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Third District holds that an individual receiving treatment after an auto accident can refuse a blood alcohol test by the police, but the health care provider's own blood test used for treatment will still be admissible even if it does not substantially comply with ODH regulations like the police test would have to.
Read MoreThe First District holds that a woman, placed in a police car, and denied use of her cellphone, is not under arrest until the police officer intends to put her under arrest.
Read MoreThe 9th District finds a tow truck driver to be a known citizen informant whose tip is sufficiently reliable to justify a traffic stop.
Read MoreThe Twelfth District holds that collateral attacks of prior convictions during felony OVI cases are limited to violations of the right to counsel.
Read MoreThe Ohio Supreme Court held that, despite the administrative code requiring refrigeration of urine and blood samples, the State substantially complies if the samples are unrefrigerated for as long as five hours, while providing clarification for the burden shifting tests for substantial compliance with OVI testing.
Read MoreThe 9th District avoids an evaluation of the constitutionality of the OVI repeat offender specification by holding the trial court erred in granting motions to dismiss, before the defendants were found guilty of or sentenced to the specification.
Read MoreThe First District joins the Second, Third, Eleventh, and Twelfth Districts in rejecting an Eighth District opinion finding the repeat OVI offender specification unconstitutional.
Read MoreThe Sixth District departs from prior holdings, bringing itself in line with other appellate courts, by holding that when a trial court does not follow R.C. 2937.07 by failing to obtain an explanation of the circumstances of an offense when accepting a no contest plea, the defendant should be acquitted rather than having the case simply remanded.
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 MoreThe Eighth District seems to hold that an officer may initiate a traffic stop whenever a vehicle switches lanes of traffic, regardless of whether the officer has reason to believe they failed to ascertain whether it was safe to do so.
Read MoreThe Eight District holds that R.C. 4510.54 and 4510.021 grant trial courts authority to terminate or modify license suspensions or grant occupational driving privileges, even if convicted of R.C. 2903.06 and 2903.08, with DUI specifications
Read MoreThe Fifth District rejects an argument that an OVI conviction should be overturned for assertions that impairment could be explained by childhood brain injury, a severe back injury, prostate cancer, the airbag went off in defendant's face, that flashing lights impaired ability to complete HGN, and Klonopin was taken after the accident.
Read MoreThe Fourth District holds that dentures are not foreign objects and that the accuracy of breath tests given to suspects with dentures in their mouth is a matter of weight, not admissibility, of the test results.
Read MoreIn two cases, the Eleventh District holds that a motion to dismiss based on speedy trial revokes any prior speedy trial waivers; and a waiver of counsel at arraignment is insufficient to waive counsel at trial.
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
The Law Offices of Brian J. Smith, ltd.
20545 Center Ridge Road, Suite 215, Rocky River, Ohio 44116
800-641-1970
https://www.BrianSmithLaw.com
Criminal Defense - DUI Defense - Unemployment Appeals - Union Labor Law
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