News, updates, resources, stories, and help from an Ohio attorney through a Blog.
Odor of alcohol and bloodshot eyes might be enough to detain for field sobriety testing in the 6th District.
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2nd District holds that field sobriety tests that deviate from NHTSA standards are admissible, if the deviations did not affect the results.
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When 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.
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The 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.
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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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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.
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The Supreme Court holds that OVI convictions for refusing to submit to blood tests are unconstitutional, but similar convictions for refusing to submit to breath tests are ok.
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The Fifth District upholds a conviction for a refusal OVI after the defendant attempted to take a breath test that did not produce a valid sample, even though police did not subsequently offer a urine test.
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Eighth District affirms suppression of field sobriety tests when officer was not trained on current NHTSA manual and failed to conduct the HGN, walk-and-turn, and one-leg-stand tests in substantial compliance.
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Fifth District upholds first time OVI sentence of 120 days in jail, with sixty (60) days suspended, a $475.00 fine, and three year license suspension.
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Passing two field sobriety tests is not enough to stop an OVI arrest, when other factors are sufficient to establish probable cause.
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Eleventh District rejects trial court's attempt to manipulate sentencing on remand.
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Third District holds that anonymous tips given to a McDonald's worker who then calls the police should not be analyzed as anonymous tips.
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The Sixth District holds that when hospitals conduct blood-alcohol tests at the request of the police, and the tests are not performed for medical purposes, warrant protections still apply even when the police requested the results pursuant to R.C. 2317.022.
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
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