Tag Archives: Ohio Supreme Court

Admitting OVI Blood Tests Made Easier By Ohio Supreme Court

In State v. Baker, Slip Opinion No. 2016-Ohio-451 the Ohio Supreme Court ruled on the admissibility of a blood sample in a case where a trooper left the sample unrefrigerated in his patrol car for over four (4) hours.  The Ohio Supreme Court opinion reversed a lower court decision that ruled because the state did not strictly…
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Ohio Supreme Court Address Juvenile Prior OVI Offenses

In State v. Bode, 144 Ohio St.3d 155, 2015-Ohio-1519, the Ohio Supreme Court decided an issue affecting juveniles and the ability of the state to enhance a DUI charge based on prior juvenile adjudications. As a juvenile, the defendant was arrested for violating an equivalent offense 4511.19(A)(1)(a), colloquially referred to as a DUI charge. He…
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DUI Case Law Update: State v. Ilg

DUI case law update: State v. Ilg, Slip Opinion No. 2014-Ohio-4258 For most of my career I have had to deal with a tremendous disadvantage in DUI cases.  In 1984, the Ohio Supreme Court decided State v. Vega, 12 Ohio St. 3d 185, 465 N.E.2d 1303 (1984) which was interpreted to prevent an attack on the…
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Ohio DUI Law R.C 4511.19(A)(2) “a codified dilema”

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…
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A Motion To Suppress Is Vital In An Ohio DUI Case

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…
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