News, updates, resources, stories, and help from an Ohio attorney through a Blog.
OVI charges in Ohio carry serious consequences that can affect your life for years to come. Having an experienced criminal defense attorney who understands both the technical and procedural aspects of OVI defense is crucial for achieving the best possible outcome.
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BEGINNING JANUARY 31, 2019, THRU JULY 31, 2019, the Ohio Bureau of Motor Vehicles will implement a six-month driver’s license reinstatement fee debt reduction and waiver program for offenders whose driver’s licenses have been suspended for specific violations.
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With the introduction of medical marijuana in Ohio, I have created an page discussing marijuana OVIs. The OVI law was not changed when medical marijuana was introduced, and being able to take medical marijuana is not a defense to a marijuana OVI.
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The United States Supreme Court recently issued a decision in Collins v. Virginia that confirmed that the area immediately surrounding a home (i.e., the curtilage) receives the same protection from searches and seizures as the home itself, even if an automobile or motorcycle is parked in the curtilage.
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The National Highway Traffic Safety Administration (NHTSA) has developed "clues" of impairment specifically related to motorcycles. NHTSA has grouped these into what it considers excellent clues and good clues.
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Drivers of rental cars, even if not on the rental agreement, have constitutional protections against unreasonable searches and seizures.
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Sobriety checkpoints do infringe upon our Constitutional rights and protections. An experienced DUI Defense Lawyer will evaluate how the DUI checkpoint was planned and how it was conducted to develop the best arguments against the checkpoint. Furthermore, even if conducted properly, the police may not detain for further screening without a reasonable suspicion based on articulable facts that the driver is impaired and it may not arrest without probable cause to believe the driver is impaired.
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Although R.C. 4511.197 limits challenges to administrative license suspensions to four conditions, the State must show that it complied with 4511.192 before the licensee is required to show the 4511.197 challenges.
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Going to Put-in-Bay or Kelley’s Island this summer? Taking a ferry and renting a golf cart to tour around? You might get charged with a DUI if you drink and drive on that golf cart, just as people have been charged at golf courses and campgrounds. Being charged with an OVI/DUI for driving a golf cart raises two issues. First, can it be a DUI if you were only driving a golf cart? Second, is it a DUI if you were on private property such a campground or golf course?
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Overview of the one-leg-stand and walk-and-turn field sobriety tests.
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With the changes to OVI penalties taking effect April 6, 2017, we have updated our OVI penalty webpage as well as this video:
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Numerous factors indicating impairment give trooper reasonable suspicion to prolong traffic stop even though he only detected a "small" odor of alcohol.
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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