October 14, 2013 | Defenses, OVI / DUI Law

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

October 10, 2013 | OVI / DUI Law

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

September 18, 2013 | OVI / DUI Law

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

September 5, 2013 | OVI / DUI Law

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

August 21, 2013 | OVI / DUI Law

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

July 29, 2013 | OVI / DUI Law

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

July 22, 2013 | OVI / DUI Law

A motion to suppress evidence in a Columbus, Ohio OVI case can be the crux of any case. The motion will challenge many issues relating to the State’s case. Among the issues that may be challenged include: whether the officer had the right to stop you; whether the officer had an articulable reasonable suspicion of… read more

July 4, 2013 | Defenses, OVI / DUI Law

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

June 18, 2013 | Court Procedure, Defenses, OVI / DUI Law

A motion to suppress evidence will first have to be filed by your Columbus DUI or OVI Lawyer. If your case does not reach a satisfactory plea deal, the motion to suppress is the best way to determine what evidence will come in at trial. In addition, it is an opportunity to ask the cop… read more

May 16, 2013 | Driving Privileges, OVI / DUI Law

The law in Ohio provides for limited driving privileges when you are under a suspension for a DUI. You are eligible for privileges after any hard suspension time. Once eligible, you can get privileges for the following reasons: Occupational, Educational, Medical, and Vocational. Part 4 of this blog series is devoted to clients who ask… read more