Author Archives: Robert Walton, Esq.

Beware of Recent Conflicting Case Law Regarding Proving Prior OVI Convictions at Trial

Posted on July 22, 2025 by Robert Walton, Esq.

Since 1987, Supreme Court precedent has held that a charge of a third OVI in ten years in violation of R.C. 4511.19(A)(1) does not elevate the degree of the offense, nor are the prior convictions an element of the offense, which must be proven at trial.  The prior convictions enhance the penalties only. In State […]

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Driving Under Suspension Cases Can Have Very Serious Collateral Consequences

Posted on September 11, 2024 by Robert Walton, Esq.

In State v. Hale, 3d Dist. Marion County, 2023-Ohio-980, Hale was in big trouble, but this note is not about that. Hale’s aggravated vehicular homicide charge was elevated to a F1 because it was alleged that he was, at the time of the offense, “…driving under a suspension…imposed under Chapter 4510 or any other provision […]

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Proof of Prior OVI When Prior an Element Under RC 4511.19(A)(2)

Posted on January 28, 2024 by Robert Walton, Esq.

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

Posted on October 16, 2023 by Robert Walton, Esq.

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

Posted on July 27, 2023 by Robert Walton, Esq.

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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