Tag Archives: vandalia ohio ovi

Save Your CDL (by DaytonDUI)

I Fight For Commercial Drivers Ohio Revised Code 4506.16 sets for the ways that you can be disqualified or lose your commercial driver’s license. 4506.16(D)(5) If you are convicted of two “serious traffic violations” within a three (3) year period, your commercial driver’s license will be suspended for sixty (60) days. 4506.16(D)(6) If you are…
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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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Judges To Consider Military Service At Sentencing

Ohio appears ready to pass a requirement that judges consider a persons' military service when deciding a sentence in a criminal case.  Sub. S.B. 330, proposed by Senator Joe Schiavoni would apply to both misdemeanor and felony charges. "They have been through things that most of us haven't," Schiavoni said. "It's so, so important we consider…
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MADD’s Legislative Agenda Moving Forward

As we have long warned in this blog, MADD and its allies in government are working hard to implement harsh measures that will test every person who gets into a car without their consent for alcohol impairment.  Yesterday,  the National Transportation Safety Board has officially urged every state to "require all convicted drunken drivers, including first-time…
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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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OVI Case Update: State v. Bayer, 2012-Ohio-5469

The question raised in State v. Bayer involved whether or not a person can be sentenced for OVI (O.R.C. 4511.19) if that person is also convicted of Aggravated Vehicular Assault (O.R.C. 2903.08) arising from the same incident.  Crimes that involve similar activity are often merged for purposes of sentencing.  The merger turns on whether or not the…
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Showing Proof of Insurance (by DaytonDUI)

Ohio law requires all license holders to carry insurance on the vehicles they drive—and requires the Clerk’s Office to report the status of your insurance when you are cited to the Ohio Bureau of Motor Vehicles. If you do not submit the required proof, your driver's license will be suspended and you may be subject…
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Lawyer Up! Invoke Your Right To Remain Silent (by DaytonDUI)

The Fifth Amendment to the U.S. Constitution provides that no person shall be compelled in any criminal case to be a witness against himself.  At trial, the prosecution can neither call the defendant as a witness, nor comment on the defendant's failure to testify.  Whether to testify or not is exclusively the privilege of the…
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5th District Upholds Sobriety Checkpoint (by DaytonDUI)

In the recent case of State v. Park, 2012-Ohio-4069, the 5th District Court of Appeals sided with troopers in their administration of a sobriety checkpoint.  The Court found against Defendant’s Karen Parks claim that she was wrongfully stopped at a Licking County sobriety checkpoint because the troopers lacked reasonable suspicion of criminal activity and did…
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OSP Announces Increased Holiday Patrols

Today, the Ohio State Highway Patrol released two press releases announcing they will be out in force this holiday season.  You may have noticed the ubiquitous "Drive Sober or Get Pulled Over" commercials and increased law enforcement presence along our roadways. Through December 11, troopers have arrested 1,383 more drivers for OVI than during the same…
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