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Fifth 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 Second District upholds a traffic stop where the officer initiates the stop under the erroneous belief that the driver was committing a lanes of travel violation of R.C. 4511.25, because the court believed he could have initiated the stop for a marked lanes violation ofR.C. 4511.33.
Read MoreThe Fourth District confirms that breath test results should be suppressed when the breathalyzer showed a pump error field sobriety tests must be suppressed when no evidence is presented regarding what the accepted (NHTSA) standards are.
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 Supreme Court holds that OVI convictions for refusing to submit to blood tests are unconstitutional, but similar convictions for refusing to submit to breath tests are ok.
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 MoreThe Fifth District upholds a conviction for a refusal OVI after the defendant attempted to take a breath test that did not produce a valid sample, even though police did not subsequently offer a urine test.
Read MoreTestimony From Out-Of-Uniform Officer Admissible - DUI News - 6/9/2016
Read MoreEighth District affirms suppression of field sobriety tests when officer was not trained on current NHTSA manual and failed to conduct the HGN, walk-and-turn, and one-leg-stand tests in substantial compliance.
Read MoreFifth District upholds first time OVI sentence of 120 days in jail, with sixty (60) days suspended, a $475.00 fine, and three year license suspension.
Read MoreI am an attorney with Sivinski Law Offices, providing legal representation for labor and employment issues, criminal defense, DUI defense, and family law. I am admitted to practice in the State of Ohio, the United States District Court for the Northern and Southern Districts of Ohio, and the United States Court of Appeals for the Sixth Circuit.
I am also a father ofthree lively children, a member of St. Peter's Catholic church in Huron, and we enjoy all opportunities to get outdoors to cycle, hike, fish, play catch with our redbone coonhound Duke, barbecue, and to explore my enjoyment of photography.
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
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