11 posts categorized "DUI/OVI "

ZDL wins suppression hearing in Cleveland Municipal Court, leading to dismissal of client's charge of operating a motor vehicle while under the influence of alcohol and felony charge of improper handling of firearm in a motor vehicle

Posted by Zukerman on Monday, June 3, 2013

In State of Ohio v. Abang, 2011 TRC 051756, a State Trooper initiated a traffic stop on client's vehicle after observing that client's vehicle did not have a front license plate. The Trooper testified that he detected a strong odor of an alcoholic beverage on client's breath and that client's... Continue reading "ZDL wins suppression hearing in Cleveland Municipal Court, leading to dismissal of client's charge of operating a motor vehicle while under the influence of alcohol and felony charge of improper handling of firearm in a motor vehicle " …

ZDL convinces Cleveland Judge that State Trooper lacked probable cause to arrest client for Operating a Motor Vehicle While Under the Influence of Alcohol (OVI), obtains dismissal of client's charges of OVI and Possession of Marijuana

Posted by Zukerman on Monday, June 3, 2013

In City of Cleveland v. Cooper, 12 TRC 058302, ZDL obtained a dismissal of client's operating a motor vehicle while under the influence of alcohol ("OVI") and possession of marijuana charges. State Trooper stopped client for not having his headlights on. Upon approaching client, Trooper testified that he detected the... Continue reading "ZDL convinces Cleveland Judge that State Trooper lacked probable cause to arrest client for Operating a Motor Vehicle While Under the Influence of Alcohol (OVI), obtains dismissal of client's charges of OVI and Possession of Marijuana" …

ZDL wins suppression hearing in Cleveland OVI case, client's breath test result and field sobriety tests suppressed, OVI charges dismissed by prosecutor

Posted by Zukerman on Monday, June 3, 2013

In City of Cleveland v. Guider, 2012 TRC 044131, ZDL represented an individual who was charged with two counts of operating a motor vehicle while under the influence of alcohol "OVI" in violation of City of Cleveland Ordinances 433.01A1 (basic OVI charge) and 433.01A4 (OVI charge relating to a breath... Continue reading "ZDL wins suppression hearing in Cleveland OVI case, client's breath test result and field sobriety tests suppressed, OVI charges dismissed by prosecutor " …

ZDL wins suppression hearing and obtains dismissal of client's OVI charges in Medina Municipal Court

Posted by Zukerman on Tuesday, February 26, 2013

In State v. Klein, Case No. 12 TRC 04904, a defendant was charged with a third OVI offense within six years and faced various penalties including a mandatory minimum sentence of sixty (60) days in jail. ZDL filed a motion to suppress in which they argued that the state trooper... Continue reading "ZDL wins suppression hearing and obtains dismissal of client's OVI charges in Medina Municipal Court" …

Twelfth District Court of Appeals hands state a victory in admission of Intoxilyzer 8000 results, but more challenges are certain to follow

Posted by Zukerman on Wednesday, July 11, 2012

In a unanimous opinion published yesterday, the Twelfth District Court of Appeals sided with the state and ruled that the results of a blood alcohol test performed by an Intoxilyzer 8000 may be admitted at trial against the defendant. In State v. Kormos, the Court reversed a municipal court’s decision... Continue reading "Twelfth District Court of Appeals hands state a victory in admission of Intoxilyzer 8000 results, but more challenges are certain to follow" …

Challenge to Intoxilyzer 8000 rejected in Cuyahoga County, but issue is far from settled

Posted by Zukerman on Thursday, June 28, 2012

Cuyahoga Common Pleas Court Judge Brendan J. Sheehan recently rejected a challenge to the controversial Intoxilyzer 8000 BAC testing machine, but the issue of the device’s reliability is far from settled. Trial court judges from across the state have expressed concerns over the 8000’s operation, and the Twelfth District Court... Continue reading "Challenge to Intoxilyzer 8000 rejected in Cuyahoga County, but issue is far from settled" …

OHIO'S SENATE BILL 77: A NATIONAL MODEL OF REFORM

Posted by Zukerman on Tuesday, March 20, 2012

BY S. MICHAEL LEAR On April 5, 2010 Senate Bill 77, a comprehensive criminal justice reform package, was signed into law. SB 77 stemmed from a joint project between the Ohio Innocence Project and the Columbus Dispatch and the passage thereof was the culmination of the efforts of many individuals,... Continue reading "OHIO'S SENATE BILL 77: A NATIONAL MODEL OF REFORM" …

THE HOOVER / SB 17 DILEMMA: Advising the OVI client in the age of forceable blood draws and criminalized refusal

Posted by Zukerman on Tuesday, March 20, 2012

BY S. MICHAEL LEAR, ESQ The phone rings in the middle of the night and your client is calling from a police department with an urgent questions: he or she has been arrested for Operating a Vehicle Under the Influence (OVI) and asks whether he or she should take the... Continue reading "THE HOOVER / SB 17 DILEMMA: Advising the OVI client in the age of forceable blood draws and criminalized refusal" …

Ohio Criminal Background Check Requirements for Educational Institution Employees: Part 2

Posted by Zukerman on Tuesday, March 20, 2012

OHIO CRIMINAL BACKGROUND CHECK REQUIREMENTS FOR INDIVIDUALS EMPLOYED BY EDUCATIONAL INSTITUTIONS: PART II: BACKGROUND CHECKS FOR TEACHERS AND OTTHER LICENSED SCHOOL EMPLOYEES The following article is the second in a two-part series concerning criminal records check requirements imposed by the State of Ohio for employees of educational institutions. The first... Continue reading "Ohio Criminal Background Check Requirements for Educational Institution Employees: Part 2" …

Employees of Educational Institutions Background Check Requirements: Part 1

Posted by Zukerman on Monday, March 19, 2012

In representing individuals who are employed by educational institutions, it is critical to understand the criminal background checks required by Ohio law and the consequences of non-compliance. When considering this issue and representing these individuals, you must keep in mind that Ohio law divides employees of educational institutions into 2... Continue reading "Employees of Educational Institutions Background Check Requirements: Part 1" …