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The Fourth District confirms that breath test results should be suppressed when the breathalyzer showed a pump error field sobriety tests must be suppressed when no evidence is presented regarding what the accepted (NHTSA) standards are.
Read MoreThe Supreme Court holds that OVI convictions for refusing to submit to blood tests are unconstitutional, but similar convictions for refusing to submit to breath tests are ok.
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 MoreThe Fourth District holds that dentures are not foreign objects and that the accuracy of breath tests given to suspects with dentures in their mouth is a matter of weight, not admissibility, of the test results.
Read MoreThe 9th District holds that defendants who plead no-contest waive their right to challenge the sufficiency of the evidence, upholding a denial of a motion to suppress instead based on whether there is competent, credible evidence that a breath test was performed within three hours of an alleged violation.
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
Criminal Defense - DUI Defense - Unemployment Appeals - Union Labor Law
Unemployment Appeals and Union Labor Law service areas include the State of Ohio.
Criminal and OVI services areas include: Cuyahoga, Erie, Huron, Ottawa, Lorain, Lake, Medina, Sandusky and Geauga Counties
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