Ohio Marijuana DUI / OVIs
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With the introduction of medical marijuana in Ohio, I have created an page discussing marijuana OVIs. The OVI law was not changed when medical marijuana was introduced, and being able to take medical marijuana is not a defense to a marijuana OVI.
Read MoreHomes and Their Curtilage Have Fourth Amendment Protections
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The United States Supreme Court recently issued a decision in Collins v. Virginia that confirmed that the area immediately surrounding a home (i.e., the curtilage) receives the same protection from searches and seizures as the home itself, even if an automobile or motorcycle is parked in the curtilage.
Read MoreMotorcycle DUIs
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The National Highway Traffic Safety Administration (NHTSA) has developed "clues" of impairment specifically related to motorcycles. NHTSA has grouped these into what it considers excellent clues and good clues.
Read MoreConstitutional Protections Extend to Rental Cars
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Drivers of rental cars, even if not on the rental agreement, have constitutional protections against unreasonable searches and seizures.
Read MoreOhio DUI / Sobriety Checkpoints - The Law, The Rules and The Defenses
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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 MoreCan You Get a DUI on a Golf Cart in Ohio?
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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 MoreOverview of Field Sobriety Tests
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Overview of the one-leg-stand and walk-and-turn field sobriety tests.
Read MoreNo-Contest Pleas in Misdemeanor Cases Must Include an Explanation of the Facts, or the Defendant Should be Acquitted - DUI News - 7/21/2016
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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.
Read MoreDUI Appeals Reports 01/01/16
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The Third District holds that a criminal court may not modify a final judgment, including a sentence, nunc pro tunc except when the original sentence was void or it contains a clerical error.
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