Portable Breath Tests in Ohio: Why the Results Cannot Be Used Against You

/ Law Offices of Brian J. Smith, ltd/
Portable Breath Tests in Ohio: Why the Results Cannot Be Used Against You

When pulled over for suspected drunk driving in Ohio, drivers often encounter a small handheld device that officers ask them to blow into at the roadside. This portable breath test, commonly called a PBT, seems like compelling evidence of intoxication. Yet Ohio law consistently holds that these test results cannot be used in court, creating important protections for drivers that many people do not understand.

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When Can Police Stop You Based on a Tip? Understanding Ohio's Legal Standards

/ Law Offices of Brian J. Smith, ltd/
When Can Police Stop You Based on a Tip? Understanding Ohio's Legal Standards

Police officers frequently receive tips about suspected criminal activity, from drunk driving to drug dealing. But when does a citizen's call to 911 justify pulling someone over? Ohio law establishes specific requirements that must be met before police can lawfully stop a vehicle based solely on someone else's report. Understanding these standards proves crucial for anyone challenging the legality of a traffic stop.

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Obstructing Official Business in Ohio: Understanding the Boundaries Between Rights and Violations

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Obstructing Official Business in Ohio: Understanding the Boundaries Between Rights and Violations

Charges of obstructing official business often arise during tense encounters with law enforcement, yet many Ohioans remain unclear about what actions actually violate this statute. Understanding the specific requirements and limitations of Ohio Revised Code § 2921.31 proves essential for anyone facing these charges or seeking to protect their constitutional rights during police interactions.

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Understanding Disorderly Conduct Charges in Ohio: What You Need to Know

/ Law Offices of Brian J. Smith, ltd/
Understanding Disorderly Conduct Charges in Ohio: What You Need to Know

Disorderly conduct remains one of the most frequently charged offenses in Ohio, yet many people misunderstand what actually constitutes this crime. Whether arising from a heated argument, an encounter with law enforcement, or alcohol-related incidents, these charges can have serious consequences that extend beyond the immediate legal penalties.

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When Officers Get It Wrong: Mistakes of Fact and Law in Ohio Traffic Stops

/ Law Offices of Brian J. Smith, ltd/
When Officers Get It Wrong: Mistakes of Fact and Law in Ohio Traffic Stops

Police officers make mistakes. Sometimes they misinterpret what they observe, and sometimes they misunderstand the law they enforce. The constitutional implications of these mistakes differ dramatically depending on their nature. While reasonable mistakes of fact may still support valid traffic stops, mistakes of law generally cannot justify even the briefest detention. Understanding this distinction and its consequences provides critical defenses when officers base traffic stops on erroneous beliefs.

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DUI Checkpoints in Ohio: Constitutional Requirements and Your Rights

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DUI Checkpoints in Ohio: Constitutional Requirements and Your Rights

Sobriety checkpoints represent one of the most controversial intersections of public safety and constitutional rights. While the Fourth Amendment generally prohibits suspicionless seizures, courts have carved out limited exceptions for properly conducted checkpoints. Understanding the strict requirements for constitutional checkpoints and recognizing when law enforcement fails to meet these standards can provide crucial defenses in OVI cases. Ohio law demands careful adherence to specific procedures that limit officer discretion and protect citizens from arbitrary enforcement.

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When Police Contact Becomes a Constitutional Seizure: Understanding Consensual Encounters vs. Terry Stops in Ohio

/ Law Offices of Brian J. Smith, ltd/
When Police Contact Becomes a Constitutional Seizure: Understanding Consensual Encounters vs. Terry Stops in Ohio

Not every interaction between police and citizens implicates constitutional protections. Ohio law recognizes important distinctions between consensual encounters, which require no justification, and investigatory stops, which demand reasonable suspicion. Understanding when a police contact crosses the line from voluntary interaction to constitutional seizure can determine whether evidence obtained during the encounter is admissible. This distinction proves particularly crucial in OVI and traffic cases where initial police contact often begins informally.

