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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Can Police Enter Your Home Without Knocking and Announcing First?

April 30, 2018  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Can Police Enter Your Home Without Knocking and Announcing First?

CAN POLICE ENTER YOUR HOME WITHOUT ANNOUNCING THEIR PRESENCE? The Ohio Supreme Court held that police who violate Ohio’s “Knock and Announce” rule may still be able to arrest a defendant if police initiate the arrest with a valid warrant. State v. Bembry, 2017-Ohio-8114. In Bembry, the police obtained a warrant to search the home […]

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Criminal Charges Thrown Out Where No Probable Cause to Stop Driver for Marked Lanes or OVI

April 18, 2018  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Criminal Charges Thrown Out Where No Probable Cause to Stop Driver for Marked Lanes or OVI

HOW LONG CAN AN OFFICER STOP A DRIVER IF THERE IS NO EVIDENCE OF ILLEGAL ACTIVITY?  The United States Sixth Circuit Court of Appeals in Ohio recently held an officer may not keep a driver at a traffic stop indefinitely and exhaust every possibility of criminal activity before allowing a driver to leave a traffic […]

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Can Police Use Blood Tests Taken by Hospital Staff to Convict Someone of OVI?

March 14, 2018  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Can Police Use Blood Tests Taken by Hospital Staff to Convict Someone of OVI?

BLOOD TESTS TAKEN BY HOSPITAL STAFF CANNOT BE USED IN AN OVI CASE UNLESS AN EXPERT CAN TESTIFY THAT THE SAMPLE WAS VALIDLY, ACCURATELY AND PROPERLY COLLECTED The Ohio Court of Appeals recently held that a trial court may admit the results of a blood test taken by hospital staff for use in a case of […]

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Drug Possession Charge Thrown Out Due to Invalid Failure to Yield Traffic Stop

January 15, 2018  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Drug Possession Charge Thrown Out Due to Invalid Failure to Yield Traffic Stop

INVALID FAILURE TO YIELD STOP LEADS COURT TO THROW OUT DRUG POSSESSION CHARGE The Ohio Court of Appeals recently held that a traffic stop is not valid when officers incorrectly determined that a driver committed a traffic violation. When there is an objective lack of criminal activity, a traffic stop is unlawful – and anything […]

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Failure to Disclose Personal Information – ORC 2921.29

December 08, 2017  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Failure to Disclose Personal Information – ORC 2921.29

Is it a Crime in Ohio to Refuse to Provide Personal Information to a Police Officer?  It Depends.  In Ohio, if an officer has reasonable suspicion that you have committed a crime, and asks for your name, address, or date of birth, you are obligated to provide that information to the officer. Failing or refusing […]

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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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