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 MoreAbsent a Policy or Prior Warnings, Termination for Using Work Computers for Personal Use Lacks Just Cause - Unemployment News - 9/28/2016
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At an employer that lacked a policy prohibiting use of its computers for personal use, who gave mixed signals regarding such use, and in the absence of prior reprimand or warning, an employee who makes use of the computers for personal use during work hours “did not exhibit sufficient fault to provide just cause for discharge for purposes of unemployment benefits.”
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 MoreEmployers and Unemployment Hearing Officers May Not Deny Benefits for Reasons Outside Those Given At the Time of Termination - Unemployment News- 7/27/2016
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The 11th District affirms that the Unemployment Compensation Review Commission and its hearing officers are "not permitted to reference a reason for the claimant's discharge other than the reason stated by the employer."
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.
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