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When Officers Exceed Their Jurisdiction: Constitutional Violations in Ohio Traffic Stops

/ Law Offices of Brian J. Smith, ltd/
When Officers Exceed Their Jurisdiction: Constitutional Violations in Ohio Traffic Stops

Law enforcement officers in Ohio operate within carefully defined jurisdictional boundaries. When officers conduct traffic stops outside their lawful authority, they violate the Ohio Constitution's protections against unreasonable searches and seizures. These jurisdictional violations can render traffic stops unconstitutional and lead to suppression of all evidence obtained. Understanding the limits of police authority and the enhanced protections provided by Ohio's Constitution offers crucial defenses in traffic and OVI cases.

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When Officers Cannot Testify: Ohio's Marked Vehicle and Uniform Requirements in Traffic Cases

/ Law Offices of Brian J. Smith, ltd/
When Officers Cannot Testify: Ohio's Marked Vehicle and Uniform Requirements in Traffic Cases

Ohio law contains powerful but often overlooked provisions that can render law enforcement officers incompetent to testify in traffic and OVI cases. These statutes and evidentiary rules require officers primarily engaged in traffic enforcement to use marked vehicles and wear distinctive uniforms. When officers fail to meet these requirements, their testimony becomes inadmissible, potentially devastating the prosecution's case. Understanding these requirements and their application provides a critical defense tool in misdemeanor traffic cases.

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Miranda Rights and OVI Investigations: When Officers Must Advise Drivers of Their Rights

/ Law Offices of Brian J. Smith, ltd/
Miranda Rights and OVI Investigations: When Officers Must Advise Drivers of Their Rights

The intersection of Miranda rights and OVI investigations presents complex constitutional questions that can significantly impact the outcome of drunk driving cases in Ohio. Understanding when law enforcement must provide Miranda warnings during traffic stops and OVI investigations is crucial for anyone facing these charges. The admissibility of statements made during an OVI stop often hinges on whether proper constitutional safeguards were in place.

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Understanding the Community Caretaker Exception in Ohio DUI Cases

/ Law Offices of Brian J. Smiht, ltd/
Understanding the Community Caretaker Exception in Ohio DUI Cases

Law enforcement officers frequently justify their initial contact with drivers based on the "community caretaker" or "emergency aid" exception to the Fourth Amendment's warrant requirement. This exception represents a critical area of constitutional law that every driver should understand, as it can significantly impact the validity of a traffic stop and any subsequent DUI investigation.

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Understanding Ohio's Slow Speed Laws: When Driving Too Slowly Becomes a Crime

/ Law Offices of Brian J. Smith, ltd/
Understanding Ohio's Slow Speed Laws: When Driving Too Slowly Becomes a Crime

Most drivers worry about speeding tickets, but Ohio law also prohibits driving too slowly under certain circumstances. Understanding Ohio Revised Code 4511.22 and how courts interpret slow speed violations is crucial for anyone facing these charges, as the law is more complex than it initially appears and offers several potential defenses.

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Understanding Ohio's Hit and Skip Laws: Three Different Statutes, Three Different Requirements and Penalties

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Understanding Ohio's Hit and Skip Laws: Three Different Statutes, Three Different Requirements and Penalties

Being charged with "leaving the scene" or "hit and skip" in Ohio can be confusing because Ohio actually has three separate statutes governing these situations, each with different requirements and penalties. Understanding which statute applies to your situation is crucial, as prosecutors sometimes charge defendants under the wrong section, creating opportunities for defense.

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The Lack of Convergence Test in Ohio DUI Cases: Another Non-Standardized Test Lacking Scientific Foundation

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The Lack of Convergence Test in Ohio DUI Cases: Another Non-Standardized Test Lacking Scientific Foundation

When individuals face OVI (Operating a Vehicle while Impaired) charges in Ohio, they may encounter various physical and mental evaluations administered by law enforcement officers. While certain tests like the Horizontal Gaze Nystagmus (HGN), Walk and Turn, and One Leg Stand have achieved "standardized" status through the National Highway Traffic Safety Administration (NHTSA) and undergone some validation research, officers frequently employ additional tests that lack this crucial recognition. The Lack of Convergence (LOC) test represents another questionable evaluation tool that creates significant vulnerabilities in the prosecution's case.

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