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The Eighth District seems to hold that an officer may initiate a traffic stop whenever a vehicle switches lanes of traffic, regardless of whether the officer has reason to believe they failed to ascertain whether it was safe to do so.
Read MoreThe Eight District holds that R.C. 4510.54 and 4510.021 grant trial courts authority to terminate or modify license suspensions or grant occupational driving privileges, even if convicted of R.C. 2903.06 and 2903.08, with DUI specifications
Read MoreThe Fifth District rejects an argument that an OVI conviction should be overturned for assertions that impairment could be explained by childhood brain injury, a severe back injury, prostate cancer, the airbag went off in defendant's face, that flashing lights impaired ability to complete HGN, and Klonopin was taken after the accident.
Read MoreThe Fourth District holds that dentures are not foreign objects and that the accuracy of breath tests given to suspects with dentures in their mouth is a matter of weight, not admissibility, of the test results.
Read MoreIn two cases, the Eleventh District holds that a motion to dismiss based on speedy trial revokes any prior speedy trial waivers; and a waiver of counsel at arraignment is insufficient to waive counsel at trial.
Read MoreThe Sixth District holds that attacks to prior OVI convictions based on being uncounseled must be supported with some evidence, even if an affidavit, in the present case; and the Eleventh District holds that probable cause exists when a driver leaves the scene of an accident, gets his vehicle stuck in the mud, has beer cans in his truck, glassy, sleepy eyes, an odor of alcohol, seems confused, and refuses sobriety tests.
Read MoreThe Fourth District holds that admission of a defendant's refusal to take a chemical test at trial does not violate a defendant's Fifth and Fourteenth Amendment rights, imposing an administrative license suspension and criminal penalties does not violate Double Jeopardy protections, and disagrees with the 11th District by concluding that courts need not accept defendants' offers to stipulate to prior OVI convictions.
Read MoreThe Second District joins the Third, Eleventh, and Twelfth Districts in rejecting an equal protection challenge to the OVI Repeat Offender Specification statute, while the Eighth District's opinion finding an equal protection challenge is awaiting review with the Ohio Supreme Court.
Read MoreThe Third District holds that a criminal court may not modify a final judgment, including a sentence, nunc pro tunc except when the original sentence was void or it contains a clerical error.
Read MoreThe Sixth District holds that a traffic stop is valid when a traffic violation is observed, even if the officer incorrectly issues a citation for a different traffic violation.
Read MoreThe 9th District holds that defendants who plead no-contest waive their right to challenge the sufficiency of the evidence, upholding a denial of a motion to suppress instead based on whether there is competent, credible evidence that a breath test was performed within three hours of an alleged violation.
Read MoreHouse Bill 388 Proposes Extending Lookback For DUI's
Read MoreThe 1st District overturns a high tier conviction OVI conviction because it had been improperly amended from a low tier charge, the 12th District confirms that OVI and aggravated vehicular homicide charges need not be merged, the 11th District holds that the repeat OVI offender specification does not violated the Constitution, and the 12th District holds that tampering with drugs is not a crime when it is done during an impaired driving/bar fight investigation.
Read MoreThe Fourth District upholds the dismissal of OVI charges against a person who admitted to taking prescription medications, because the State did not "present some evidence of how the particular medication actually affects the defendant or that the particular medication has the potential to impair a person's judgment or reflexes."
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
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