Tag Archives: kettering

Determining Probable Cause For An OVI Offense

probable causeA warrantless arrest must be supported by probable cause in order to be constitutionally valid. State v. Timson, 38 Ohio St.2d 122, 67 Ohio Op.2d 140, 311 N.E.2d 16 (1974).  In order to make a finding that probable (more likely than not) cause existed the court must look at the totality of the circumstances surrounding the arrest. State v. Miller,  117 Ohio App.3d 750, 691 N.E.2d 703 (11th Dist. Court of Appeals 1997), State v. Brandenburg, 41 [Read the full post. . .]

Ohio DUI Crackdown Begins Today!

ohio duiYou can expect a major increase in Ohio DUI enforcement beginning today.  Operation “Drive Sober or Get Pulled Over” will put 99 law enforcement agencies on our roads with over 8,400 hours of extra enforcement that will run through Labor Day.  The national Drive Sober or Get Pulled Over crackdown is a program organized by the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) and focuses on combining high-visibility enforcement with heightened public awareness through advertising and publicity. [Read the full post. . .]

First Offense Kettering OVI – What Is Going To Happen To Me?

Kettering OVIfirst offense Kettering OVI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years.  A first offense OVI can be charged in three ways.  The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)).  These types of offenses are also referred to as “per se”  violations.  A second way to be charged is for violating the high-tier provision of Ohio’s OVI law.  Ohio has also created [Read the full post. . .]

A Motion To Suppress Is Vital In An Ohio DUI Case

motion to suppressIn 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 [Read the full post. . .]

It Is The Anniversary Of The Parking Ticket

parking ticketSeventy nine years ago this month, the Reverend Charles H. North of the Oklahoma Third Pentecostal Holiness Church became the first person to every receive a parking ticket.  The controversial “Park-O-Meter” had been installed in the prior weeks and caused a stir amongst the residents.

According to his grandson Dwight Thurmond the parking citation was issued after his grandfather rooted through his coat for the required nickel.  Finding none, he trudged over to the nearby grocery store to get [Read the full post. . .]