27 December

Sticky

DUI Motion To Suppress – Appellate Challenges

DUI Motion To Suppress - Appellate Challenges There are three methods of challenging a trial court’s ruling on a DUI motion to suppress on appeal. First, an appellant may challenge the trial court’s finding of fact. In reviewing a challenge of this nature, an appellate court must determine whether the trial court’s findings of fact are against the manifest weight of the evidence. See State v. Fanning (1982), 1 Ohio St.3d 19, 437 N.E.2d 583; and State v. Klein (1991), 73 Ohio App.3d 486, 597 N.E.2d 1141.Second, an appellant may argue that the trial court failed to apply the appropriate test...

03 October

0 Comments

Sticky

An Overview Of The OVI Process From Beginning To End

Posted by Dayton DUI

in Uncategorized

In this video, we walk you through the typical OVI process.OVI PROCESS - ARRAIGNMENT Following an OVI arrest, you will attend your ARRAIGNMENT. This hearing is designed to allow you to enter a plea. No doubt, you will have considered getting an attorney. We offer a free consultation. Furthermore, I make myself available immediately. If you have an attorney at this point, you may not have to attend this hearing. If you hire me, we file paperwork with the court. This paperwork will tell the court you have an attorney. In addition, we file other important papers to protect your rights....

29 September

0 Comments

Sticky

Burden Shifting At A Motion To Suppress Hearing

Posted by Dayton DUI

in Uncategorized

A motion to suppress is often the most critical phase of the OVI trial process. Procedurally, the defense attorney files a motion challenging all of the government's evidence. Once this motion is filed the government has the burden of demonstrating the propriety of the arrest and that law enforcement substantially complied with the rules.When a defendant challenges the admission of a breath-alcohol test, courts apply a burden shifting analysis. The state must show substantial compliance with ODH regulations, and if the state meets that burden, a rebuttable presumption arises that the test results are admissible. Burnside at ¶ 24; State...

13 August

0 Comments

Sticky

A Motion To Suppress Is Vital In An Ohio DUI Case

Posted by Dayton DUI

in Uncategorized

In State v. French, 72 Ohio St. 3d 446, 1995-Ohio-32, 646 N.E. 2d 887 (1995), the Ohio Supreme Court held that a pretrial motion to suppress is the only way to challenge the admissibility of a chemical test. If not filed, the results will be automatically admissible at trial. The prosecuting attorney will not need to lay a foundation and any objection by the defense as to their admission will be overruled by the judge. This makes choosing an experienced DUI attorney vital to your case as they will know what to challenge in a pretrial suppression motion.A motion to...

27 March

0 Comments

Sticky

Field Sobriety Tests: Can They Be Thrown Out in Court?

Posted by Dayton DUI

in Uncategorized

QUESTION: If you get a field sobriety test (or blood test or urine test, etc), can the tests be thrown out in court?AUDIO ANSWER by DUI Attorney Charles Rowland:...

24 October

0 Comments

Sticky

Stop & Sniff Case Law Update (by DaytonDUI)

Posted by Dayton DUI

in DUI Law

In Kirtland Hills v. Medancic, 2012-Ohio-4333, a recent case out of the Eleventh District Court of Appeals, the Court reaffirmed the principle that just because a police officer smells alcohol on a driver does not mean that the police officer has reasonable and articulable suspicion to continue the detention of the driver and/or remove that driver to administer standardized field sobriety tests. One of the major decision points in the OVI arrest process is the officer’s decision to remove a suspect from his or her car and conductstandardized field sobriety testing. The officer is trained to arrive at this “decision point” by conducting an interview and...

25 September

0 Comments

Sticky

Blood, Breath & Urine Testing In Ohio: The Three Hour Rule

Posted by Dayton DUI

in DUI Process

Help your attorney defend your case by creating a credible time-line of events. R.C. 4511.19(D) sets forth a three-hour time limitation for the collection of bodily substances for alcohol and/or drug testing. This rule is a change from Ohio's previous law which gave the State only two hours in which to obtain a sample. The time requirement has been adopted by the Ohio Supreme Court in Cincinnati v. Sand, 43 Ohio St.2d 79, 330 N.E.2d 908 (1975) and more definitively at Newark v. Lucas, 40 Ohio St.3d 100, 532 N.E.2d 130 (1988), where the court held that tests in test cases (cases involving a violation of...

20 May

0 Comments

Sticky

Arrested for OVI in Moraine?

Posted by Dayton DUI

in Ohio Cities

Image by Billy V via FlickrARRESTED IN MORAINE? YOU MAY GO TO THE MORAINE MAYOR'S COURT OR THE KETTERING MUNICIPAL COURT If you are arrested in Moraine, Ohio on suspicion of an OVI (better known as "DUI" or drunk driving), your OVI case may be handled in the Moraine Mayor's Court which is located at 4200 Dryden Road, Moraine, Ohio 45439. Your attorney will meet with a prosecuting attorney who represents the city at the Moraine City Building for purposes of plea negotiations. If your Moraine OVI case requires a motion to suppress, or if you request that the matter be set...

16 May

0 Comments

Sticky

Ohio DUI Law: Failure to File a Motion To Suppress

Posted by Dayton DUI

in DUI Law

Should You File A Motion to Suppress?In State v. Thomas, 2011-Ohio-1987 (2nd Dist. Ct. App. 2011), the Defendant was convicted of felony OVI after a jury trial. No motion to suppress was filed and it was determined during the jury trial that the officer wasn't sure whether he turned off his overhead lights during the horizontal gaze nystagmus portion of the standardized field sobriety tests, but stated that it was normal to do so. An argument exists that doing the test in this manner should result in suppression of the test as the phenomenon of optokinetic...

05 May

0 Comments

Sticky

Dayton DUI: The Court Process from Arraignment to Disposition

Posted by Dayton DUI

in Uncategorized

"Sometimes when you're arrested the scariest part is not know what comes next." Click the title above to see a video of Dayton DUI attorney Charles M. Rowland explain what happens from arrest to disposition in your Ohio DUI case.Related articles3-Day Driver Intervention Programs (daytondui.com) Arrested for DUI in Dayton, Ohio? (daytondui.com) Dayton DUI on YouTube (daytondui.com) Reckless Operation in Ohio (daytondui.com)...

motion to suppress Tag

I support The Substance Abuse Prevention Institute