Tag Archives: charges dismissed

Hit Skip Charge Dismissed in One Car Accident Where State Did Not Establish “Failure to Report” Element

July 13, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Hit Skip Charge Dismissed in One Car Accident Where State Did Not Establish “Failure to Report” Element

In a recent hit-skip case, a driver in a one-car accident hit a utility pole and failed to stop.  The police caught him later that night and arrested him.  On appeal, the court noted that failure to report is an essential element of the hit skip statute in Ohio.  Thus, the defendant’s motion for acquittal […]

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Disorderly Conduct and Resisting Arrest Charges Dismissed Where Search Was Unreasonable

July 09, 2015  |   Posted by :   |   Columbus Criminal Defense, Columbus, Ohio DUI Law   |   Comments Off on Disorderly Conduct and Resisting Arrest Charges Dismissed Where Search Was Unreasonable

An Ohio Court of Appeals recently decided another case involving an unreasonable search by police.  Here, upon responding to a noise complaint, a police officer stuck his foot in the door to prevent the resident from closing it – without a warrant and without any applicable exception to the warrant requirement. Because the search violated […]

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Pat-Down of Passenger Before Having Him Wait in Patrol Car for a Ride During an OVI Stop is an Unreasonable Search

May 21, 2015  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Pat-Down of Passenger Before Having Him Wait in Patrol Car for a Ride During an OVI Stop is an Unreasonable Search

In the case of an OVI stop, there is often a passenger or multiple passengers in the car.  In this case, the passenger was waiting for a ride and was told to wait in the back of the patrol car.  Before putting him in the patrol car, the officer patted him down and found a handgun. […]

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Speeding Conviction Overturned Where State Failed to Establish Scientific Reliability of Specific Radar Device

May 04, 2015  |   Posted by :   |   Columbus Traffic Law   |   Comments Off on Speeding Conviction Overturned Where State Failed to Establish Scientific Reliability of Specific Radar Device

We have seen several “judicial notice” speeding cases recently in the Ohio Courts of Appeals.  Most recently, the Fifth District Court of Appeals overturned a speeding conviction based on faulty judicial notice by the trial court.   If the state fails to prove the scientific reliability of a specific radar or laser device and the […]

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Drug Charge Dismissed: Car Owner/Driver Cannot Consent to Search of Passenger’s Purse or Bag

April 14, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Drug Charge Dismissed: Car Owner/Driver Cannot Consent to Search of Passenger’s Purse or Bag

The Fourth Amendment protects individuals from unreasonable searches and seizures.  Generally, for a search to be considered constitutionally reasonable, the officer must have probable cause and a warrant. There are a few exceptions to the warrant rule.   One is consent.  If you consent to a search by the police, you waive your Fourth Amendment rights. […]

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Driving Under Suspension Charge Dismissed Due to Failure by BMV to Provide Notice of Suspension

February 18, 2015  |   Posted by :   |   Columbus Traffic Law   |   Comments Off on Driving Under Suspension Charge Dismissed Due to Failure by BMV to Provide Notice of Suspension

In order to be convicted of driving under suspension, the Ohio BMV must have – at the very least – mailed a notice of your suspension.   One Ohio case – State v. Walker, 2010-Ohio-3043 – demonstrates this rule.   If you are pulled over for driving under suspension before the BMV sends a notice of […]

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Drug Evidence Suppressed Where Police Search Driver Without Reasonable Suspicion of Criminal Activity

February 09, 2015  |   Posted by :   |   Ohio Drug Laws   |   Comments Off on Drug Evidence Suppressed Where Police Search Driver Without Reasonable Suspicion of Criminal Activity

In another recent unconstitutional search and seizure case, an Ohio Court of Appeals has again affirmed that being in a high-crime area does not in itself allow police to conduct warrantless searches. In this case, a driver was parked at a gas pump and had a baggie in his hand.  He was approached by police who […]

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Speeding Conviction Vacated for Failure to Introduce Evidence of Scientific Reliability of Laser Gun

January 31, 2015  |   Posted by :   |   Columbus Traffic Law   |   Comments Off on Speeding Conviction Vacated for Failure to Introduce Evidence of Scientific Reliability of Laser Gun

In order to establish speeding beyond a reasonable doubt, the prosecutor must prove that: (1) the laser device is in good condition for accurate readings, (2) the officer is qualified to administer the laser device, and (3) the specific laser or other speed measuring device is scientifically reliable. In one recent Ohio case – East Liverpool […]

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Drug Charges Dismissed Where Driver Detained Beyond Time Required for Original Stop

January 26, 2015  |   Posted by :   |   Ohio Drug Laws   |   Comments Off on Drug Charges Dismissed Where Driver Detained Beyond Time Required for Original Stop

Under Ohio law, if a police officer’s reason for continuing to detain a driver is unrelated to the original reason for the stop, and when that continued detention is not based any articulable facts giving rise to a suspicion of some illegal activity, the search is an illegal seizure. In State v. Love, 2015-Ohio-142, the […]

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When Can Ohio Police Perform a Stop and Frisk / Pat Down?

January 17, 2015  |   Posted by :   |   Ohio Drug Laws   |   Comments Off on When Can Ohio Police Perform a Stop and Frisk / Pat Down?

What is a “Terry” Stop? There are three types of police police-citizen interactions: 1) a consensual encounter, 2) a brief investigatory stop or detention, and 3) an arrest. During the second kind of stop — an investigatory stop (also called a “Terry stop”) — the officer is permitted to briefly stop someone in order to investigate possible […]

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