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marked lanes Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "marked lanes"

Marked Lanes Violations & Traffic Stops

When can a police officer make a stop for a marked lanes violation? In State v. Houck, 2011-Ohio-6359, Ohio's Fifth Appellate District considered the legal standards required to stop a person for a marked lanes violation. See O.R.C. 4511.33 “In Ohio, when a driver commits only a de minimis marked-lanes violation, there must be some other evidence to suggest impairment before an officer is justified in stopping the vehicle. See State v. Gullett (1992), 78 Ohio App.3d 138, 145, 604 N.E.2d 176, 180–181. In Gullett, the Fourth District Court of Appeals concluded that the mere crossing of an edge line on two...

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Marked Lane Violation Overturned By Third District Court of Appeals

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...

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Ohio DUI Laws: An Overview

This post collects together in one place many of the Ohio DUI Laws that arise in drunk driving cases.   Some Ohio DUI laws are listed because law enforcement will charge these offenses to establish probable cause for pulling over your vehicle.  If you need to find out more about a specific law, or how the statute has been interpreted or applied, call Charles M. Rowland II at (937) 318-1384 or read about the specific Ohio DUI law at the Ohio DUI Law Blog.Operating a Vehicle Impaired (OVI); O.R.C. 4511.19 This is Ohio's drunk driving statute (Ohio's DUI law).  It is a...

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Assured Clear Distance, R.C. 4511.21(A)

Ohio Revised Code 4511.21(A), Assured Clear Distance, is a law requiring that you drive your vehicle in such a way as to be able to bring you car to a stop to avoid an accident.  As a driver, you are required to take into consideration, night driving, weather conditions, hills, curves, turns and poor lighting.  If you are driving your car and a car is traveling or stopped in front of you heading in the same direction and in the same path or lane of travel as you, you must be able to bring your car to a stop to...

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What Does a “Lanes of Travel” or “Marked Lanes” Charge Mean?

Image via WikipediaA marked lanes charge is often a companion charge to a DUI/OVI offense.  It is also a "cue" that the officer may look for based on his/her National Highway Transportation Safety Administration training. Many people believe that weaving, in and of itself, is both a crime and an indication of drunk driving.  This article will demonstrate the Ohio law on these matters as they are most frequently charged (marked lanes; lanes of travel).  Check your ticket and see if you have violated this law. Ohio Revised Code sec. 4511.25...

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Ohio OVI Law: State v. Larrick (11th District)

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]State v. Larrick, 2010-Ohio-2288, 2009-P-0054 (OHCA11)This case involved a discrepancy between the testimony of the Trooper at trial and the evidence recorded by the cruiser camera.  Travis S. appeals from the judgment of the Portage County Municipal Court, Ravenna Division, overruling his motion to suppress regarding a traffic stop, which led to his conviction for operating a vehicle under the influence of alcohol.  The Court reviewed the tape and did not see a marked lanes violation.  Below are some relevant portions of the decision. "[W]e note that Trooper Ganley testified that...

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