Tag Archives: reasonable and articulable suspicion

The Ohio “Clear and Convincing Evidence” Standard

Clear and Convincing Evidence is required for the standardized field sobriety tests to be admitted. Ohio Revised Code 4511.19(D)(4)(b) sets forth the standards for admissibility of the results of field sobriety tests in OVI (drunk driving) prosecutions.  See State v. Bozcar, 113 Ohio St. 3d 148, 2007-Ohio-1251, 863 N.E.2d 115 (2007).  In order for the tests to be…
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What Are (And What Are Not) Standardized Field Sobriety Tests

The dream of implementing Standardized Field Sobriety Tests has long been a goal of law enforcement.  Extensive government testing was begun in the 1970's to determine a scientifically valid way of helping police officers detect intoxication in drivers under suspicion of drunk driving.  Prior to this undertaking, officers were doing their best to gather evidence of…
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Marked Lanes Violations & Traffic Stops

When can a police officer make a stop for a marked lanes violation? In State v. Houck, 2011-Ohio-6359, Ohio's Fifth Appellate District considered the legal standards required to stop a person for a marked lanes violation. See O.R.C. 4511.33 “In Ohio, when a driver commits only a de minimis marked-lanes violation, there must be some…
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License Plate Light Not Illuminated (O.R.C. 4513.05)

In Ohio, it is illegal to operate a motor vehicle without a white light illuminating the rear registration plate. See O.R.C. 4513.05.  This law is often used as a pretext for a traffic stop which allows the officer to come into contact with the motorist.  Here is a full text of the law.  4513.05 Tail…
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Nonstandardized Field Sobriety Tests

Ohio has adopted the three-test field sobriety protocol as set forth in the National Highway Traffic Safety Administration (NHTSA) manual for training law enforcement officers.  The three tests adopted by NHTSA all survived scientific scrutiny as being indicative of impairment.  The tests are: (1) horizontal gaze nystagmus, a test of the subject's eyes; (2)  walk…
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The Problems With Portable Breath Tests (by DaytonDUI)

In possibly the best article you will ever read on portable breath testing, DUI attorneys Justin McShane and Josh Lee describe the portable breath test devises which are used by the Ohio State Highway Patrol as a "potentially dangerous, non-specific and non-selective measures at roadside."  You can find the article HERE and in the Voice…
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Is The Smell Of Alcohol Enough To Justify Field Sobriety Testing?

Some Ohio courts have upheld determinations that the mere presence of a moderate to strong odor of alcohol, coupled with a proper initial stop, is sufficient to justify the administration of field sobriety tests. See, e.g., State v. Tackett, 2d Dist. No. 2011-CA-15, 2011-Ohio-6711 (“[t]his court has, however, repeatedly held that a strong odor of…
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Ohio OVI: Standardized Field Sobriety Tests & Marijuana

State v. Dixon, 2007-Ohio-5189 (Ohio Ct. App. 12th Dist. Clermont County 2007). More and more, we are seeing law enforcement officers arrest drivers on suspicion of operating a vehicle under the influence of marijuana.  Often, an officer will request a urine test for marijuana after a defendant has blown substantially under the per se alcohol…
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Stop & Sniff Case Law Update (by DaytonDUI)

In Kirtland Hills v. Medancic, 2012-Ohio-4333, a recent case out of the Eleventh District Court of Appeals, the Court reaffirmed the principle that just because a police officer smells alcohol on a driver does not mean that the police officer has reasonable and articulable suspicion to continue the detention of the driver and/or remove that driver to administer…
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