17 September

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Federal OVI Offenses: Where Will My Case Be Heard?

Federal OVI offenses are handled in the United States District Court for the Southern District of Ohio. Established in 1803, the United States District Court for the Southern District of Ohio handles over 400 criminal cases (including Federal OVI offenses) a year in 48 of Ohio’s 88 counties. The court has an eastern division, located in Columbus and two western divisions located in Dayton and Cincinnati. If you are arrested for a Federal OVI offense in Champaign, Clark, Greene, Darke, Miami, Montgomery, Preble or Shelby counties you will appear in Dayton’s Federal Building, 200 W. Second St., Dayton, Ohio 45402. You can...

21 August

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Marked Lane Violation Overturned By Third District Court of Appeals

Posted by Dayton DUI

in DUI Law

State v. Shaffer, 2013-Ohio-3581 Overturns Marked Lane ViolationIn a decision that will impact many OVI cases, the Third District Court of Appeals ruled that a trooper did not have a “reasonable, articulable” suspicion to stop a Paulding County woman for a marked lanes violation. O.R.C. 4511.33. Accordingly, her convictions for reckless operation and failure to drive within the marked lanes were reversed.In the court’s unanimous decision, authored by Judge Stephen R. Shaw, the court agreed with Shaffer’s claims “that Trooper Sisco’s testimony that a vehicle’s tires touched the white fog line on a single occasion, causing the right fender of the...

20 August

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Xenia OVI Attorney Charles M. Rowland II

Posted by Dayton DUI

in Ohio Cities

Xenia OVI in the Xenia Municipal Court. The honorable Michael Murry, has jurisdiction over OVI violations of any ordinance of any municipal corporation within its territory. The Xenia Municipal Court has jurisdiction for the cities of Xenia and Bellbrook; the villages of Yellow Springs, Cedarville, Jamestown, Spring Valley, and Bowersville; and the townships of Sugarcreek, Xenia, Cedarville, New Jasper, Silvercreek, Ceasarcreek, Miami, Jefferson, Ross, and Spring Valley. The Court’s jurisdiction also includes four college campuses: Central State University, Wilberforce University, Cedarville College, and Antioch College. Law enforcement agencies located within the jurisdiction of the court include: Bellbrook Police Department; Cedarville Police Department; Central State University Police Department; Greene County Animal Control; Greene CountySheriff’s Office;...

08 August

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Community Control (Probation) in an OVI Case

Posted by Dayton DUI

in Uncategorized

If you are charged with a DUI (now called OVI; operating a vehicle impaired) chances are you will be placed on probation at the disposition of your case. Probation is now called "community control" and provides for terms and conditions you must comply with in order not to go to jail. Probation requires you to work with a "probation officer" (P.O.) for a given period of time as set by the court. A common misconception is that the probation officer will actively work against you in an effort to return you to jail. Most of the time, the probation officer is working to make...

07 August

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OVI In The Dayton Municipal Court

Posted by Dayton DUI

in Ohio Cities

If you are arrested for OVI in the City of Dayton, your misdemeanor DUI case will be heard in the Dayton Municipal Court. The Dayton Municipal Court is located at 301 West Third Street Dayton, Ohio 45402. You can visit the Dayton Municipal Court’s website at:www.DaytonMunicipalCourt.org. Office hours for the Clerk of Court are 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding holidays, for the acceptance of case filings and payments. Parking, Traffic and Criminal payments can also be paid online at www.PayMyFine.org. A full list of contact numbers is available on the Court’s website and the Clerk can be reached at (937)...

02 August

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Ohio DUI Law And The Portable Breath Test

Posted by Dayton DUI

in DUI Law

In State v. Shuler , 168 Ohio App.3d 183, 2006-Ohio-4336, the Ohio Supreme Court took up the issue of whether a portable breath test device (hereinafter 'PBT') can be used as evidence in a drunk driving prosecution. The court found that, PBT devices are not among those instruments listed in Ohio Adm.Code 3701-53-02 as approved evidential breath-testing instruments for determining the concentration of alcohol in the breath of individuals potentially in violation of R.C. 4511.19. PBT results are considered inherently unreliable because they “may register an inaccurate percentage of alcohol present in the breath, and may also be inaccurate as to...

24 July

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No Miranda Rights for DUI Cases?

Posted by Dayton DUI

in DUI Law

There was a time when the Miranda Rights were not extended to drunk driving cases. In State v. Pyle, 19 Ohio St. 2d 64, 48 Ohio Op. 2d 82, 249 N.E.2d 826 (1969) the Ohio Supreme Court reasoned that the rights guaranteed under the Supreme Court decision in Miranda v. Arizona did not apply to misdemeanor cases (like DUI). The ostensible reason for this distinction was that the level of interrogation in a misdemeanor case is less intrusive and coercive than the rigorous interrogation in a felony case. The United States Supreme Court disagreed.The holding in Berkemer v. McCarty, 468 U.S....

11 July

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OVI Case Law Update: State v. McMahon

Posted by Dayton DUI

in DUI Law, DUI Process

In State v. McMahon, 12TRC-34824B, the city of Cincinnati appealed a ruling which granted a motion to suppress. The trial court suppressed the results of McMahon’s breath test after determining that the director of health had not promulgated the necessary requirements under R.C. 3701.143 for obtaining the access card required for operation of an Intoxilyzer 8000 machine.The issue for appeal was whether the trial court correctly found that the director of health had failed to promulgate the qualifications required for the issuance of an access card to those seeking to operate an Intoxilyzer 8000 machine. Pursuant to R.C. 3701.143, the director...

02 July

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Brookville OVI Attorney

Posted by Dayton DUI

in Ohio Counties

If you are arrested for OVI (drunk driving) in Brookville, Ohio your case will be heard in the Montgomery County Municipal Court (Western Division), 195 S. Clayton Rd., in New Lebanon, Ohio. The jurisdiction of the Montgomery County Municipal Court, Western Divison covers most of north-west Montgomery County, Ohio and includes the cities of Trotwood,Brookville, Phillipsburg, the Village of New Lebanonand parts of Verona. The court also handles cases arising in Jefferson Township, Clay Township, Perry Township and Jackson Township. You can reach the Court by phone at Traffic/Criminal Division (937) 687-9099 and Civil Division (937) 687-9092. Visit the court’s web site by clicking HERE. To pay your ticket ON-LINE...

28 June

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Ohio’s First Post-McNeeley Blood Draw Case

Posted by Dayton DUI

in DUI Law, DUI Process

In State v. Hollis, 2013-Ohio-2586, the Fifth Appellate District was faced with an appeal of a decision from the Richland County Common Pleas Court. The case was the first forced blood draw decision following the United States Supreme Court ruling in Missouri v. McNeeley, which held "that in drunk-driving inves- tigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant. The decision of the court used the previous rules for exigent circumstances as set forth in Schmerber v. California and does not address or rely upon...

DUI Court Process Tag

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