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DUI Court Process Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "DUI Court Process" (Page 28)

Ohio OVI Law; State v. Bockstiegel (1st District Strikes Down 5-day Argument)

State v. Bockstiegel (1st District Court of Appeals) Defendant Bockstiegel was in a wreck and consented to a blood test and was cited under the per se and impaired sections. His first hearing was beyond the "5 Day" rule, so he filed a motion to dismiss based on the lack of a hearing within 5 days. Bockstiegel had argued, and the trial court agreed, that the dismissal was proper because Bockstiegel did not have his initial appearance within five days. The statutory provisions regarding an initial appearance state that when a person is charged with a violation of R.C. 4511.19 or an...

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Ohio DUI Law: State v. Cave (maximum punishment upheld)

State v. Cave, 2010-Ohio-1237, 09-CA-6 (OHCA2)This case originated in the Clark County Common Pleas Court.  The sole issue is whether or not the trial court abused its discretion in giving a maximum sentence of five years.  The Second District Court of Appeals held, "Defendant-appellant Robert appeals from his five-year sentence imposed following his conviction for Operation of a Motor Vehicle While Under the Influence of Alcohol (OMVI), a felony of the third degree. maintains that the trial court abused its discretion in imposing a maximum sentence, and that the sentence is contrary to law. We conclude that 's...

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Ohio DUI Law: ALS and Unsworn 2255

State v. Allen, 2010-Ohio-1257, 13-09-25 (OHCA3) Defendant Allen was stopped and arrested for OVI and subsequently tested over 0.08. She was given an unsworn copy of the 2255 and then the officer submitted an unsworn copy of the 2255 to the Court and the BMV. The Tiffin Municipal Court upheld the suspension. The 3rd District Court of Appeals held that the suspension was valid IMMEDIATELY upon testing over and it has nothing to do with the 2255 being sworn or not. In his dissent from this ruling, Judge Rogers states, "I submit that the requirement that BMV Form 2255 be sworn...

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DUI Law In Ohio: What is the Law?

[caption id="" align="alignleft" width="172" caption="Image via Wikipedia"][/caption]In Ohio, driving under the influence includes driving while intoxicated with too much alcohol, or driving under the influence of a drug of abuse. The traditional offense is "driving under the influence of alcohol" (DUI). Ohio has also enacted a second, so-called "per se" offense: driving with an excessive blood-alcohol concentration (.08%). In Ohio, BOTH offenses are usually charged.A jury instruction which is given at every D.U.I. trial states,UNDER THE INFLUENCE. "Under the influence means that the defendant consumed some (alcohol)(drug of abuse)(alcohol and a drug...

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Ohio DUI Law; Mays fog-line decision upheld

State v. Burwell, 2010-Ohio-1087, 12-09-06 (OHCA3) This case originated in the Putnam County Court.  "In his first assignment of error,  argues that the trial court erred by overruling his motion to suppress evidence obtained as a result of the traffic stop. Specifically,  argues that crossing the white edge line without evidence of erratic driving or concerns for his safety does not provide reasonable articulable suspicion for a traffic stop, citing State v. Phillips, 3d Dist. No. 8-04-25, 2006-Ohio-6338.  also maintains that this case is distinguishable from State v. Mays, 119 Ohio.St.3d 406, 2008-Ohio-4539, 894 N.E.2d 1204, because: he only crossed the  line once and the defendant...

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Ohio OVI Practice Pointer; Destroyed Audio Tape

State v. Smith, 2010-Ohio-1232, 09-CA-42 (OHCA5) Defendant-appellant Robert Smith appeals his convictions and sentences in the Licking County Municipal Court on one count of Driving under the Influence [Refusal] in violation of R.C. 4511.19 (A) (1) (a), one count of space between moving vehicles in violation of R.C. 4511.34, and one count of marked lanes in violation of R.C. 4511.33.  The Defendant was stopped and arrested for OVI, he raised many issues at the Motion to Suppress including the fact that the audio recordings from the cruiser cam were not provided. The trooper testified that the audio outside his car was not...

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Ohio OVI Law; State v. Verity (admission of the NHTSA manual)

State v. Verity, 2010-Ohio-1151, 2009CA00156 (OHCA5) This case originated in the Massillon Municipal Court.  Verity was arrested for OVI and at the motion to suppress, the Trooper testified that he administered the Standardized Field Sobriety Tests according to NHTSA guidelines but he did not testify as to what those guidelines are. The trial court overruled the Motion to Suppress and Verity appealed to the Fifth District.  Shot down, right? No, the judgment was reversed. "Appellant claims the trial court erred in finding the standardized field sobriety tests were conducted in substantial compliance with the National Highway Traffic and Safety Administration (NHTSA)...

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Ohio DUI Law; State v. Craze (Reasonable Articulable Suspicion)

State v. Craze, 2010-Ohio-812, 09 COA 017 (OHCA5) This case is from the Ashland Municipal Court and raises the issue of what constitutes reasonable and articulable suspicion for a traffic stop.  On March 1, 2009, at approximately 2:06 a.m., Trooper Penny Beaty of the Ohio State Highway Patrol was performing traffic duty on Claremont Street in Ashland, Ohio when Appellant's vehicle passed her traveling on the same road. Trooper Beaty followed Appellant's vehicle onto West Main Street. While following the vehicle Trooper Beaty observed the vehicle's registration sticker on the rear license plate was blocked from view. Trooper Beaty then initiated...

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Trial Attorney Toolkit – Motion in Limine

Image via WikipediaBlack's Law Dictionary defines a motion in limine as "[a] pretrial request that certain inadmissible evidence not be referred to or offered at trial." Black's Law Dictionary (7th ed.) p. 1033.  The motion in limine has been called a "procedural orphan" due to its lack of statutory or procedural authority despite being recognized by the Ohio Supreme Court in State v. Grubb 28 Ohio St.3d 199, 503 N.E.2d 1141 (1985). See Ohio Driving Under the Influence Law, Weiler & Weiler, 2009-2010 ed., sec.12.9, p. 355.  The practitioner should be careful not to rely upon a motion in limine in lieu...

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Ohio OVI Law; State v. Reed (tipster reliability)

State v. Reed, 2010-Ohio-299 (OH2)Reed was arrested at approximately 12:45a.m. on February22, 2009, by Kettering Police Officers Schomburg and Woolf. Officer Schomburg testified that he and Officer Woolf were both in a UDF store on Stroop Road, in Kettering, and that: “We were just standing there talking, having a cup of, cup of hot chocolate; and then Patricia Wolfe, who’s a clerk at UDF she came running toward us and said that the defendant just bought some alcohol, bought some beer, and when he was leaving, he was stumbling, and he had a very, very strong odor of alcohol. She said...

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