Tag Archives: DUI / OVI

OVI Dismissed Based on Mistake of Law by Officer: Failure to Stop “At” Stop Sign Includes Stopping “On” the Stop Line

July 17, 2014  |   Posted by :   |   Ohio DUI / OVI Defense   |   Comments Off on OVI Dismissed Based on Mistake of Law by Officer: Failure to Stop “At” Stop Sign Includes Stopping “On” the Stop Line

In every OVI case, it is critical to examine the reason for the initial stop.  The police are required to have “reasonable, articulable suspicion” that you have committed a traffic stop or committed some other crime in order to pull you over.  If they think you committed a traffic violation – but were wrong on […]

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OVI Dismissed for Failure to Establish Marked Lanes Violation

July 13, 2014  |   Posted by :   |   Ohio DUI / OVI Defense   |   Comments Off on OVI Dismissed for Failure to Establish Marked Lanes Violation

One of the most common traffic stops we see in OVI cases is marked lanes.   Marked lanes generally means weaving or otherwise moving over the center yellow line.  In this case, the officer pulled the driver over for “straddling the yellow line” while changing lanes and subsequently arrested him for OVI.   The court […]

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OVI Charge Dropped for Unconstitutional Stop Where Police Shined Flashlight in Suspect’s Eyes

July 06, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Charge Dropped for Unconstitutional Stop Where Police Shined Flashlight in Suspect’s Eyes

There can be a fine line between what the law calls a “consensual” police encounter and an “investigative” stop by police.  For an investigative stop (where you do not feel like you can walk away from an officer), the police must be able to point to specific things you did that made them suspect criminal […]

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OVI Charges Dismissed Based on Video Evidence

June 27, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Charges Dismissed Based on Video Evidence

In a recent Ohio OVI case, the police cruiser video played a critical role in getting all OVI charges dismissed.   The majority of Central Ohio police departments employ cruiser video cameras that can capture the traffic violation, interactions with the officer and any field sobriety tests during the traffic stop.  We obtain cruiser videos regularly […]

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Are DUI / OVI Checkpoints Legal in Ohio?

June 20, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Are DUI / OVI Checkpoints Legal in Ohio?

Are DUI / OVI Checkpoints Legal in Ohio? This is one the most often asked questions we get from clients and friends during the summer when DUI / OVI checkpoint season at its peak.   With OVI checkpoints around Columbus and Delaware County nearly every weekend, many can’t believe that random checkpoints could possibly be […]

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DUI Checkpoint Tonight in Delaware County

June 20, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on DUI Checkpoint Tonight in Delaware County

The Columbus Dispatch reports that there will be an OVI checkpoint tonight along Route 23 in Delaware County. A drunken-driving checkpoint is planned for tonight on Rt. 23 in Delaware County.  The checkpoint will begin at 9:00 PM and run until 1:00 AM.  Additionally, there will be extra cruisers on patrol around the checkpoint. If […]

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Ohio Court Finds Anonymous Tip Insufficient for DUI Stop

June 09, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Ohio Court Finds Anonymous Tip Insufficient for DUI Stop

In a recent U.S. Supreme Court case in April, the Court found that an anonymous tip can support a DUI stop.   But a more recent Ohio case in May (which doesn’t cite the US Supreme Court case) found the opposite – that one anonymous tip is alone insufficient to justify the police pulling over a […]

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Anonymous Tip Can Support a DUI Stop

May 20, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Anonymous Tip Can Support a DUI Stop

The U.S. Supreme Court recently decided a DUI case that could have broad-reaching implications in Ohio.  In a 5-4 decision, the Court held that an anonymous tip of reckless driving is enough for the police to pull a car over — even if the police themselves do not observe any traffic violation.  The case was […]

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Upper Arlington OVI Dismissed for Lack of Probable Cause to Arrest

May 04, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Upper Arlington OVI Dismissed for Lack of Probable Cause to Arrest

Recently, an Upper Arlington OVI case was dismissed for lack of probable cause to arrest.  In State v. Wissinger, 2014-Ohio-1601, the defendant was charged with (1) one count of OVI under City of Upper Arlington Ordinance 353.01(A); (2) one count of OVI per se, in violation of City of Upper Arlington Ordinance 353.01(B)(2); and (3) one count of operating a […]

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Ohio’s Repeat OVI Offender Law Found Unconstitutional

May 04, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Ohio’s Repeat OVI Offender Law Found Unconstitutional

*Update* On February 3, 2016, the First District (Hamilton County) Court of Appeals considered the same repeat offender specification issue and decided the other way.  In State v. Ballard, 2016-Ohio-364, the First District Court found that prosecutorial discretion in deciding whether to include a repeat offender specification does not make the statute unconstitutional if not […]

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