Ohio DUI / Sobriety Checkpoints - The Law, The Rules and The Defenses

Ohio DUI / Sobriety Checkpoints - The Law, The Rules and The Defenses

Sobriety checkpoints do infringe upon our Constitutional rights and protections.  An experienced DUI Defense Lawyer will evaluate how the DUI checkpoint was planned and how it was conducted to develop the best arguments against the checkpoint.  Furthermore, even if conducted properly, the police may not detain for further screening without a reasonable suspicion based on articulable facts that the driver is impaired and it may not arrest without probable cause to believe the driver is impaired.

Read More

BMV Must Show They Complied with 4511.192 Rules or Administrative License Suspension Should Be Vacated

BMV Must Show They Complied with 4511.192 Rules or Administrative License Suspension Should Be Vacated

Although R.C. 4511.197 limits challenges to administrative license suspensions to four conditions, the State must show that it complied with 4511.192 before the licensee is required to show the 4511.197 challenges.

Read More

Can You Get a DUI on a Golf Cart in Ohio?

Can You Get a DUI on a Golf Cart in Ohio?

Going to Put-in-Bay or Kelley’s Island this summer?  Taking a ferry and renting a golf cart to tour around?  You might get charged with a DUI if you drink and drive on that golf cart, just as people have been charged at golf courses and campgrounds. Being charged with an OVI/DUI for driving a golf cart raises two issues.  First, can it be a DUI if you were only driving a golf cart?  Second, is it a DUI if you were on private property such a campground or golf course?

Read More

Changes to Ohio's OVI Penalties Effective April 6, 2017 (HB 388 "Annie's Law")

Changes to Ohio's OVI Penalties Effective April 6, 2017 (HB 388 "Annie's Law")

Some changes are coming to Ohio's OVI laws effective April 6, 2017.  These changes primarily involve a change in the look-back period from 6 years to 10 years as well as a push to increase the use of interlock systems.  While there are some concerns regarding the clarity of the law and certain nuances of its application, the following summarizes the more important implications.

Read More

A State's Late Response to Discovery Justifies a Late Motion to Suppress

A State's Late Response to Discovery Justifies a Late Motion to Suppress

Fifth District explains that, "A trial court abuses its discretion by denying a pretrial motion to suppress in an OVI case as 'untimely filed' where the motion to suppress was promptly filed after the state provided discovery and the request for leave articulate the reason for the late filing."

Read More

Ohio Supreme Court Says Expert Testimony Not Needed to Show Prescription Caused Impairment for OVI's

Ohio Supreme Court Says Expert Testimony Not Needed to Show Prescription Caused Impairment for OVI's

Ohio Supreme Court holds that, "When the effects of a drug are sufficiently well known . . . expert testimony linking ingestion of the drug with indicia of impairment is unnecessary to convict of an OVI.

Read More

Probable Cause to Arrest for an OVI (Operating a Vehicle While Impaired) Requires Indications/Observations of Impairment

Probable Cause to Arrest for an OVI (Operating a Vehicle While Impaired) Requires Indications/Observations of Impairment

Signs of drinking are insufficient to justify an arrest for an OVI (operating a vehicle while impaired) at a sobriety checkpoint, without also observing signs of impairment such as erratic driving or behavior.

Read More