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The Fifth District Holds that, although bloodshot eyes and the odor of alcohol are not enough for reasonable suspicion to conduct field sobriety tests, if there is an admission to drinking there is probable cause to arrest regardless of field sobriety tests.
Read MoreThe Fifth District holds that the smell of alcohol with bloodshot glassy eyes is insufficient to detain for sobriety tests, even though the defendant was stopped at 1:30am and had crossed double yellow lines.
Read More11th District Confirms that the State Must Identify that it is Charging a Felony OVI When It Intends to Do So
Read MoreFifth 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 MoreAt an employer that lacked a policy prohibiting use of its computers for personal use, who gave mixed signals regarding such use, and in the absence of prior reprimand or warning, an employee who makes use of the computers for personal use during work hours “did not exhibit sufficient fault to provide just cause for discharge for purposes of unemployment benefits.”
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 MoreExperienced attorney with 19 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
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