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DUI Law

Ohio’s Speeding Law, R.C. 4511.21

Image via WikipediaThe speed law is set forth at Ohio Revised Code 4511.21.  It states:(A) No person shall operate a motor vehicle, trackless trolley, or streetcar at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface, and width of the street or highway and any other conditions, and no person shall drive any motor vehicle, trackless trolley, or streetcar in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead.The law goes on to set...

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OVI Case Law Update…and the horse you rode in on

I have been inundated with questions regarding nonconventional vehicles such as golf carts, bicycles and mowers following an earlier post.  Here, courtesy of Judge Painter (Ohio Driving Under the Influence Law, 2005 ed) is the law.  Ohio courts have upheld violations of the DUI law where the accused was operating a bicycle (intoxicated and mounted) State v. Shepard (1981), 1 Ohio App.3d 104, 439 N.E.2d 920;  State v. Vest (1986) 1986 WL 11152 (Ohio Ct. App. 4th Dist. Ross County); State v. Hilderbrand (1987, 2nd Dist.), 40 Ohio App.3d 42, 531 N.E.2d 775; State v. Loudon, 1996 WL 488792 (Ohio Ct. App. 5th Dist....

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Interstate Driver License Compact

The Interstate Driver License Compact is an agreement between 45 member states to exchange arrest information for certain traffic violations, including DUI.  For example, if you are arrested in Ohio for DUI, Ohio will inform your home state.  Your home state may take no action, immediate action or treat the offense as if it occurred in your home state for licensure purposes.  The intended goal of the Compact was to prevent the occurrence of multiple driving records that were “hidden” from other states.  Currently there are five states that are...

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Challenging the Breath Test (Part I)

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Ohio classifies DUI in two ways.  The first offense 4511.19(A)(1)(a) is the old fashion notion that you are "under the influence" of alcohol or drugs.  This definition is subject to expansion by the prosecution and is scrupulously narrowed by the defense.  Other portions of the statute deal with "per se" violations, known as breath test cases (blowing over the limit).  These two types of cases are very different and will be analyzed differently by competent DUI counsel.Ohio has judicially recognized rules and procedures to ensure the...

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Ohio Speed Limit Update

Image by bredgur via FlickrSubject: Ohio H.B. 162-Speed limit to 70 mphOn Wednesday, June 3, 2009, The Ohio House Transportation and Infrastructure Committee will hold a second hearing for H.B. 162 that would raise the speed limit to 70 m.p.h. on Ohio's Interstates. The hearing will take place at 10:30 AM in Room 017 (in the basement of the Statehouse). The agenda states that the hearing is open to Proponents, Opponents, and Interested Parties.You can be sure that the government and insurance representatives will be there to claim the entire population of Ohio will...

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Ohio’s Wrongful Entrustment Law

Ohio Court Strikes Down Wrongful Entrustment Charge: The Court of Appeals for the Twelfth District of Ohio last week struck down a "wrongful entrustment" ticket handed to a father who had allowed his son to borrow his Jeep. West Chester Township police were intent on collecting $500 plus court costs from John R. Tranovich because his son Mark's license was suspended on June 21, 2008 when the twenty-year-old took the vehicle. A trial court heard the case and imposed a suspended six-month jail sentence on the father. Ohio's wrongful entrustment law imposes harsh penalties that include the mandatory seizure of...

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Urine Test Excluded; State Failed to Show Substantial Compliance

Image by owlbookdreams via FlickrState v. Hoder, 4/6/2009, 2009-Ohio-1647, 9th District Court of Appeals View Court Published Official DocumentThe Defendant in this case was arrested for drunk driving and submitted to a urine test.  The test was properly marked and placed in the property refrigerator.  Two days later the urine test was removed and placed in a bag to be sent to the lab.  It arrived at the lab two days later.  The Defendant filed a motion to suppress and the court overruled his motion.  Upon appeal the 9th District REVERSED finding...

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Ohio Contemplates Photo Enforced Speeding Tickets

Image by dotsi via FlickrOhio state House votes to use speed cameras to issue $250 -$300 tickets to freeway drivers. Ohio  passed sweeping legislation that would impose new penalties on motorists, including a statewide speed camera program. State Representative Peter S. Ujvagi (D-Toledo) inserted the controversial proposals into a "must pass" $7.6 billion transportation funding measure to avoid individual discussion of the merits of the many programs rolled into the 361-page bill. Anyone failing to pay the $250 ticket  will have his license suspended, or, in the case of out-of-state drivers, be banned from operating a motor...

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