Tag Archives: OVI charge dismissed

OVI Conviction Overturned Where Officer Incorrectly Pulled Driver Over for a Turn Signal Violation on a Curved Road

March 07, 2019  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Conviction Overturned Where Officer Incorrectly Pulled Driver Over for a Turn Signal Violation on a Curved Road

The Ohio Court of Appeals recently overturned an OVI conviction because the officer incorrectly used Ohio’s turn signal law as a reason to stop a driver. State v. Trout, 2019-Ohio-124. The officer testified that he believed he pulled the driver over because he honestly believed the driver committed a traffic violation. However, the law says […]

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New U.S. Supreme Court Case Says State Cannot Make It a Crime to Refuse a Warrantless Blood Test

July 10, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on New U.S. Supreme Court Case Says State Cannot Make It a Crime to Refuse a Warrantless Blood Test

The United States Supreme Court ruled recently on the constitutionality of laws criminalizing the refusal of breath and blood BAC tests.  Birchfield v. North Dakota, 579 U. S. ____ (2016). The Court found that states cannot make it a crime to refuse to submit to a warrantless blood test.  States can, however, make it a crime […]

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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 Charge Dismissed Based on Failure to Establish Violation of Ohio’s “Move Over” Law (Failure to Yield to Emergency Vehicle)

May 24, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Charge Dismissed Based on Failure to Establish Violation of Ohio’s “Move Over” Law (Failure to Yield to Emergency Vehicle)

In a recent case, our client was pulled over for failure to “move over” for a police cruiser in the shoulder.  At a motion hearing on whether the officer had reasonable suspicion for the stop, Attorney Doug Riddell argued that the state failed to establish the defendant’s speed prior to the stop – an essential […]

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OVI Conviction Based on Pain Medication Overturned Due to Insufficient Evidence

March 07, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Conviction Based on Pain Medication Overturned Due to Insufficient Evidence

Given the increasing prevalence of prescription medication use, the number of “drugged driving” cases are on the rise.  These cases — although charged under the same Ohio statute as driving under the influence of alcohol (OVI) — can involve different requirements of proof in court. The FDA has approved more than 1000 prescription drugs (which […]

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OVI Dismissed Due to Unconstitutional OVI Checkpoint

December 14, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Dismissed Due to Unconstitutional OVI Checkpoint

In a recent Ohio case, the defendant was stopped at a DUI checkpoint.  While stopped, an officer became suspicious that the driver may be under the influence and directed the driver to a separate area.  The driver was then arrested and charged with OVI.   But because the Ohio State Highway Patrol failed to follow […]

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Can a Front Seat Passenger be Charged with OVI (DUI)?

December 09, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Can a Front Seat Passenger be Charged with OVI (DUI)?

One recent Ohio OVI case –State v. Robertson, 2014-Ohio-5389 –  is interesting because the front seat passenger – and not the driver – was charged with OVI.  The prosecution’s argument was that because the intoxicated passenger flicked the driver’s cigarette out of her hand and onto her lap – causing her to crash – the […]

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Physical Control Charge Dismissed Where Prosecutor Offered No Evidence as to What Drug Allegedly Impaired the Driver

November 17, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Physical Control Charge Dismissed Where Prosecutor Offered No Evidence as to What Drug Allegedly Impaired the Driver

In a recent Ohio case, the defendant was charged with physical control.  She was found asleep at the wheel of a gas station. There was no odor of marijuana or other drugs.  But the officer said the driver had very slurred speech, red, bloodshot eyes, was very unsteady on her feet, didn’t know what time it […]

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Anonymous Tip to Police About “Suspicious Van” Cannot Justify OVI Stop

October 26, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Anonymous Tip to Police About “Suspicious Van” Cannot Justify OVI Stop

We have discussed anonymous tips in prior posts.  An anonymous caller tips the police to a potential drunk driver, often resulting in an OVI charge.  Looking closely at those anonymous calls, however, can be a critical part of defending against an OVI charge.  If the caller is anonymous, does not describe any actual criminal activity, […]

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Ohio Supreme Court: OVI Defendant May Challenge the Reliability & Operation of Specific Breathalyzer Machine Results

October 06, 2014  |   Posted by :   |   Ohio DUI / OVI Defense   |   Comments Off on Ohio Supreme Court: OVI Defendant May Challenge the Reliability & Operation of Specific Breathalyzer Machine Results

Recently, the Ohio Supreme Court decided a groundbreaking case in the area of OVI law.  In Cincinnati v. Ilg, Slip Opinion No. 2014-Ohio-4258,  the Ohio Supreme Court clarified that a defendant does have the right to challenge “the accuracy, competence, admissibility, relevance, authenticity, or credibility of specific test results or whether the specific machine used […]

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