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

/ Law Offices of Brian J. Smith, ltd/
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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DUI Appeals Report 12/17/15

/ Sivinski Law Offices, ltd/
DUI Appeals Report 12/17/15

The 5th District holds that a police officer can detain a driver after an alleged hit and skip even when there is no obvious damage to the vehicles, and a person refuses a urine test when only attempting to provide a sample for 5 minutes without asking to try again; the 10th District rejects a constitutional challenge to the per se marijuana OVI statute; the 5th District concludes there is reasonable suspicion to conduct field sobriety tests when there are driving violations, eyes were bloodshot and glassy, there was an odor of alcohol coming the vehicle and the defendant outside of the vehicle, it was 11:35 p.m. on a Friday evening, and the defendant admitted to just leaving a bar; and the 11th District uses res judicata to reject constitutional challenges to the OVI specification when brought on a motion for post-conviction relief.

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