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After 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 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 MoreIf you're facing a holiday DUI charge, remember that experienced legal representation can make a significant difference in the outcome of your case. The complexity of holiday enforcement, combined with the unique circumstances of seasonal celebrations, requires a defense strategy tailored to these specific situations.
Read MoreOVI 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.
Read MoreSobriety 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.
Read MoreGoing 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?
Read MoreWith the changes to OVI penalties taking effect April 6, 2017, we have updated our OVI penalty webpage as well as this video:
Read MoreNumerous factors indicating impairment give trooper reasonable suspicion to prolong traffic stop even though he only detected a "small" odor of alcohol.
Read MoreFifth 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 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 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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