Today, the Ohio Supreme Court in State v. Barry, rejected the "Unmistakable Crime Doctrine," as it relates to the offense of tampering with evidence. The issue presented was whether a person who commits an obvious crime (i.e., an unmistakable crime) has constructive...
Year: 2015
Mason And Warren County Criminal Defense Law Blog
Inventory Search of your vehicle An inventory search of your vehicle by a law enforcement officer must be done "in accordance with reasonable standardized procedure(s) or established routine." While the procedures do not need to be in writing, the prosecutor must show...
Ohio man facing allegations of OVI after morning crash
Though operating a vehicle while impaired is a common criminal charge, each case is unique to the individuals involved. Therefore, drivers who have been charged with OVI will likely want to assess their individual situations and determine which ways to move forward...
Ohio Supreme Court Weighing The Weight Of Cocaine
The Ohio Supreme Court is currently considering a case that could have drastic implications for how the weight of drugs, and specifically cocaine, is determined. In State v. Gonzales, the Court will determine whether the State needs to prove the overall weight of a...
Man with multiple OVI offenses arrested in Ohio
It was recently reported that one man in Ohio was taken into custody for alleged drunk driving, and if convicted, it could be the man's 14th offense. Apparently, the man had stopped at a gas station at approximately 2 a.m., and when he was about to leave, the clerk at...
New Changes Proposed For Ohio OVI Law
Currently, under Ohio law, a first-time OVI offender faces, amongst other penalties, a mandatory minimum six month driver's license suspension. During that suspension period, that person is eligible to obtain limited driving privileges for work, school, medical,...
$1 Million Awarded To Man Falsely Accused Of Sex Assault
A former school counselor in Covington, KY, has successfully sued a Covington Police Officer in federal court, claiming the officer falsely arrested him for sexual abuse of a 7-year old boy. The lawsuit, filed in April of 2010, concerns a criminal case from early 2009...
Handling Motorcycle Accidents When There Is No Contact Between The At-Fault Driver And Motorcycle
Most experienced motorcyclists attempt to avoid collisions by laying down the bike prior to impact. The most common scenario for laying down a bike occurs when a passenger car or truck drives into the oncoming path of the motorcycle by failing to yield the legal right...
Unpaid Taxi Fare Results In Felony Charge Of Unlawful Sexual Conduct With A Minor
December 13, 2015, Cincinnati, Ohio - This past Sunday, William Simpson age twenty-five, refused to pay a taxi company who drove a female to his residence. The taxi driver called the police to report the unpaid fare. When the police arrived, they saw the female...
Inoperable Handguns: Are They ‘Deadly Weapons?’
Does an inoperable handgun constitute a 'deadly weapon' under Ohio's carrying a concealed weapon statute? The Ohio Supreme Court doesn't think so. In re J.T., the Ohio Supreme Court held an inoperable pistol that is not used as a bludgeon is not a 'deadly weapon' for...