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The Second District joins the Third, Eleventh, and Twelfth Districts in rejecting an equal protection challenge to the OVI Repeat Offender Specification statute, while the Eighth District's opinion finding an equal protection challenge is awaiting review with the Ohio Supreme Court.
Read MoreThe 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.
Read MoreThe Sixth District holds that a traffic stop is valid when a traffic violation is observed, even if the officer incorrectly issues a citation for a different traffic violation.
Read MoreThe 9th District holds that defendants who plead no-contest waive their right to challenge the sufficiency of the evidence, upholding a denial of a motion to suppress instead based on whether there is competent, credible evidence that a breath test was performed within three hours of an alleged violation.
Read MoreHouse Bill 388 Proposes Extending Lookback For DUI's
Read MoreThe 1st District overturns a high tier conviction OVI conviction because it had been improperly amended from a low tier charge, the 12th District confirms that OVI and aggravated vehicular homicide charges need not be merged, the 11th District holds that the repeat OVI offender specification does not violated the Constitution, and the 12th District holds that tampering with drugs is not a crime when it is done during an impaired driving/bar fight investigation.
Read MoreThe Fourth District upholds the dismissal of OVI charges against a person who admitted to taking prescription medications, because the State did not "present some evidence of how the particular medication actually affects the defendant or that the particular medication has the potential to impair a person's judgment or reflexes."
Read MoreIn three recent appellate court decisions, The 9th District rejected an ineffective assistance claim because it relied on evidence outside the record, the 11th District affirmed a motion to suppress when a trooper pulled over a car for a license plate light but failed to check it during the traffic stop, and the 10th District rejected a speedy trial appeal due to tolling and addressed attempts to introduce testimony about the statistical probability of BAC levels with field sobriety tests, without providing an expert.
Read MoreThe Ohio Supreme Court holds that "a trial court may impose cumulative sentences for both aggravated vehicular assault in violation of R.C. 2903.08(A)(1)(a) and operating a motor vehicle under the influence of alcohol or drugs ("OVI") in violation of R.C. 4511.19(A)(1)(a) when the offense of operating a vehicle while under the influence is the predicate conduct for aggravated vehicular assault."
Read MoreThe 8th District reaffirms that the maximum sentence for a third-degree felony OVI without a specification conviction is 3 years while the 5th District holds there is reasonable suspicion to stop a bicyclist who rides in the middle of the road, then rides into an OVI checkpoint, but jumps out of the checkpoint by riding his bicycle over the curb and on to the sidewalk.
Read MoreTwo cases from the 11th District, granting an appeal in one case after the trial court admitted into evidence a defendant's prior OVI convictions over his offer to stipulate to the prior convictions, and modifying a sentence in a second case after misapplication of the sentencing statutes.
Read MoreExperienced attorney with 20 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
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20545 Center Ridge Road, Suite 215, Rocky River, Ohio 44116
800-641-1970
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