Tag Archives: marked lanes

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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CDL Driver Charged with OVI Involving Prescription Meds (Xanax and Lortab) Acquitted Where State Failed to Prove Nexus Between Impairment and Meds

December 23, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on CDL Driver Charged with OVI Involving Prescription Meds (Xanax and Lortab) Acquitted Where State Failed to Prove Nexus Between Impairment and Meds

With the rising use of prescription medications in Ohio, more and more of our clients are charged with OVI while under the influence of prescription medications.   Under Ohio law, though, it is not a crime by itself to take drive and prescription meds. Rather, it is a crime to drive while under the influence […]

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OVI Dismissed Where Trooper’s Dash Cam Did Not Show Marked Lanes Violation

April 18, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Dismissed Where Trooper’s Dash Cam Did Not Show Marked Lanes Violation

Many of the OVI / DUI cases we see involve an allegation of a marked lanes violation.  In these cases, the officer says that the reason for the stop is that the driver drove outside of his lane across the yellow line or the center line.  With the widespread use of cruiser dash cameras, these […]

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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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Marijuana Possession Case Thrown Out Due to Unlawful Traffic Stop

December 17, 2013  |   Posted by :   |   Columbus Criminal Defense, Ohio Drug Laws   |   Comments Off on Marijuana Possession Case Thrown Out Due to Unlawful Traffic Stop

The defendant’s pickup truck was stopped by the Ohio State Highway Patrol.  The trooper said that the defendant drove outside the fog line once and onto the fog line twice.  He also noted that the defendant had California plates. Upon pulling him over, the trooper asked the defendant how long he had been in California, […]

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Ohio Court of Appeals Overturns DUI Conviction Finding No Marked Lanes Violation Unless the Wheels Go Completely Over the Yellow Lines

August 10, 2013  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Ohio Court of Appeals Overturns DUI Conviction Finding No Marked Lanes Violation Unless the Wheels Go Completely Over the Yellow Lines

Ohio’s Sixth District Court of Appeals decided a case last week that could have wide-reaching effects on DUI / OVI cases throughout the state—including here in Columbus. Ohio v. Parker, 2013-Ohio-3470. In a large percentage of DUI cases, the driver is pulled over initially for a “marked lanes” violation.  What “marked lanes” means has been […]

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Marked Lanes Violation Conviction Reversed

April 16, 2013  |   Posted by :   |   Columbus Traffic Law   |   Comments Off on Marked Lanes Violation Conviction Reversed

In this case, the defendant was stopped by the State Highway Patrol after a state trooper believed he observed the defendant commit a marked lanes violation.  Ultimately, the defendant was cited for driving under the influence in violation of R.C. 4511.19(A)(1)(a) and 4511.19(A)(2), crossing marked-lanes in violation of R.C. 4511.33, and failing to wear his […]

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