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Author Archives: Robert Walton, Esq.
Proof of Prior OVI When Prior an Element Under RC 4511.19(A)(2)
Methods of Proof (if Defendant does not stipulate OR ADMIT) RC 2945.75(B) provides two methods, as follows: CERTIFIED copy of entry of judgment in prior conviction together with evidence sufficient to identify the defendant named in the entry as the offender in the current case. This method must comply with Ohio Crim. R. 32(C). The […]
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Notes on Chemical Test Evidence In OVI Cases
SAMPLES OBTAINED BY POLICE (BREATH, BLOOD AND URINE) Statutory Exclusionary Rule – R.C. 4511.19(D)(1)(b). Applicable in any criminal prosecution for OVI-Impaired, OVUAC, or OVI Per se. See also State v. Mayl, 106 Ohio St.3d 207, 2005-Ohio-4629, which clarifies it extends to all offenses which have OVI as an element. Court may admit evidence of the […]
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Car Searches Arising Out of Traffic Stops and the Voluntariness of Consent to Search
This post contains a summary and discussion of several cases that have shaped Fourth Amendment search and seizure law related to traffic stops and car searches: Robinette II and III– A lawful traffic stop ended. Was consent to search a car given during the subsequent unlawful detention voluntary and the product of free will? Caballes – […]
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New Speedy Trial Clock for New Charges Based on Lab Results
Andre Sanford was in a crash in October 2016. He struck a motorcycle, killing the driver and left the scene. An hour later he surrendered, admitted that he had been drinking and smoking weed, and submitted to a blood test. Sometime later the test results indicated a prohibited amount of marijuana metabolites in his system. […]
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DUS Requires Movement
Many years ago there was not a statutory definition of operate and court decisions broadly interpreted the meaning of the word in OVI and DUS cases to include being in a position to move a car with the keys in the ignition. About 20 years ago the legislature enacted a physical control statute and added […]