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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Smell of Marijuana in the Car and Admitting to Smoking Marijuana is Not Alone Enough to Arrest for OVI in Ohio

July 14, 2017  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Smell of Marijuana in the Car and Admitting to Smoking Marijuana is Not Alone Enough to Arrest for OVI in Ohio

SMELL OF MARIJUANA AND ADMITTING TO SMOKING MARIJUANA IS NOT ALONE ENOUGH TO ARREST FOR OVI    The Court of Appeals for the State of Ohio recently delivered an opinion stating that the admission of using marijuana prior to driving, coupled with little other evidence, is not enough to convict a defendant for Operating a […]

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What Does an Officer Have to See (Bloodshot Eyes, Smell of Alcohol, Etc.) To Create Reasonable Suspicion to Ask a Driver to Perform Field Sobriety Tests?

July 10, 2017  |   Posted by :   |   Ohio DUI / OVI Defense   |   Comments Off on What Does an Officer Have to See (Bloodshot Eyes, Smell of Alcohol, Etc.) To Create Reasonable Suspicion to Ask a Driver to Perform Field Sobriety Tests?

WHAT MUST AN OFFICER SEE BEFORE ASKING A DRIVER TO COMPLETE FIELD SOBRIETY TESTS? The Ohio Court of Appeals has held that a police officer must observe certain factors before he or she may ask a driver to complete field sobriety tests. The Court also found that a minor traffic violation, coupled with a moderate […]

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Can a Court Suspend Your License After a Hit Skip (Failure to Stop After an Accident) Conviction?

June 20, 2017  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Can a Court Suspend Your License After a Hit Skip (Failure to Stop After an Accident) Conviction?

CAN A COURT SUSPEND YOUR DRIVER’S LICENSE AFTER A “HIT AND SKIP” (FAILURE TO STOP AFTER AN ACCIDENT)?” Answer: It depends.  The two most commonly charged hit skip code sections involving failure to stop after an accident on public or nonpublic roadways do carry a mandatory license suspension.  However, failing to stop after an accident […]

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Sitting Instead of Standing During HGN (Eye Test) May Reduce Accuracy of Test

June 07, 2017  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Sitting Instead of Standing During HGN (Eye Test) May Reduce Accuracy of Test

SITTING RATHER THAN STANDING DURING HGN (EYE TEST) CAN CAUSE FALSE POSITIVES DURING AN OVI STOP When a defendant is pulled over by an officer on a suspicion of Operating a Vehicle while Impaired (OVI), officers will generally ask the defendant to perform what are known as standardized field sobriety tests. (FSTs) Performance on FSTs often […]

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New Annie’s Law’s Ignition Interlock Requirements Face Unique Challenges in Rural Ohio

May 24, 2017  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on New Annie’s Law’s Ignition Interlock Requirements Face Unique Challenges in Rural Ohio

IGNITION INTERLOCK CREATES UNFORSEEN ISSUES FOR RESIDENTS OF OHIO’S RURAL COUNTIES Ohio has recently changed its OVI law, which governs operating a vehicle while under the influence of alcohol or drugs.  Under “Annie’s Law”, Ohio’s OVI penalties puts much more reliance on ignition interlock devices. These machines monitor the levels of alcohol in a person’s […]

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Ohio ALS Suspension Terminated in OVI Case Due to Police Officer Error

May 16, 2017  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Ohio ALS Suspension Terminated in OVI Case Due to Police Officer Error

CAN AN OHIO ALS SUSPENSION (ADMINISTRATIVE LICENSE SUSPENSION) BE TERMINATED DUE TO A POLICE ERROR? The Ohio Court of Appeals recently held that if a police officer doesn’t follow statutory procedure when putting a driver on an Ohio ALS suspension (Administrative License Suspension), the driver is entitled to an immediate termination of the license suspension. Toledo v. […]

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Ignition Interlock Devices: New Penalties & False Positives

April 23, 2017  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Ignition Interlock Devices: New Penalties & False Positives

IGNITION INTERLOCK DEVICES: OHIO’S NEW INTERLOCK PENALTIES & INTERLOCK FALSE POSITIVES  Ohio has recently changed its OVI law, which governs operating a vehicle while under the influence of alcohol or drugs. Under the new language of the law, Ohio puts much more reliance on ignition interlock devices. These machines monitor the levels of alcohol in […]

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Should You Plead No Contest to an OVI (DUI) Charge?

April 01, 2017  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Should You Plead No Contest to an OVI (DUI) Charge?

SHOULD YOU PLEAD NO CONTEST WHEN CHARGED WITH AN OVI IN OHIO? Pleading “no contest” is often misunderstood.  Many people confuse “no contest” with “not guilty” but the two pleas are not at all the same.  In fact, pleading “no contest” is essentially a guilty plea.  If you plead “no contest,” you have no opportunity to […]

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