Ohio Supreme Court Settles Habitual OVI Offender Sentencing - DUI Appeals Reports - 4/15/2016

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Ohio Supreme Court affirms the OVI Habitual Offender Specification found in the R.C. 2941.1413.

State v. Klembus, 2016 Ohio 1092 (2016).

http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2016/2016-Ohio-1092.pdf

March 22, 2016

Klembus was sentenced to one year for a Fourth Degree Felony OVI and one year for the repeat-OVI specification, to be served consecutively.  He appealed, and the Eighth District agreed, holding that the repeat OVI offender specification violated equal protection because OVI penalty and the specification require identical proof yet impose different penalties.  Subsequently, the First, Second, Third, Eleventh, and Twelfth Districts rejected the Eighth District opinion.

The Ohio Supreme Court reversed the Eighth District, and in upholding the specification reasoned, "The possibility of longer prison sentences for those who continue to violate Ohio's OVI statute is rationally related to the state's legitimate interest in punishing offenders and protecting the public from the dangers of impaired driving."

If you are interested in criminal defense services, or have been charged with an OVI, consider reviewing our DUI Defense Services at http://SivinskiLegal.com

Hospital Blood Tests Can Be Used for OVIs When They Do Not Substantially Comply with ODH Regulations - DUI Appeals Reports - 4/14/2016

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Hospital Blood Tests Can Be Used for OVIs When They Do Not Substantially Comply with ODH Regulations - DUI Appeals Reports - 4/14/2016

Third District holds that an individual receiving treatment after an auto accident can refuse a blood alcohol test by the police, but the health care provider's own blood test used for treatment will still be admissible even if it does not substantially comply with ODH regulations like the police test would have to.

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Being Placed in a Police Car While Denied Use of a Cellphone is Not an Arrest - DUI Appeals Reports - 4/13/2016

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Being Placed in a Police Car While Denied Use of a Cellphone is Not an Arrest - DUI Appeals Reports - 4/13/2016

The First District holds that a woman, placed in a police car, and denied use of her cellphone, is not under arrest until the police officer intends to put her under arrest.

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Urine / Blood Samples Unrefrigerated for 5 Hours Are Close Enough - DUI Appeals Reports - 04/09/2016

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Urine / Blood Samples Unrefrigerated for 5 Hours Are Close Enough - DUI Appeals Reports - 04/09/2016

The Ohio Supreme Court held that, despite the administrative code requiring refrigeration of urine and blood samples, the State substantially complies if the samples are unrefrigerated for as long as five hours, while providing clarification for the burden shifting tests for substantial compliance with OVI testing.

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DUI Appeals Reports 3/23/16

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DUI Appeals Reports 3/23/16

The 9th District avoids an evaluation of the constitutionality of the OVI repeat offender specification by holding the trial court erred in granting motions to dismiss, before the defendants were found guilty of or sentenced to the specification.

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DUI Appeals Reports 3/17/16

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DUI Appeals Reports 3/17/16

The Sixth District departs from prior holdings, bringing itself in line with other appellate courts, by holding that when a trial court does not follow R.C. 2937.07 by failing to obtain an explanation of the circumstances of an offense when accepting a no contest plea, the defendant should be acquitted rather than having the case simply remanded.

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DUI Appeals Reports 3/11/16

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DUI Appeals Reports 3/11/16

The 11th District holds that the OVI repeat offender specification is Constitutional and the only grounds to challenge prior convictions must be based on a lack of counsel, while the 12th District holds that the speedy trial clock for subsequent OVI charges based on chemical tests does not begin to run at the time of the original OVI charge.

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DUI Appeals Reports 02/23/16

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DUI Appeals Reports 02/23/16

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.

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DUI Appeals Reports 02/22/16

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DUI Appeals Reports 02/22/16

The 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

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DUI Appeals Reports 02/21/16

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DUI Appeals Reports 02/21/16

The 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.

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