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The Fifth District Holds that, although bloodshot eyes and the odor of alcohol are not enough for reasonable suspicion to conduct field sobriety tests, if there is an admission to drinking there is probable cause to arrest regardless of field sobriety tests.
Read MoreThe Fifth District holds that the smell of alcohol with bloodshot glassy eyes is insufficient to detain for sobriety tests, even though the defendant was stopped at 1:30am and had crossed double yellow lines.
Read MoreFifth District substitutes its decision on a suppression motion for that of the trial court, reasoning that the trial court substituted its decision for the police officer, thus eliminating review of the the police officer's actions.
Read MoreThe Fifth District upholds conviction when officer claimed the defendant went back and forth across a marked center line but video did not show the same, and when conviction required an alcohol content of 0.238 and defendant's alcohol content ranged between 0.21 and 0.27 based on the test and margin of error.
Read MoreThe Fifth District upholds a conviction for a refusal OVI after the defendant attempted to take a breath test that did not produce a valid sample, even though police did not subsequently offer a urine test.
Read MorePassing two field sobriety tests is not enough to stop an OVI arrest, when other factors are sufficient to establish probable cause.
Read MoreThe Fifth District held that an officer's mistaken belief that stopping prior to a stop sign was a violation was an objectively reasonable belief, and therefore the resulting traffic stop was based on sufficient reasonable suspicion.
Read MoreThe Fifth District holds that the strong odor of cologne put on when leaving a bar is a factor in determining reasonable suspicion and probable cause.
Read MoreTraffic stop of motorcycles for failure to give turn signals OK, even if officers cannot see whether hand signals were given? Fifth District says yes, at least when the defendant reports the hand signals were given by a passenger.
Read MoreThe Fifth District rejects an argument that an OVI conviction should be overturned for assertions that impairment could be explained by childhood brain injury, a severe back injury, prostate cancer, the airbag went off in defendant's face, that flashing lights impaired ability to complete HGN, and Klonopin was taken after the accident.
Read MoreThe 5th District holds that a police officer can detain a driver after an alleged hit and skip even when there is no obvious damage to the vehicles, and a person refuses a urine test when only attempting to provide a sample for 5 minutes without asking to try again; the 10th District rejects a constitutional challenge to the per se marijuana OVI statute; the 5th District concludes there is reasonable suspicion to conduct field sobriety tests when there are driving violations, eyes were bloodshot and glassy, there was an odor of alcohol coming the vehicle and the defendant outside of the vehicle, it was 11:35 p.m. on a Friday evening, and the defendant admitted to just leaving a bar; and the 11th District uses res judicata to reject constitutional challenges to the OVI specification when brought on a motion for post-conviction relief.
Read MoreThe 8th District reaffirms that the maximum sentence for a third-degree felony OVI without a specification conviction is 3 years while the 5th District holds there is reasonable suspicion to stop a bicyclist who rides in the middle of the road, then rides into an OVI checkpoint, but jumps out of the checkpoint by riding his bicycle over the curb and on to the sidewalk.
Read MoreI am an attorney with Sivinski Law Offices, providing legal representation for labor and employment issues, criminal defense, DUI defense, and family law. I am admitted to practice in the State of Ohio, the United States District Court for the Northern and Southern Districts of Ohio, and the United States Court of Appeals for the Sixth Circuit.
I am also a father ofthree lively children, a member of St. Peter's Catholic church in Huron, and we enjoy all opportunities to get outdoors to cycle, hike, fish, play catch with our redbone coonhound Duke, barbecue, and to explore my enjoyment of photography.
by Brian J. Smith, Esq
The Law Offices of Brian J. Smith, ltd.
20545 Center Ridge Road, Suite 215, Rocky River, Ohio 44116
800-641-1970
https://www.BrianSmithLaw.com
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