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The 10th District agrees with the Defendant that the trial court completed several errors in its evidentiary rulings that prevented a fair trial.
Read MoreFifth District substitutes its decision on a suppression motion for that of the trial court, reasoning that the trial court substituted its decision for the police officer, thus eliminating review of the the police officer's actions.
Read MoreA traffic stop initiated for a marked lanes violation is without reasonable suspicion when video fails to show a tire crossing the line by more than a tire width.
Read MoreThe 9th District concludes that the State had probable cause to arrest for a marijuana OVI, despite the defendant passing the field sobriety tests and the officer smelling only raw marijuana.
Read MoreThe Fifth District upholds conviction when officer claimed the defendant went back and forth across a marked center line but video did not show the same, and when conviction required an alcohol content of 0.238 and defendant's alcohol content ranged between 0.21 and 0.27 based on the test and margin of error.
Read MoreThe 1st District relies on its legal theory of a "Shotgun Motion to Suppress," to reduce the state's burden to merely "general and slight" when showing substantial compliance with field sobriety tests.
Read MoreThe 8th District holds that it is still an OVI refusal when a person refuses a breath test but offers to take a urine test because, "it was not her option to decide which test would be administered."
Read MoreTestimony From Out-Of-Uniform Officer Admissible - DUI News - 6/9/2016
Read MoreFourth District confirms that, for an OVI based on a prescription medication, the State must show a nexus between the prescription and impairment through "(1) the testimony of an expert who is familiar with the potential side effects of the medication" or (2) the testimony of a layperson (such as a friend or family member) who witnesses the effect of the particular drug on the defendant-driver."
Read MoreThe 11th District holds that the OVI repeat offender specification is Constitutional and the only grounds to challenge prior convictions must be based on a lack of counsel, while the 12th District holds that the speedy trial clock for subsequent OVI charges based on chemical tests does not begin to run at the time of the original OVI charge.
Read MoreExperienced attorney with 19 years of legal expertise in OVI/DUI defense, criminal defense, labor union law, and employment law. Admitted to practice in Ohio, the U.S. District Courts for Northern and Southern Ohio, and the Sixth Circuit Court of Appeals.
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
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