Category Archives: Traffic

DUS Requires Movement

Posted on October 6, 2022 by Robert Walton, Esq.

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 […]

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Providing a Good Defense – Obtaining Discovery and Public Records

Posted on August 23, 2022 by Robert Walton, Esq.

One of the things Phil Korey taught me is perseverance in investigating a criminal case.  A part of that is making full use of Crim. R. 16, due process, the Public Records Act and our intuition. Crim R. 16. It’s always good to review what must be provided by the state in response to a […]

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Reasonable Suspicion to Make a Traffic Stop Based on a Tip and an Officer’s Observations

Posted on September 9, 2021 by Robert Walton, Esq.

By Robert G. Walton Esq. and Danielle Muster, his law clerk. On June 24, 2021, Supreme Court of Ohio decided State v. Tidwell, Slip Opinion No. 2021-Ohio-2072, which stemmed from a motion to suppress in an OVI case. Early in the opinion the Court stated that the principal issue was whether a police officer had […]

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Lange v. California: “No Categorical Warrantless Search Exception” Where Misdemeanant Flees into Home

Posted on September 7, 2021 by Robert Walton, Esq.

By Robert G. Walton Esquire and Danielle Muster, his law clerk. On June 23, 2021, the United States Supreme Court handed down a decision in Lange v. California, 594 U. S. ____(2021). The principal issue was whether the pursuit of a fleeing misdemeanor suspect categorically qualifies as an exigent circumstance justifying a warrantless entry into […]

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OBMV License Reinstatement Fee Amnesty Chart For Traffic Defense Attorneys

Posted on June 9, 2021 by Judge Deborah J. Nicastro

The Ohio Access to Justice Foundation has printed this infographic to explain the OBMV License Reinstatement Fee Debt Reduction and Amnesty Program. Click here DLreinstateInfographic. 

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