Defenses

Driving While Under the Legal Limit

The legal limit of blood alcohol concentration (BAC) for driving is 0.08%. But, even if a person has a legal BAC, the alcohol still has an effect on the person’s ability to drive. This may be referred to as “buzzed” driving. Further, an individual may still be arrested for suspicion of operating a vehicle under… read more

Proof of Insurance in Ohio

For an individual convicted of operating a vehicle under the influence of alcohol (OVI), there are many requirements that must be met, like appearing in court and paying a significant fine. Another requirement relates to providing proof of financial responsibility. Requirement of All Ohio Drivers Under Ohio law, all drivers must have proof of financial… read more

Ohio’s Implied Consent Law

If you are a driver in Ohio, it is important to be aware of the implied consent law related to operating a vehicle while under the influence. In the unfortunate event that you are arrested for suspicion of drunk driving, having knowledge of the implied consent law can be beneficial. Meaning of Implied Consent Under… read more

Drinking and Driving when Under 21 in Ohio

Though consuming alcohol while under the age of 21 is illegal, it is a well-known fact that it happens every day around the country. Underage drinking becomes much more serious when it is coupled with driving. As a result, Ohio (like many states) treats underage drinking and driving differently than adult drinking and driving. It… read more

Multiple OVIs Mean Trouble for Columbus Man

Logan County resident Ronald Burk has found himself in a troublesome circumstance after being arrested for OVI twice in less than two hours. Sgt. John Godwin of the Logan County Sheriff’s Office pulled Mr. Burk over after observing him hit the curb at a Wal-Mart with his truck as he exited the Wal-Mart’s parking lot…. read more

Odor of Marijuana During a Columbus, Ohio OVI / DUI Arrest

It has been held by Ohio courts that the smell / odor of marijuana provides the reasonable suspicion of illegal drug activity that can justify in further detainment of a vehicle.  This would include calling for a drug dog as discussed in the last weeks blog.   Further, it has also been held that the… read more

Duration and Scope of a Stop for an OVI / DUI in Columbus, Ohio

When an officer stops a vehicle for a traffic offense, he or she is allowed to detain the vehicle for a sufficient amount of time to investigate the reason for the initial stop. Generally speaking, the time is that to which it necessary to effectuate the stop, write a ticket,or give a warning.  This would… read more

Stopping A Stationary Vehicle In A Columbus, Ohio OVI Case.

There have been cases where a person is found behind the wheel of stationary vehicle and has been convicted of OVI because there conduct is sufficient to justify operation of the vehicle. The issue in these cases is whether the officers conduct was constitutionally authorized.  The stop must fall into one of the following categories:… read more

Stopped For A Columbus, Ohio OVI Based On An Informants Tip?

An informants tip can come in a variety of ways if you are stopped for a Columbus, Ohio OVI.  The first may be a phone call to 911.  The dispatcher will generally ask the callers location and for a description of the vehicle and its license plate number.  The tip may come from the Ohio… read more

Breath Test Defenses!

If you are arrested for a Columbus, OH DUI / OVI and submit to a breath test – the prosecutor now may have some strong evidence against you. In Ohio, it is illegal to operate a motor vehicle with a breath test that is .08 or greater at the time of operation. The law provides… read more