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Articles Posted in DUI/OVI probable cause

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Arrest Theorem For Ohio DUI/OVI Cases: FST ≠ PC

Fourth amendment law does not lend itself to mathematical formulas. Rather than using equations to decide Constitutional issues, courts look at the totality of the circumstances and make decisions on a case-by-case basis. This is particularly true when it comes to the issue of whether an officer had probable cause…

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Ohio Appellate Court Holds Officer Did Not Have Probable Cause For OVI Arrest

In Ohio, and throughout the United States, we have a Constitutional right to be free from unreasonable searches and seizures.  In Ohio OVI cases, that means an officer can only arrest a suspect if the officer has probable cause to believe the suspect operated a vehicle under the influence of…

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Ordeal Shows Presumption Of Innocence Is Crucial In Ohio DUI/OVI Cases

When authorities found Donna Wardell in her Chevrolet Impala, the car was upside-down, held in the air by part of the utility pole she just hit (see the story at app.com).  Medics pulled her out of the car through the windshield and rushed her to the hospital.  The medical team…

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