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

/ Sivinski Law Offices, ltd/
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

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

/ Sivinski Law Offices, ltd./
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

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

/ Sivinski Law Offices, ltd/
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

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

/ Sivinski Law Offices, ltd/
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

Police may infer movement to charge a sleeping driver of a parked car with a DUI - DUI News - 11/13/2016

/ Sivinski Law Offices, ltd/
Police may infer movement to charge a sleeping driver of a parked car with a DUI - DUI News - 11/13/2016

An OVI requires actual movement of a vehicle, while a physical control charge does not; however, police may infer movement to charge a sleeping driver of a parked car with a DUI.

Read More