September 01, 2025

When Officers Cannot Testify: Ohio's Marked Vehicle and Uniform Requirements in Traffic Cases

September 01, 2025/ Law Offices of Brian J. Smith, ltd/ Brian Smith

Ohio law contains powerful but often overlooked provisions that can render law enforcement officers incompetent to testify in traffic and OVI cases. These statutes and evidentiary rules require officers primarily engaged in traffic enforcement to use marked vehicles and wear distinctive uniforms. When officers fail to meet these requirements, their testimony becomes inadmissible, potentially devastating the prosecution's case. Understanding these requirements and their application provides a critical defense tool in misdemeanor traffic cases.

August 25, 2025

Miranda Rights and OVI Investigations: When Officers Must Advise Drivers of Their Rights

August 25, 2025/ Law Offices of Brian J. Smith, ltd/ Brian Smith

The intersection of Miranda rights and OVI investigations presents complex constitutional questions that can significantly impact the outcome of drunk driving cases in Ohio. Understanding when law enforcement must provide Miranda warnings during traffic stops and OVI investigations is crucial for anyone facing these charges. The admissibility of statements made during an OVI stop often hinges on whether proper constitutional safeguards were in place.

August 18, 2025

Understanding the Community Caretaker Exception in Ohio DUI Cases

August 18, 2025/ Law Offices of Brian J. Smiht, ltd/ Brian Smith

Law enforcement officers frequently justify their initial contact with drivers based on the "community caretaker" or "emergency aid" exception to the Fourth Amendment's warrant requirement. This exception represents a critical area of constitutional law that every driver should understand, as it can significantly impact the validity of a traffic stop and any subsequent DUI investigation.

July 28, 2025

Understanding Ohio's Slow Speed Laws: When Driving Too Slowly Becomes a Crime

July 28, 2025/ Law Offices of Brian J. Smith, ltd/ Brian Smith

Most drivers worry about speeding tickets, but Ohio law also prohibits driving too slowly under certain circumstances. Understanding Ohio Revised Code 4511.22 and how courts interpret slow speed violations is crucial for anyone facing these charges, as the law is more complex than it initially appears and offers several potential defenses.

July 21, 2025

Understanding Ohio's Hit and Skip Laws: Three Different Statutes, Three Different Requirements and Penalties

July 21, 2025/ Law Offices of Brian J. Smith, ltd/ Brian Smith

Being charged with "leaving the scene" or "hit and skip" in Ohio can be confusing because Ohio actually has three separate statutes governing these situations, each with different requirements and penalties. Understanding which statute applies to your situation is crucial, as prosecutors sometimes charge defendants under the wrong section, creating opportunities for defense.

July 14, 2025

The Lack of Convergence Test in Ohio DUI Cases: Another Non-Standardized Test Lacking Scientific Foundation

July 14, 2025/ Law Offices of Brian J. Smith, ltd/ Brian Smith

When individuals face OVI (Operating a Vehicle while Impaired) charges in Ohio, they may encounter various physical and mental evaluations administered by law enforcement officers. While certain tests like the Horizontal Gaze Nystagmus (HGN), Walk and Turn, and One Leg Stand have achieved "standardized" status through the National Highway Traffic Safety Administration (NHTSA) and undergone some validation research, officers frequently employ additional tests that lack this crucial recognition. The Lack of Convergence (LOC) test represents another questionable evaluation tool that creates significant vulnerabilities in the prosecution's case.

July 07, 2025

The Modified Romberg Test in Ohio DUI Cases: A Non-Standardized Test with Questionable Reliability

July 07, 2025/ Law Offices of Brian J. Smith, ltd/ Brian Smith

When facing an OVI (Operating a Vehicle while Impaired) charge in Ohio, defendants may find themselves subjected to various physical and mental tests administered by law enforcement officers. While certain tests like the Horizontal Gaze Nystagmus (HGN), Walk and Turn, and One Leg Stand are recognized as "standardized" by the National Highway Traffic Safety Administration (NHTSA) and have undergone validation studies, officers frequently employ other tests that lack this crucial standardization. One such test that has become increasingly common is the Modified Romberg Balance (MRB) test.

June 30, 2025

The One Leg Stand Test: A Critical Examination of Its Validity in DUI Cases

June 30, 2025/ Law Offices of Brian J. Smith, ltd/ Brian Smith

The One Leg Stand (OLS) test constitutes the third field sobriety test in the standardized battery, yet its effectiveness as a reliable indicator of intoxication remains highly questionable. Despite law enforcement's reliance on this test, fundamental flaws in its design, administration, and interpretation cast serious doubt on its validity.

June 23, 2025

The Walk and Turn Test: A Critical Analysis of Its Reliability in DUI Cases

June 23, 2025/ Law Offices of Brian J. Smith, ltd/ Brian Smith

The Walk and Turn (WAT) test represents another cornerstone of field sobriety testing, yet its reliability merits significant scrutiny. While law enforcement portrays this test as an objective measure of impairment, numerous factors undermine its validity, making it a questionable tool for determining intoxication.

June 16, 2025

The HGN Test: A Critical Examination of Its Reliability in DUI Cases

June 16, 2025/ Law Offices of Brian J. Smith, ltd/ Brian Smith

The Horizontal Gaze Nystagmus (HGN) test has become a cornerstone of DUI enforcement, yet its scientific validity and practical application deserve careful scrutiny. While law enforcement presents this test as objective evidence of impairment, numerous issues undermine its reliability as a definitive indicator of intoxication.

June 09, 2025

When Traffic Stops Go Wrong: What Happens When the Initial Reason Is Dispelled

June 09, 2025/ Law Offices of Brian J. Smith, ltd/ Brian Smith

We've all seen it happen: a police officer pulls someone over for what they believe is a violation, only to discover upon approach that no violation actually occurred. What should happen next? Ohio law provides clear guidance on this important issue.

June 02, 2025

When Can Police Request Field Sobriety Tests? Understanding Reasonable Suspicion in Ohio

June 02, 2025/ Law Offices of Brian J. Smith, ltd/ Brian Smith

After a traffic stop, many drivers are asked to perform field sobriety tests. However, Ohio law clearly establishes that police must have specific justification before making this request. Understanding these requirements is crucial for anyone who faces DUI/OVI charges.

May 26, 2025

DUIs on Golf Carts in Ohio: Yes, It's a Real Thing

May 26, 2025/ Law Offices of Brian J. Smith, ltd/ Brian Smith

Summer in Ohio means trips to Put-in-Bay, Kelley's Island, campgrounds, and golf courses. For many, these outings include renting golf carts and enjoying alcoholic beverages. What most people don't realize is that operating a golf cart while impaired can result in the same serious OVI/DUI charges as driving a car.

May 19, 2025

Marked Lanes Violations in Ohio: Understanding Your Rights During Traffic Stops

May 19, 2025/ Law Offices of Brian J. Smith, ltd/ Brian Smith

Many DUI cases in Ohio begin with a traffic stop for a "marked lanes violation." These stops often serve as the initial contact point that leads to further investigation for impaired driving. Understanding what actually constitutes a marked lanes violation can be crucial if you're facing charges that stemmed from such a stop.