The Fifth Appellate District has ruled that the statutes and Evidentiary Rules mentioned above only apply to trial testimony against the Defendant. If the Defendant loses on his motion to suppress, and then pleads no contest, then no error has been committed if the police never actually testified in trial against the suspect.[1] This seems… Read More »
As you know from reading earlier posts on this site, if the arresting officer wants to be competent to testify against the suspect, the officer must be in the proper uniform of the day and must be in a marked police cruiser. But what actions by such officers constitute arrests? The case law is fraught… Read More »
The answer in Ohio is: “maybe.” the rule in Ohio is that in order for a police officer to be competent to testify against you in a court of law, if he was primarily on duty for the purpose of enforcing traffic laws, then he must be in the proper uniform of the day and… Read More »
In Ohio, the answer to this question is “maybe.” The first thing that should be noted is that for the officer to be found incompetent to testify, he must be out of uniform or in an unmarked car while he is Exclusively or Primarily On Duty for the purpose of enforcing the traffic laws. In… Read More »
The Ohio Rules of Evidence, specifically Evid. R. 601(C ) describes persons incompetent to testify in court proceedings. One of these incompetents is: An officer, while on duty for the exclusive or main purpose of enforcing traffic laws, arresting or assisting in the arrest of a person charged with a traffic violation punishable as a… Read More »
Ohio law requires its peace officers and highway patrol officers to drive around in marked cars and wear distinctive uniforms if they want to enforce the traffic laws of the State of Ohio. According to the Supreme Court, it was the intent of the General Assembly, in part, when it adopted the statutes, to curb… Read More »
In Ohio, the answer is, yes, sort of. Sometimes the officer will give you the citation for drunk driving without signing it. In issuing a properly completed traffic citation, Traf.R. 3(E) provides that the law enforcement officer “shall complete and sign the ticket, serve a copy of the completed ticket upon defendant, and, without unnecessary… Read More »
In Ohio, the answer is yes. It is just as illegal to operate watercraft while intoxicated as it is to drive on the roads while intoxicated. In fact, the laws regarding intoxicated watercraft operation mirror R. C. 4511.19.[1] No word yet on whether sleeping in a boat on a trailer in your garage while drunk… Read More »
In Ohio, yes. One would think that the real danger in driving while under the influence is the fact that it places the intoxicated person behind the wheel of a vehicle weighing several tons and capable of reaching speeds in excess of 100 miles per hour. But not too many bicycles weigh that much, nor… Read More »
If you are stopped for drunk driving and you take the test back at the station, and if you test over the .08 limit, the state will bring two charges against you, the first for being over the .08 limit, and the second for having enough alcohol in your system that your ability to drive… Read More »