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Case Law

Dayton DUI – DUI Expungement

DUI Expungement No DUI expungement under Ohio law? One of the reasons I am proud to defend DUI cases, is that these cases are unduly stigmatized.  For example, if you punch someone in the nose your friends will say, "Wow, what happened?" If, however, you say you were charged with a DUI, they will say, "Oh, I'm sorry."  It is this assumed guilt that is like no other criminal offense.  It erodes at our Constitutionally guaranteed right to be presumed innocent. What makes this presumption particularly frustrating is that DUI cases are notoriously hard for the prosecution to prove. An experienced attorney can find...

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DUI Case Law Update: State v. Houck

 State v. Houck, 2011-Ohio-6359, In State v. Houck, the Fifth District Court of Appeals upheld a decision of the lower court on defendant's Motion to Suppress.  The issue involved an arrest for OVI which was made after an officer alleged the defendant was weaving within his lanes and crossing the center line ONCE.  Just one problem.  When the video was viewed at the motion to suppress hearing, no weaving and no crossing of the center line was observed.  "In this case, the video tape introduced at trial affirmatively demonstrates Appellee’s vehicle did not appear to swerve back and forth and does not...

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Ohio OVI Law: State v. Brooke; prior convictions for DUI

State v. Brooke (2007), 113 Ohio St.3d 199 The Supreme Court of Ohio recently decided the case of State v. Brooke (2007), 113 Ohio St.3d 199.  In this case the Supreme Court via Justice Lanziger held the state to its burden in proving the voluntariness of waivers of counsel in previous DUI convictions.  The State will be required to show more than that a conviction was recorded and, when challenged, carries the burden of proving the waiver of counsel was voluntary and complied with applicable law.  If you face a 2nd, 3rd, 4th or 5th DUI make sure your attorney makes...

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Ohio DUI Law: State v. Shuler (Portable Breath Test Not Allowed)

Portable Breath Test Not Allowed The Fourth District Court of Appeals slammed the use of portable breath tests as trial evidence in State v. Shuler, 168 Ohio App.3d 183, 2006-Ohio-4336.  The unique facts of this case were that the defendant was stopped on November 6, 2004 for making an erratic, improper turn.  He was "asked" to leave the vehicle for submission to field sobriety tests.  In addition, the officer administered a portable breath test to the defendant.  The PBT result was .078 (below the legal limit).  The defendant was arrested and taken to the station where the results of the BAC test were...

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