Category Archives: OVI

Miranda Custody

Posted on December 29, 2020 by Robert Walton, Esq.

Often, a person who has been detained (Terry stop, traffic stop) is “in custody ” for Miranda purposes before a formal arrest occurs. That is important because the procedural safeguards adopted by Miranda become necessary once a defendant is taken into custody.

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A Template-Motion in Limine to Exclude Evidence of a Chemical Test Refusal from Being Heard by a Jury

Posted on November 24, 2020 by Robert Walton, Esq.

In cases where the facts make it appropriate, the following sets forth a framework for excluding evidence of a refusal as proof of guilt in an OVI case and as proof of the element of refusal in an OVI-refusal with a prior OVI in the past 20 years case.

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Limiting Evidence of Observations of Defendant’s Actions During Improperly Administered Wat and OLS

Posted on October 30, 2020 by Robert Walton, Esq.

 State v. Homan, 89 Ohio St.3d 421, R.C. 4511.19(D)(4), and State v. Schmitt, 101 Ohio St.3d 79 piece together when the state can introduce evidence (through testimony and video) concerning the results of standardized field sobriety tests (SFST’s) in any criminal prosecution for OVI.  Simply stated, the standard for consideration of the results on the […]

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The ALS Appeal Is Important

Posted on October 1, 2020 by Robert Walton, Esq.

One of the primary concerns of a person who has been arrested for OVI is the administrative license suspension (ALS) imposed against the driver’s license for refusing or “failing” a chemical test. The ALS is authorized under R.C. 4511.191, Ohio’s “Implied Consent” statute. This post is meant to generate some ideas, through the use of advocacy and […]

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The Statutory Definition of “Operate” Applies to Operating Under the Influence and Operating Under a License Suspension

Posted on August 6, 2020 by Judge Deborah J. Nicastro

The First District Court of Appeals recently established that the same statutory definition of “operate” applies to both OVI and DUS. R.C. Title 45 governs motor vehicles. The entire title contains only one definition of the word “operate”. That definition is found in R.C. 4511.01 (HHH). According to the introductory language to the definitions in […]

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