Author Archives: Robert Walton, Esq.

Challenging Admissibility and Weight of BAC and SFST Results

Posted on September 9, 2020 by Robert Walton, Esq.

Challenging Admissibility and Weight of BAC and SFST Results Just because the results of a breath or blood alcohol concentration test and/or the results of Standardized Field Sobriety Tests (SFST’s) are determined to be in substantial compliance under their respective statutory exclusionary rules does not mean that the admissibility of such results cannot be challenged […]

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What Happened to BMV Random Selection Suspension?

Posted on August 18, 2020 by Robert Walton, Esq.

The BMV used to mail out random letters to Ohio drivers requiring them to provide current proof of financial responsibility.  If the driver failed to respond or did not have proof of financial responsibility the first time, his license was suspended until he filed an SR-22 certificate and paid a $150.00 reinstatement fee.  By a […]

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The Reasons Why A Search Warrant Is Required To Obtain Blood-Alcohol Test Records From A Hospital

Posted on July 23, 2020 by Robert Walton, Esq.

Submitted by Co-Authors Robert G. Walton and Gretchen Ebner The Relevant Evidentiary Statutes R.C. 4511.19(D)(1)(a) provides, in part, that in a criminal prosecution for a violation of R.C. 4511.19(A)(1)(a) or its equivalent (impaired driving) the result of any test of any blood withdrawn and analyzed by a health care provider may be admitted with expert […]

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What You Need to Know about BMV Security Suspensions.

Posted on July 15, 2020 by Robert Walton, Esq.

Failure to comply with R.C. 4509.06 by providing proof of financial responsibility after an accident results in a non-compliance suspension but also a separate security suspension. The BMV sends the non-compliant person a notice that he is required to make a security deposit to the BMV in an amount of the estimated injury or property […]

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What You Need to Know About BMV Non-Compliance Suspensions. 

Posted on June 18, 2020 by Robert Walton, Esq.

What is a non-compliance suspension? A non-compliance suspension is imposed by the BMV under R.C. 4509.101. A person cannot operate or permit the operation of a vehicle unless proof of financial responsibility (FR) is maintained for that vehicle. If the driver of the vehicle does not own it, he or the owner must have coverage […]

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