Reasonable Suspicion for Field Sobriety Tests

July 20, 2018  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Dismissed: Driving With No Rear License Plate Lights Plus an Odor of Alcohol Is Not Alone Enough To Establish Reasonable Suspicion for Field Sobriety Tests

CAN AN OFFICER ASK FOR FIELD SOBRIETY TESTS WHEN HE SEES AN EQUIPMENT VIOLATION, SUCH AS DRIVING WITHOUT LICENSE PLATE LIGHTS, BUT NO ERRATIC DRIVING? The Ohio Court of Appeals has held that when an officer is investigating a driver for Operating a Vehicle Under the Influence of Drugs or Alcohol (OVI) the officer must […]

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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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Columbus OVI Reversed Where Court Applied the Wrong Standard in Determining Validity of Arrest

May 10, 2018  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Columbus OVI Reversed Where Court Applied the Wrong Standard in Determining Validity of Arrest

OFFICERS MUST HAVE PROBABLE CAUSE BEFORE THEY CAN ARREST A DRIVER FOR OVI A woman was arrested in Columbus by Ohio State Highway Patrol on a charge of OVI.  Her case was heard in the Franklin County Municipal Court. The central issue at the motion to suppress was whether there was probable cause to arrest […]

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