Ohio DUI law R.C. 4511.19(A)(2) enhances the penalty for a motorist who, having been convicted once in the last six (6) years, after having been arrested, refuses to take a blood, breath or urine test. In State v. Hoover,173 Ohio App.3d 487, 2007-Ohio-5773, the issue of whether or not a person can have a DUI sentence enhanced pursuant to R.C. 4511.19(A)(2) for refusing to take a chemical test was before the Ohio Supreme Court. The government sought to [Read the full post. . .]
In 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. . .]
Ohio employs a device called the Intoxilyzer 8000. This device has many problems in its operation. In fact, after a lengthy hearing on the Intoxilyzer 8000, a judge in Marietta ruled that the machine was not reliable [Story HERE]. Prosecutors hide behind a 1984 Ohio Supreme Court decision that said because [Read the full post. . .]
The Ohio Supreme Court ruled on a DUI Motion to Suppress issue in State v. Codeluppi, 2012-Ohio-5812.
In August of 2011, Officer Ryan M. Young of the North Ridgeville Police Department stopped Ms. Codeluppi on Lorain Road for driving 53 m.p.h. in a 35 m.p.h. zone. When Officer Young walked to the driver’s window of Ms. Codeluppi’s car, he smelled a strong odor of alcohol coming from the interior of the car. Following an investigation and administration of standardized [Read the full post. . .]
How can it be constitutional for the State to take my license immediately via the Administrative License Suspension?
Ohio believes that driving is not a right, but a privilege. See 4511.191 If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take [Read the full post. . .]