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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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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