Tag Archives: OVI dismissed

Field Sobriety Tests (and OVI Charge) Thrown Out When Officer’s Instructions Improper

June 07, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Field Sobriety Tests (and OVI Charge) Thrown Out When Officer’s Instructions Improper

In most OVI cases, drivers submit to field sobriety tests (i.e., walk and turn, eye test, and one leg stand). Where an OVI stops ends in an arrest, the officer in nearly every case reports that the driver “failed” the tests.  But just because a driver “fails” a field sobriety test doesn’t mean there is […]

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What Prescription Drug Level Makes it Illegal for You to Drive (DUI / OVI) in Ohio?

May 16, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on What Prescription Drug Level Makes it Illegal for You to Drive (DUI / OVI) in Ohio?

Ohio Drugs For Which There is a “Per Se” Blood / Urine / Breath Limit The only substances for which there is a blood / urine / breath “limit” under Ohio law are: Alcohol Amphetamine (examples: Meth, Adderall, Ritalin, Dexedrine, Dextroamphetimine, “Uppers”, Speed) Cocaine / Cocaine metabolite Heroin / Heroin metabolite LSD Marijuana / Marijuana […]

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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 Blood Test Results Thrown Out Where State Failed to Demonstrate Blood Draw Followed Proper Procedures

April 06, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Blood Test Results Thrown Out Where State Failed to Demonstrate Blood Draw Followed Proper Procedures

In some OVI cases, officers will ask a suspect – or get a warrant – for a blood draw to test blood alcohol levels.   These blood draw cases are somewhat unique in that there are very specific rules under Ohio law that must be followed in drawing, testing and storing the blood sample. If […]

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OVI Charge Dismissed Where Officer Gave Incomplete Instructions on Field Sobriety Tests and the Driver Did Not Admit to Drinking

March 31, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Charge Dismissed Where Officer Gave Incomplete Instructions on Field Sobriety Tests and the Driver Did Not Admit to Drinking

In one recent Columbus (Franklin County) OVI case, the driver was: in an accident, the officer noted a strong odor of alcohol, bloodshot and glassy eyes, slurred speech, the driver did NOT admit to drinking, the driver took and failed field sobriety tests, and the driver took and failed the breathalyzer test at the police station […]

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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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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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