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 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" …
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" …
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" …
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 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...
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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" …
IF THE APPLICANT HAS BEEN CONVICTED OF AN OFFENSE THAT IS ELIGIBLE FOR REHABILITATION, HE OR SHE MUST MEET THE REHABILITATION CRITERIA SET FORTH BELOW BEFORE THE STATE BOARD CAN ISSUE AN INITIAL LICENSE AND/OR A DISTRICT MAY EMPLOY THE APPLICANT: (A) At the time of the offense, the victim...
Continue reading "How Convictions Affect State Licensure: Ohio Rehabilitation Criteria" …
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