Legal Blog & Information

Duration and Scope of a Search using Drug Dogs in a Columbus, Ohio OVI Stop

Generally speaking, officers have probable cause to search a vehicle when a trained narcotic dogs gives alert to the presence of drugs.  This has been held in the decision State v. Lopez and was an appeal was not allowed. Therefore, it has been held that when stopped for an OVI and a trained drug dog detects… read more

The Duration of the Detainment after a Columbus, Ohio OVI Stop

It is very common for an arresting officer to detect the odor of an alcoholic beverage soon after a stop for a Columbus, Ohio OVI / DUI.  This presence of an “odor” is used to justify the further detainment in an OVI stop and typically leads to the administration of the standardized field sobriety tests…. 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

Columbus OVI Checkpoints.

Roadblocks and check points have become more common in the detection of Columbus, Ohio OVI cases.  They are considered to be stops and thereby trigger the Fourth Amendment.  However, there are a number of factors that must be balanced. The validity of checkpoints must be determined on a case by case basis by evaluating the… 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

Investigatory Stop / Random Plate Check.

An officer does NOT need specific and articulable facts warranting suspicion of a Columbus, OVI in order to run your license plate through a random check.  If that random check leads to a positive reasonable suspicion of criminal activity such as; driving under suspension, or a warrant…the officer will have the authority to justify an… 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

The Investigatory Stop In A Columbus, Ohio OVI Case.

An investigatory stop may also be known as a “Terry” stop. This allows an officer to stop a vehicle when he or she has a “reasonable suspicion” based on specific “articulable facts” that an offense has been or is being committed. This is a subjective standard measured by a totality of the circumstances test. So,… read more

The Arraignment Process

Being charged with an OVI in Franklin County will most likely result in your arraignment being held at 375 S. High St. in downtown Columbus. If you have been released on a bond, your arraignment will be conducted in room 4C. If you or a loved one is still “locked up” , the arraignment will… read more

Does an Officer have the Right to Stop Me in a Columbus, Ohio OVI Case?

If you are stopped for a traffic violation, the 4th and 14th Amendment are applicable since it has been deemed a “seizure” under Ohio case law. Thus, there is a certain standard that an officer must meet when making a traffic stop. Thus, the officer must have probable cause to stop a vehicle or at… read more