Posts by Brownlaw

Brown Law Office OVI/DUI News The Ninth District Court of Appeals recently addressed the reasonable suspicion an officer must possess in OVI cases before requiring a motorist to submit to Field Sobriety Tests to determine whether they are impaired.  In State v. Todd, the Ninth District reiterated its holding in State v. Wood, 2019-Ohio-3985, that…

Wooster, Ohio OVI/DUI attorneys The Ninth District Court of Appeals recently held that a trial court does not commit error in an OVI case by refusing to accept a defendant’s offer to stipulate to a prior OVI offense in a prosecution for a violation of R.C. 4511.19(A)(2).  In prosecutions under R.C. 4511.19(A)(2), the State is…

Wooster, Ohio criminal attorney The Ohio Supreme Court recently clarified a driver’s duty under R.C. 4549.02(A)(1) before leaving the scene of an accident.  In State v. Bryant, 2020-Ohio-1041, the driver was charged with criminal offense of leaving the scene of an accident because he left the scene prior to a police officer arriving.  However, the…

Wooster, Ohio criminal attorney The Ohio Supreme Court recently issued an opinion on the standard for the admission of expert testimony in criminal cases.  The Court held that pursuant to Ohio Rule of Criminal Procedure 16(K), it is error to admit expert testimony in a criminal case unless the opinions testified to by the expert…

Brown Law Office Criminal Law News The Ninth District Court of Appeals recently reiterated that a trial court can impose a non-procreation condition as a condition of probation in a felony n0n-support criminal case.  The Ninth District rejected the defendant’s constitutional challenge to the non-procreation condition.  A link to the decision can be found here.…

Brown Law Office Criminal Law News The Ninth District Court of Appeals recently addressed an important issue that is applicable to juvenile criminal cases.  In State v. Grant, 2019-Ohio-3561, the Court addressed whether the Ohio Court of Common Pleas general division judge is required to remand a criminal case involving a juvenile that was transferred…

Brown Law Office OVI/DUI News The Ninth District Court of Appeals recently addressed what constitutes probable cause to arrest in an OVI/DUI case.  In State v. Hostetler, 2019-Ohio-3413, the Court reviewed whether the officer had sufficient cause to arrest a motorist for OVI/DUI.  In Hostetler, the motorist had committed a driving infraction but did not…

Brown Law Office OVI/DUI News The Ninth District recently reaffirmed in State v. Moore, 2018-Ohio-5223 that an individual does not have a reasonable expectation of privacy in their license plates.  Thus, officers are permitted to conduct random license plate checks.  This case could have implications in OVI/DUI cases that involve random license plate checks.  A…

Brown Law Office Criminal Law News The Ninth District Court of Appeals recently held in State v. Hitsman, 2018-Ohio-5315, that a criminal defendant cannot challenge the sufficiency of the evidence against him or her by way of a pre-trial motion to dismiss.  Interpreting Ohio Rule of Criminal Procedure 12, the Ninth District held that challenges…

Brown Law Office OVI/DUI News In a recent decision, the Ninth District Court of Appeals reiterated that trial courts are in the best position to determine an officer’s credibility.  In State v. Alexander, 2018-Ohio-4581, the defendant challenged the basis to stop his vehicle.  The officer testified that the defendant changed lanes without using his turn…