News, updates, resources, stories, and help from an Ohio attorney through a Blog.
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.
Read MoreBeing 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.
Read MoreWhen 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.
Read MoreWhen facing an OVI (Operating a Vehicle while Impaired) charge in Ohio, defendants may find themselves subjected to various physical and mental tests administered by law enforcement officers. While certain tests like the Horizontal Gaze Nystagmus (HGN), Walk and Turn, and One Leg Stand are recognized as "standardized" by the National Highway Traffic Safety Administration (NHTSA) and have undergone validation studies, officers frequently employ other tests that lack this crucial standardization. One such test that has become increasingly common is the Modified Romberg Balance (MRB) test.
Read MoreThe One Leg Stand (OLS) test constitutes the third field sobriety test in the standardized battery, yet its effectiveness as a reliable indicator of intoxication remains highly questionable. Despite law enforcement's reliance on this test, fundamental flaws in its design, administration, and interpretation cast serious doubt on its validity.
Read MoreThe Walk and Turn (WAT) test represents another cornerstone of field sobriety testing, yet its reliability merits significant scrutiny. While law enforcement portrays this test as an objective measure of impairment, numerous factors undermine its validity, making it a questionable tool for determining intoxication.
Read MoreThe Horizontal Gaze Nystagmus (HGN) test has become a cornerstone of DUI enforcement, yet its scientific validity and practical application deserve careful scrutiny. While law enforcement presents this test as objective evidence of impairment, numerous issues undermine its reliability as a definitive indicator of intoxication.
Read MoreWe've all seen it happen: a police officer pulls someone over for what they believe is a violation, only to discover upon approach that no violation actually occurred. What should happen next? Ohio law provides clear guidance on this important issue.
Read MoreAfter a traffic stop, many drivers are asked to perform field sobriety tests. However, Ohio law clearly establishes that police must have specific justification before making this request. Understanding these requirements is crucial for anyone who faces DUI/OVI charges.
Read MoreSummer in Ohio means trips to Put-in-Bay, Kelley's Island, campgrounds, and golf courses. For many, these outings include renting golf carts and enjoying alcoholic beverages. What most people don't realize is that operating a golf cart while impaired can result in the same serious OVI/DUI charges as driving a car.
Read MoreMany DUI cases in Ohio begin with a traffic stop for a "marked lanes violation." These stops often serve as the initial contact point that leads to further investigation for impaired driving. Understanding what actually constitutes a marked lanes violation can be crucial if you're facing charges that stemmed from such a stop.
Read MoreMany Ohioans are unfamiliar with what legally constitutes "obstructing official business" until they're faced with such a charge. This offense, while seemingly straightforward, contains several specific legal elements that must be proven beyond a reasonable doubt. Understanding these elements can be crucial for anyone facing such charges.
Read MoreDUI checkpoints (also called sobriety checkpoints) are temporary roadblocks where law enforcement officers stop vehicles to check drivers for signs of impairment. The U.S. Supreme Court has established that these checkpoints constitute a "seizure" under the Fourth Amendment, but they are permitted under certain conditions.
Read MoreOhio's Operating a Vehicle under the Influence (OVI) laws include specific provisions known as "per se" violations, which create a unique framework for prosecution. These charges differ from traditional impairment-based OVI cases because they rely solely on chemical test results rather than observable signs of impairment.
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
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