Will Ohio’s OVI Forfeiture Law Be Found Unconstitutional?

March 07, 2019  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Will Ohio’s OVI Forfeiture Law Be Found Unconstitutional?

The U.S. Supreme Court recently found that states can not impose excessive fines in criminal and traffic cases. The Court ruled that the Excessive Fine Clause of the Eight Amendment applies to the states, and punishments deemed to include excessive fines are now unconstitutional. Timbs v. Indiana, 586 U.S. ____ (2019). The Minnesota Court of Appeals, […]

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OVI Conviction Overturned Where Officer Incorrectly Pulled Driver Over for a Turn Signal Violation on a Curved Road

March 07, 2019  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Conviction Overturned Where Officer Incorrectly Pulled Driver Over for a Turn Signal Violation on a Curved Road

The Ohio Court of Appeals recently overturned an OVI conviction because the officer incorrectly used Ohio’s turn signal law as a reason to stop a driver. State v. Trout, 2019-Ohio-124. The officer testified that he believed he pulled the driver over because he honestly believed the driver committed a traffic violation. However, the law says […]

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OHIO BMV BEGINNING AMNESTY PROGRAM TO REDUCE REINSTATEMENT FEES

December 11, 2018  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OHIO BMV BEGINNING AMNESTY PROGRAM TO REDUCE REINSTATEMENT FEES

According to the Ohio Bureau of Motor Vehicles, more than one million residents of Ohio have their driver’s license suspended. A major hurdle to getting a valid license is paying a reinstatement fee to the Ohio BMV. The reinstatement fee can often be more than one hundred dollars. A new amnesty program in 2019 will […]

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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 […]

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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. […]

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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 […]

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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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