Ohio Supreme Court Settles Habitual OVI Offender Sentencing - DUI Appeals Reports - 4/15/2016

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Ohio Supreme Court affirms the OVI Habitual Offender Specification found in the R.C. 2941.1413.

State v. Klembus, 2016 Ohio 1092 (2016).

http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2016/2016-Ohio-1092.pdf

March 22, 2016

Klembus was sentenced to one year for a Fourth Degree Felony OVI and one year for the repeat-OVI specification, to be served consecutively.  He appealed, and the Eighth District agreed, holding that the repeat OVI offender specification violated equal protection because OVI penalty and the specification require identical proof yet impose different penalties.  Subsequently, the First, Second, Third, Eleventh, and Twelfth Districts rejected the Eighth District opinion.

The Ohio Supreme Court reversed the Eighth District, and in upholding the specification reasoned, "The possibility of longer prison sentences for those who continue to violate Ohio's OVI statute is rationally related to the state's legitimate interest in punishing offenders and protecting the public from the dangers of impaired driving."

If you are interested in criminal defense services, or have been charged with an OVI, consider reviewing our DUI Defense Services at http://SivinskiLegal.com

Urine / Blood Samples Unrefrigerated for 5 Hours Are Close Enough - DUI Appeals Reports - 04/09/2016

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Urine / Blood Samples Unrefrigerated for 5 Hours Are Close Enough - DUI Appeals Reports - 04/09/2016

The Ohio Supreme Court held that, despite the administrative code requiring refrigeration of urine and blood samples, the State substantially complies if the samples are unrefrigerated for as long as five hours, while providing clarification for the burden shifting tests for substantial compliance with OVI testing.

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