News, updates, resources, stories, and help from an Ohio attorney through a Blog.
The Horizontal Gaze Nystagmus (HGN) test has become a cornerstone of DUI enforcement, yet its scientific validity and practical application deserve careful scrutiny. While law enforcement presents this test as objective evidence of impairment, numerous issues undermine its reliability as a definitive indicator of intoxication.
Read MoreWe've all seen it happen: a police officer pulls someone over for what they believe is a violation, only to discover upon approach that no violation actually occurred. What should happen next? Ohio law provides clear guidance on this important issue.
Read MoreAfter a traffic stop, many drivers are asked to perform field sobriety tests. However, Ohio law clearly establishes that police must have specific justification before making this request. Understanding these requirements is crucial for anyone who faces DUI/OVI charges.
Read MoreSummer in Ohio means trips to Put-in-Bay, Kelley's Island, campgrounds, and golf courses. For many, these outings include renting golf carts and enjoying alcoholic beverages. What most people don't realize is that operating a golf cart while impaired can result in the same serious OVI/DUI charges as driving a car.
Read MoreMany DUI cases in Ohio begin with a traffic stop for a "marked lanes violation." These stops often serve as the initial contact point that leads to further investigation for impaired driving. Understanding what actually constitutes a marked lanes violation can be crucial if you're facing charges that stemmed from such a stop.
Read MoreMany Ohioans are unfamiliar with what legally constitutes "obstructing official business" until they're faced with such a charge. This offense, while seemingly straightforward, contains several specific legal elements that must be proven beyond a reasonable doubt. Understanding these elements can be crucial for anyone facing such charges.
Read MoreDUI checkpoints (also called sobriety checkpoints) are temporary roadblocks where law enforcement officers stop vehicles to check drivers for signs of impairment. The U.S. Supreme Court has established that these checkpoints constitute a "seizure" under the Fourth Amendment, but they are permitted under certain conditions.
Read MoreOhio's Operating a Vehicle under the Influence (OVI) laws include specific provisions known as "per se" violations, which create a unique framework for prosecution. These charges differ from traditional impairment-based OVI cases because they rely solely on chemical test results rather than observable signs of impairment.
Read MoreCriminal bonds serve as the judicial system's mechanism for ensuring defendants appear at court proceedings while balancing their constitutional right to reasonable bail. These financial arrangements between courts, defendants, and sureties create accountability while preserving the presumption of innocence.
Read MoreWhen facing substance-related charges in Ohio, a chemical dependency assessment often plays a pivotal role in both legal defense strategy and personal recovery. Understanding what happens during this evaluation can help defendants approach the process with confidence and use the results effectively in their defense.
Read MoreWhen facing a first OVI (Operating a Vehicle under the Influence) charge in Ohio, many defendants will encounter the option of attending a Driver Intervention Program (DIP) instead of serving jail time. While these programs represent an alternative to incarceration, potential participants should understand what these programs entail and what requirements they might face beyond the initial weekend commitment.
Read MoreThe consequences of a DUI charge for Commercial Driver's License (CDL) holders extend far beyond those faced by regular drivers. Commercial drivers must understand the severe impact a DUI conviction can have on their professional lives and livelihoods.
Read MoreAn Ignition Interlock Device (IID) is an advanced breath testing unit integrated with a vehicle's ignition system. It acts as a safeguard against drunk driving by requiring the driver to submit a breath sample before starting the vehicle, therefore serving as a personal breathalyzer that controls us of the car.
Read MoreWhile each case presents unique challenges, experienced defense counsel can identify the most promising strategies for your situation. Success often comes from careful investigation, thorough preparation, and strategic use of available defenses.
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
Criminal Defense - DUI Defense - Unemployment Appeals - Union Labor Law
Unemployment Appeals and Union Labor Law service areas include the State of Ohio.
Criminal and OVI services areas include: Ashtabula, Cuyahoga, Erie, Geauga, Huron, Lake, Lorain, Ottawa, Portage, Sandusky, and Summit, Counties, including the cities of Amherst, Avon, Avon Lake, Bay Village, Beachwood, Bedford, Bellevue, Berea, Brecksville, Brook Park, Brooklyn, Chagrin Falls, Chardon, Cleveland, Cleveland Heights, Clyde, Cuyahoga Heights, Elyria, Euclid, Fairview Park, Fremont, Garfield Heights, Gates Mills, Highland Heights, Huron, Independence, Kent, Lakewood, Linndale, Lorain, Lyndhurst, Maple Heights, Mayfield Heights, Mentor, Middleburg Heights, Newburgh Heights, North Olmsted, North Randall, North Ridgeville, Norwalk, Oberlin, Painesville, Parma, Pepper Pike, Port Clinton, Ravenna, Richmond Heights, Rocky River, Sandusky, Seven Hills, Shaker Heights, Sheffield Village, Sheffield Lake, South Euclid, Stow, Summit County, University Heights, Valley View, Vermilion, Westlake, Willoughby, and Woodville.
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