Having Just a "Small" Odor of Alcohol Does Not Eliminate Reasonable Suspicion of Impaired Driving
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Numerous factors indicating impairment give trooper reasonable suspicion to prolong traffic stop even though he only detected a "small" odor of alcohol.
Read MoreSeventh District Rejects Appeal of Court's Denial of an Untimely Motion to Suppress, When the Defendant Never Requested Leave to File the Untimely Motion
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One must request leave of court to file an untimely motion to suppress.
Read MoreChanges to Ohio's OVI Penalties Effective April 6, 2017 (HB 388 "Annie's Law")
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Some 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 MoreA State's Late Response to Discovery Justifies a Late Motion to Suppress
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Fifth 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 Says Expert Testimony Not Needed to Show Prescription Caused Impairment for OVI's
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Ohio 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 MoreProbable Cause to Arrest for an OVI (Operating a Vehicle While Impaired) Requires Indications/Observations of Impairment
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Signs of drinking are insufficient to justify an arrest for an OVI (operating a vehicle while impaired) at a sobriety checkpoint, without also observing signs of impairment such as erratic driving or behavior.
Read MoreOut of State License an Indication of Impairment? - DUI News - 11/14/2016
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State uses Florida drivers' license as justification for completing field sobriety tests without explanation.
Read MorePolice may infer movement to charge a sleeping driver of a parked car with a DUI - DUI News - 11/13/2016
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An OVI requires actual movement of a vehicle, while a physical control charge does not; however, police may infer movement to charge a sleeping driver of a parked car with a DUI.
Read More10th District Looks Only to Signs of Impairment, While Ignoring Signs Driver Was Not Impaired - DUI News - 11/12/2016
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10th District focuses on positive clues for impairment to find probable cause, while ignoring all clues that show a lack of impairment.
Read MoreProbable Cause to Arrest Sole Occupant of Single Vehicle Accident, Even if Not Observed Driving - DUI News 11/11/2016
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Evidence to arrest sole occupant of single vehicle accident is sufficient even when the occupant was not observed driving the vehicle.
Read MoreOfficers May Stop Vehicles that Slow When They Pull Behind Them - DUI News - 11/10/2016
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Driving slow when an officer pulls behind may be a reason to initiate a traffic stop.
Read MoreFair Hearing Denied - Prosecutor Gets Ruling Preventing Witness From Testifying Where the Were and Then Uses that Hole in Witnesses Testimony To Discredit Them - DUI News - 10/22/2016
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The 10th District agrees with the Defendant that the trial court completed several errors in its evidentiary rulings that prevented a fair trial.
Read More6th District Holds There Was Reasonable Suspicion to Detain for Field Sobriety Testing, But Does Not Explain Why - DUI News - 10/21/2016
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Odor of alcohol and bloodshot eyes might be enough to detain for field sobriety testing in the 6th District.
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