11th District Holds State Can't Take Plea to Misdemeanor OVI and then Charge Felony OVI - DUI News - 10/1/2016
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11th District Confirms that the State Must Identify that it is Charging a Felony OVI When It Intends to Do So
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Fifth District Avoids Judicial Review of Police - DUI News - 9/29/2016
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Fifth District substitutes its decision on a suppression motion for that of the trial court, reasoning that the trial court substituted its decision for the police officer, thus eliminating review of the the police officer's actions.
Read MoreMarked Lane Violations Require More than a Tire Width Over the Line - DUI News - 9/28/2016
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A traffic stop initiated for a marked lanes violation is without reasonable suspicion when video fails to show a tire crossing the line by more than a tire width.
Read MorePassing Field Sobriety Tests Does Not Stop Arrest - DUI News - 8/27/2016
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The 9th District concludes that the State had probable cause to arrest for a marijuana OVI, despite the defendant passing the field sobriety tests and the officer smelling only raw marijuana.
Read MoreMargin of Error in Alcohol Tests is a Weak Defense? - DUI News - 8/26/2016
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The Fifth District upholds conviction when officer claimed the defendant went back and forth across a marked center line but video did not show the same, and when conviction required an alcohol content of 0.238 and defendant's alcohol content ranged between 0.21 and 0.27 based on the test and margin of error.
Read MoreThe Police Can Pull You Over, Even if They Don't Know Why, If the Court Can Find a Reason - DUI News - 7/29/2016
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The Second District upholds a traffic stop where the officer initiates the stop under the erroneous belief that the driver was committing a lanes of travel violation of R.C. 4511.25, because the court believed he could have initiated the stop for a marked lanes violation ofR.C. 4511.33.
Read MoreBreathalyzers With Pump Errors Must Be Taken Out of Service - DUI News - 7/28/2016
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The Fourth District confirms that breath test results should be suppressed when the breathalyzer showed a pump error field sobriety tests must be suppressed when no evidence is presented regarding what the accepted (NHTSA) standards are.
Read MoreShotgun Motions to Suppress Are a Real Thing in Cincinnati - DUI News - 7/26/2016
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The 1st District relies on its legal theory of a "Shotgun Motion to Suppress," to reduce the state's burden to merely "general and slight" when showing substantial compliance with field sobriety tests.
Read MoreOVI Convictions for Refusing to Submit to Blood Tests Are Unconstitutional - DUI News - 7/23/2016
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The Supreme Court holds that OVI convictions for refusing to submit to blood tests are unconstitutional, but similar convictions for refusing to submit to breath tests are ok.
Read MoreRefusing a Breath Test and Offering to Take a Urine Test is Still an OVI Refusal - DUI News - 7/22/2016
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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 MoreFailing to Blow Properly Into Breathalyzer is a Refusal - DUI News - 7/20/2016
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The 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
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Testimony From Out-Of-Uniform Officer Admissible - DUI News - 6/9/2016
Read MoreWhen Field Sobriety Tests Are Improper, Results Are Suppressed - DUI News - 6/8/2016
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Eighth 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.
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