Many states, including Ohio, criminalize the refusal to submit to alcohol testing after being arrested for DUI. The United States Supreme Court, in ruling mandatory DUI blood tests unconstitutional, imposed severe limits on such state laws.
Individual Rights And Liberties Are More Important Than Getting Tough On Crime
This case sends a message to get tough on crime advocates: citizens' personal liberty cannot be infringed in the name of enforcing criminal laws. The United States was formed on the notion of individual rights and freedoms. The U.S. Supreme Court reminded us of this fact in its decision.
Ohio Supreme Court Declares Repeat OVI Offender Specifications Constitutional
In 2016, the Ohio Supreme Court found the repeat OVI offender specifications constitutional. The accused challenged the Ohio DUI sentencing laws as unconstitutional because they violated equal protection of the law. The Ohio Supreme Court did not agree with that argument.
On February 10, 2016, the Ohio Supreme Court issued a decision on DUI blood testing requirements. In this latest case
, the Ohio Supreme Court had to decide if the police substantially complied with the Department of Health regulations. The substantial compliance standard was created by the Ohio Supreme Court years ago. Some argue that the substantial compliance standard provides rational flexibility while others argue that it allows court to ignore serious forensic errors by the police.
If you do not like the ruling at trial, you may have Ohio appeal rights, which is the right to appeal the trial court’s decision.
Ohio Appeal Rights To Appeal The Magistrate
If the trial or hearing was heard by a magistrate, you have the right to appeal the magistrate. If the magistrate issued an order, you have the right to ask the judge to set the order aside. This must be filed within ten days of the order. Filing this motion does not automatically stop the order from taking effect. If the magistrate issued a decision, you have the right to object to the decision. The objection automatically stops enforcement of the decision. Unfortunately, this includes the parts you may like along with the parts to which you have objections. The objection must be filed within fourteen days of the filing of the magistrate’s decision.
Can an Ohio police officer arrest someone outside their jurisdiction? A police officer cannot arrest someone for a crime committed outside of their jurisdictional limits. The question is what their jurisdictional limits are. The state highway patrol and sheriffs or their deputies have the power to make arrests for violations on all state highways, but only for certain listed offenses. Generally, all other police officers are limited to the area they were elected or appointed to serve. Township police officers who are not commissioned peace officers cannot enforce traffic laws on any state highway. Commissioned peace officers serving a township with a population of 50,000 or less cannot exercise their powers on interstate system highways. Out of town officers hired or appointed by the local department have authority in that area for that limited time.
If the owner of a vehicle knew at the time he or she allowed the driver to operate a vehicle that the driver was unqualified to operate the vehicle, the owner could be liable for negligent entrustment, also known as wrongful entrustment of motor vehicle. Ohio law
states that the owner of a vehicle shall not allow one to drive their vehicle if they know or have reasonable cause to believe that the person: does not have a valid driver’s license; has a suspended driver’s license; or is under the influence of alcohol or drugs. The code lists some more obscure reasons, which can be found here
. When the owner and driver live in the same household and are related to each other, the law assumes that the owner knows that the household member’s driver’s license is invalid.
A driver’s license is not needed for non-motor vehicles in Ohio. A motorized bicycle is not a motor vehicle
. Trailers towed at twenty-five miles per hour or less is not included in the definition of motor vehicles. A motorized bicycle is “any vehicle that either has two tandem wheels or one wheel in the front and two wheels in the rear, that is capable of being pedaled, and that is equipped with a helper motor of not more than fifty cubic centimeters piston displacement that produces no more than one brake horsepower and is capable of propelling the vehicle at a speed of no greater than twenty miles per hour on a level surface. A motorized bicycle does not become a motor vehicle unless it is pulling a trailer.
The Ohio Supreme Court, in State v. Dunn
, ruled that the police can make a warrantless stop to give emergency aid. In this case, the officer received a radio dispatch that there was a suicidal male driving a tow truck who was planning to kill himself. Although the officer did not observe any traffic violations, the vehicle stop was upheld by the Ohio Supreme Court. The Ohio Supreme Court said that the stop was justified under a community caretaking or emergency aid exception to the Fourth Amendment’s restrictions for warrantless searches and seizures. Because police have a duty “to provide emergency services to those who are in danger of physical harm” such stops will often be held to be valid. This exception eliminates the need to show a reasonable basis to rely on the accuracy of a tip
, as that standard only applies to investigating suspected criminal activity.
What do you do if you have a suspended driver’s license in Ohio? The solution starts with determining what event caused the driver’s license to be suspended. Once the cause is determined, one may be able to figure out the reinstatement requirements. It is also important to know what can happen if one is convicted of driving under a suspended driver’s license. Ohio BMV’s website can be found on my links page
, along with a number of other important links.
How does one’s driver’s license get suspended in Ohio? A judge can order the suspension as part of your sentence for a crime. Such crimes include drug possession, drug trafficking, possession of drug paraphernalia, OVI, hit-skip, fleeing and eluding, or driving under suspension. The Ohio Bureau of Motor Vehicles (BMV) imposes suspensions for failure to show proof of insurance either during a traffic stop or after random selection by the BMV to show proof of insurance. This suspension is known as a non-compliance suspension and is covered under Ohio’s Financial Responsibility Act.