Trial Court Can Infer Operating a Vehicle for an OVI Conviction - DUI News - 06/03/2016
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Fifth District affirms an OVI conviction without any witness to the defendant operating the vehicle.
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State Must Show Nexus Between Prescription and Impairment - DUI News - 06/02/16
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Fourth 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 MoreDoing Well On Field Sobriety Tests Does Not Stop Arrests - DUI News - 5/7/2016
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Passing two field sobriety tests is not enough to stop an OVI arrest, when other factors are sufficient to establish probable cause.
Read MoreTrial Court Exceeded Its Authority When it Modified Sentences that Had Been Affirmed on Appeal - DUI News - 5/6/2016
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Eleventh District rejects trial court's attempt to manipulate sentencing on remand.
Read MoreMcDonalds Turning in Drive-Through Customers - DUI News - 5/4/2016
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Third District holds that anonymous tips given to a McDonald's worker who then calls the police should not be analyzed as anonymous tips.
Read MoreState Must Obtain Warrant Before Requiring Alcohol Blood Tests at Hospital - DUI News - 4/28/2016
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The Sixth District holds that when hospitals conduct blood-alcohol tests at the request of the police, and the tests are not performed for medical purposes, warrant protections still apply even when the police requested the results pursuant to R.C. 2317.022.
Read MoreMistake of Law is No Excuse, Unless You Are the Police - DUI News - 4/22/2016
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The Fifth District held that an officer's mistaken belief that stopping prior to a stop sign was a violation was an objectively reasonable belief, and therefore the resulting traffic stop was based on sufficient reasonable suspicion.
Read MoreTake it Easy on That Cologne Or You Might Be Tested For a DUI - DUI News - 4/20/2016
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The Fifth District holds that the strong odor of cologne put on when leaving a bar is a factor in determining reasonable suspicion and probable cause.
Read MoreMotorcycle Passenger Turn Signals Not Good Enough - DUI Appeals - 4/18/2016
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Traffic stop of motorcycles for failure to give turn signals OK, even if officers cannot see whether hand signals were given? Fifth District says yes, at least when the defendant reports the hand signals were given by a passenger.
Read MoreOhio Supreme Court Settles Habitual OVI Offender Sentencing - DUI Appeals Reports - 4/15/2016
/Ohio Supreme Court affirms the OVI Habitual Offender Specification found in the R.C. 2941.1413.
State v. Klembus, 2016 Ohio 1092 (2016).
http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2016/2016-Ohio-1092.pdf
March 22, 2016
Klembus was sentenced to one year for a Fourth Degree Felony OVI and one year for the repeat-OVI specification, to be served consecutively. He appealed, and the Eighth District agreed, holding that the repeat OVI offender specification violated equal protection because OVI penalty and the specification require identical proof yet impose different penalties. Subsequently, the First, Second, Third, Eleventh, and Twelfth Districts rejected the Eighth District opinion.
The Ohio Supreme Court reversed the Eighth District, and in upholding the specification reasoned, "The possibility of longer prison sentences for those who continue to violate Ohio's OVI statute is rationally related to the state's legitimate interest in punishing offenders and protecting the public from the dangers of impaired driving."
If you are interested in criminal defense services, or have been charged with an OVI, consider reviewing our DUI Defense Services at http://SivinskiLegal.com
Hospital Blood Tests Can Be Used for OVIs When They Do Not Substantially Comply with ODH Regulations - DUI Appeals Reports - 4/14/2016
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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 MoreBeing Placed in a Police Car While Denied Use of a Cellphone is Not an Arrest - DUI Appeals Reports - 4/13/2016
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The 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 MoreTow Drivers Need to Earn Livings Too - DUI Appeal Report - 4/11/2016
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The 9th District finds a tow truck driver to be a known citizen informant whose tip is sufficiently reliable to justify a traffic stop.
Read MorePrior Convictions Are OK, Even if Obtained Without the Defendant Present - DUI Appeal Reports - 04/10/2016
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The Twelfth District holds that collateral attacks of prior convictions during felony OVI cases are limited to violations of the right to counsel.
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