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motion to suppress Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "motion to suppress" (Page 2)

DUI Law: Appellate Review & Motion to Suppress

I have written extensively about the importance of filing a motion to suppress to challenge the evidence that the State can use against a defendant in a DUI case.  Counsel can use the motion to suppress as an informal discovery tool, as an informal deposition of the State's witnesses, as a dry run of your scientific defense, or as a method of attacking the State's witnesses.  Whatever your strategy, the goal is to win.  But what if you don't?A defendant has not direct appeal from a decision overruling a motion to suppress because an adverse ruling is not considered a...

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DUI Crime Lab Requirements, O.A.C. 3701-53-06

[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]O.A.C. 3701-53-06 sets forth the lab requirements for proper testing in DUI cases Ohio Administrative Code 3701-53-06 (formerly O.A.C. 3701-53-05) contains the requirements for laboratories who administer alcohol and drugs tests.  Section (A) sets forth the rules that labs must keep chain of custody records and test results for three (3) years.  All positive blood, urine and other bodily substances shall be retained for a period of not less than one year.  Section (B) requires lab proficiency.  Section (C) requires that,"[t]extbooks and package inserts or operator manuals from the manufacturer...

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Ohio OVI Law: State v. Ridenour

Image by dumbeast via FlickrState v. Ridenour, 2010-Ohio-3373, 4th District Court of Appeals July 19: Here, the Defendant was involved in a fatal accident and law enforcement suspected OVI.  A trooper obtained a search warrant for the Defendant's blood  from a Meigs County Judge.  This created an issue as the Defendant was being treated  in a hospital in neighboring Gallia County.  The resulting blood test revealed a BAC of .176.  Defendant challenged the faulty search warrant via a motion to suppress.  The motion was denied and the Defendant was convicted of Aggravated Vehicular Assault.The 4th District Court of Appeals held that...

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Ohio OVI Law: State v. Shuck

State v. Shuck, 2010-Ohio-2058, 09CA12 (OHCA4) Defendant-Appellant, Joshua M. , appeals the decision of the Marietta Municipal Court denying his motion to suppress the results of his breath alcohol concentration ("BAC") test.  The ultimate issue in his appeal is the difference between a motion to suppress and a motion in limine.  The court ruled, "The determination of whether a motion is a 'motion to suppress' or a 'motion in limine' does not depend on what it is labeled. It depends on the type of relief it seeks to obtain." State v. Massie, 2nd Dist. No. 2007...

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Ohio DUI Law: State v. Phillips (Drafting Motions to Suppress)

State v. Phillips, 2010-Ohio-1547, 08-MO-6 (OHCA7) Defendant-appellant Lee A. appeals his conviction in the Monroe County Court for first-offense operating a vehicle under the influence (OVI). The central issues are whether the trial court erred in failing to suppress the field sobriety and breath test results.It is well recognized that a suppression motion must set forth an adequate basis for the motion. v. Shindler (1994), 70 Ohio.St.3d 54, 58, 636 N.E.2d 319. The Ohio Supreme Court has held that "[i]n order to require a hearing on a motion to suppress evidence, the ...

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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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