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The 8th District holds that it is still an OVI refusal when a person refuses a breath test but offers to take a urine test because, "it was not her option to decide which test would be administered."
Read MoreThe Fifth District upholds a conviction for a refusal OVI after the defendant attempted to take a breath test that did not produce a valid sample, even though police did not subsequently offer a urine test.
Read MoreTestimony From Out-Of-Uniform Officer Admissible - DUI News - 6/9/2016
Read MoreEighth District affirms suppression of field sobriety tests when officer was not trained on current NHTSA manual and failed to conduct the HGN, walk-and-turn, and one-leg-stand tests in substantial compliance.
Read MoreFifth District upholds first time OVI sentence of 120 days in jail, with sixty (60) days suspended, a $475.00 fine, and three year license suspension.
Read MoreFifth District affirms an OVI conviction without any witness to the defendant operating the vehicle.
Read MoreFourth District confirms that, for an OVI based on a prescription medication, the State must show a nexus between the prescription and impairment through "(1) the testimony of an expert who is familiar with the potential side effects of the medication" or (2) the testimony of a layperson (such as a friend or family member) who witnesses the effect of the particular drug on the defendant-driver."
Read MorePassing two field sobriety tests is not enough to stop an OVI arrest, when other factors are sufficient to establish probable cause.
Read MoreEleventh District rejects trial court's attempt to manipulate sentencing on remand.
Read MoreThird District holds that anonymous tips given to a McDonald's worker who then calls the police should not be analyzed as anonymous tips.
Read MoreThe Sixth District holds that when hospitals conduct blood-alcohol tests at the request of the police, and the tests are not performed for medical purposes, warrant protections still apply even when the police requested the results pursuant to R.C. 2317.022.
Read MoreThe Fifth District held that an officer's mistaken belief that stopping prior to a stop sign was a violation was an objectively reasonable belief, and therefore the resulting traffic stop was based on sufficient reasonable suspicion.
Read MoreThe Fifth District holds that the strong odor of cologne put on when leaving a bar is a factor in determining reasonable suspicion and probable cause.
Read MoreTraffic stop of motorcycles for failure to give turn signals OK, even if officers cannot see whether hand signals were given? Fifth District says yes, at least when the defendant reports the hand signals were given by a passenger.
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
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20545 Center Ridge Road, Suite 215, Rocky River, Ohio 44116
800-641-1970
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