July 21, 2016

2016

July 21, 2016/ Sivinski Law Offices, ltd/ Brian Smith

The 8th District concluded that, absent an explicit waiver, a trial court must call for an explanation of the facts. If it does not, and the Defendant appeals, the charge should be dismissed and the Defendant acquitted due to double jeopardy protections.

March 17, 2016

DUI Appeals Reports 3/17/16

March 17, 2016/ Brian Smith

The Sixth District departs from prior holdings, bringing itself in line with other appellate courts, by holding that when a trial court does not follow R.C. 2937.07 by failing to obtain an explanation of the circumstances of an offense when accepting a no contest plea, the defendant should be acquitted rather than having the case simply remanded.

December 21, 2015

DUI Appeals Reports 12/21/15

December 21, 2015/ Sivinski Law Offices, ltd/ Brian Smith

The 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.