Category Archives: OVI

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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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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SPEEDY TRIAL CHEAT SHEET

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

SPEEDY TRIAL CHEAT SHEET for Criminal Defense Attorneys and Prosecutors. By Chris Greene, Esq. with assistance from Robert Walton, Esq. (5-11-21)

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