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Fifth District explains that, "A trial court abuses its discretion by denying a pretrial motion to suppress in an OVI case as 'untimely filed' where the motion to suppress was promptly filed after the state provided discovery and the request for leave articulate the reason for the late filing."
Read MoreOhio Supreme Court holds that, "When the effects of a drug are sufficiently well known . . . expert testimony linking ingestion of the drug with indicia of impairment is unnecessary to convict of an OVI.
Read MoreSigns of drinking are insufficient to justify an arrest for an OVI (operating a vehicle while impaired) at a sobriety checkpoint, without also observing signs of impairment such as erratic driving or behavior.
Read MoreState uses Florida drivers' license as justification for completing field sobriety tests without explanation.
Read MoreAn OVI requires actual movement of a vehicle, while a physical control charge does not; however, police may infer movement to charge a sleeping driver of a parked car with a DUI.
Read More10th District focuses on positive clues for impairment to find probable cause, while ignoring all clues that show a lack of impairment.
Read MoreEvidence to arrest sole occupant of single vehicle accident is sufficient even when the occupant was not observed driving the vehicle.
Read MoreDriving slow when an officer pulls behind may be a reason to initiate a traffic stop.
Read MoreThe 10th District agrees with the Defendant that the trial court completed several errors in its evidentiary rulings that prevented a fair trial.
Read MoreOdor of alcohol and bloodshot eyes might be enough to detain for field sobriety testing in the 6th District.
Read More2nd District holds that field sobriety tests that deviate from NHTSA standards are admissible, if the deviations did not affect the results.
Read MoreWhen there is witness testimony of an individual driving impaired, there can be sufficient evidence to convict of an OVI, even if none of the witnesses are police officers.
Read MoreThe Fifth District Holds that, although bloodshot eyes and the odor of alcohol are not enough for reasonable suspicion to conduct field sobriety tests, if there is an admission to drinking there is probable cause to arrest regardless of field sobriety tests.
Read MoreThe Fifth District holds that the smell of alcohol with bloodshot glassy eyes is insufficient to detain for sobriety tests, even though the defendant was stopped at 1:30am and had crossed double yellow lines.
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
https://www.BrianSmithLaw.com
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