News, updates, resources, stories, and help from an Ohio attorney through a Blog.
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 MoreThe 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 MoreThe 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 MoreDrivers of rental cars, even if not on the rental agreement, have constitutional protections against unreasonable searches and seizures.
Read MoreSobriety 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 MoreAlthough R.C. 4511.197 limits challenges to administrative license suspensions to four conditions, the State must show that it complied with 4511.192 before the licensee is required to show the 4511.197 challenges.
Read MoreGoing 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 the one-leg-stand and walk-and-turn field sobriety tests.
Read MoreWith the changes to OVI penalties taking effect April 6, 2017, we have updated our OVI penalty webpage as well as this video:
Read MoreNumerous factors indicating impairment give trooper reasonable suspicion to prolong traffic stop even though he only detected a "small" odor of alcohol.
Read MoreOne must request leave of court to file an untimely motion to suppress.
Read MoreSome changes are coming to Ohio's OVI laws effective April 6, 2017. These changes primarily involve a change in the look-back period from 6 years to 10 years as well as a push to increase the use of interlock systems. While there are some concerns regarding the clarity of the law and certain nuances of its application, the following summarizes the more important implications.
Read MoreFifth District explains that, "A trial court abuses its discretion by denying a pretrial motion to suppress in an OVI case as 'untimely filed' where the motion to suppress was promptly filed after the state provided discovery and the request for leave articulate the reason for the late filing."
Read MoreOhio Supreme Court holds that, "When the effects of a drug are sufficiently well known . . . expert testimony linking ingestion of the drug with indicia of impairment is unnecessary to convict of an OVI.
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
Unemployment Appeals and Union Labor Law service areas include the State of Ohio.
Criminal and OVI services areas include: Ashtabula, Cuyahoga, Erie, Geauga, Huron, Lake, Lorain, Ottawa, Portage, Sandusky, and Summit, Counties, including the cities of Amherst, Avon, Avon Lake, Bay Village, Beachwood, Bedford, Bellevue, Berea, Brecksville, Brook Park, Brooklyn, Chagrin Falls, Chardon, Cleveland, Cleveland Heights, Clyde, Cuyahoga Heights, Elyria, Euclid, Fairview Park, Fremont, Garfield Heights, Gates Mills, Highland Heights, Huron, Independence, Kent, Lakewood, Linndale, Lorain, Lyndhurst, Maple Heights, Mayfield Heights, Mentor, Middleburg Heights, Newburgh Heights, North Olmsted, North Randall, North Ridgeville, Norwalk, Oberlin, Painesville, Parma, Pepper Pike, Port Clinton, Ravenna, Richmond Heights, Rocky River, Sandusky, Seven Hills, Shaker Heights, Sheffield Village, Sheffield Lake, South Euclid, Stow, Summit County, University Heights, Valley View, Vermilion, Westlake, Willoughby, and Woodville.
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