2014 Annual Convention. Traffic Law/OVI Update

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1 2014 Annual Convention Traffic Law/OVI Update Traffic Law Committee 1.5 General CLE Hours April 30 May 2, 2014 Columbus

2 Contributors Cleve M. Johnson Attorney at Law Columbus, Ohio Mr. Johnson received his BA from The Ohio State University and his JD from Capital University Law School. His professional memberships include the National College for DUI Defense, Ohio Association of Criminal Defense Lawyers, Ohio State Bar Association (Chair, Traffic Law Committee), Columbus Bar Association, Central Ohio Association of Criminal Defense Lawyers, Governor s Task Force on Impaired Driving, and Ohio Criminal Sentencing Commission (Traffic Subcommittee). Mr. Johnson has been a criminal defense attorney since 1979 and is a frequent contributor to legal education seminars on topics relating to OVI and traffic law. He frequently testifies before committees of Ohio legislature and is certified to operate, calibrate, and perform diagnostic verification on a DataMaster breath-testing machine. For additional information, please visit Jon J. Saia Saia and Piatt PLL Columbus, Ohio Mr. Saia received his BA from King s College and his JD from Capital University Law School. His professional memberships include the Ohio Association of Criminal Defense Lawyers, National College of DUI Defense, National Association of Criminal Defense Lawyers, Ohio State Bar Association, Columbus Bar Association, Delaware County Bar Association, and Central Ohio Association of Criminal Defense Lawyers. Mr. Saia focuses his practice in OVI defense and has more than 26 years of experience in that field. Beyond representing individuals charged with OVI, Mr. Saia also provides consultation and expert testimony on the issue of field sobriety testing and is often consulted by colleagues with regard to breath testing issues. The National Highway Traffic Safety Administration (NHTSA) and the International Association of Chiefs of Police (IACP) have certified him as an Instructor in DUI Detection and Standardized Field Sobriety Testing. In addition, National Patent Analytical Systems, Inc. has certified Mr. Saia in the operation, diagnostic verification, and calibration of the BAC DataMaster Breath Alcohol Testing Instrument, the most commonly used breath testing instrument in Ohio. Recently, he completed training in the operation of the Intoxilyzer 8000 Breath Alcohol Testing Instrument. With blood alcohol testing becoming more prevalent in Ohio, Mr. Saia completed a course in gas chromatography and metrology in order to better defend his clients. He also has completed the NHTSA and IACP sponsored Drug Evaluation and Classification Program in light of Ohio s relatively new Driving Under the Influence of Drugs (DUID) laws. In addition to speaking at seminars, Mr. Saia participates in approximately 40 hours per year of continuing legal education, both locally and nationally, regarding DUI defense. For additional information, please visit

3 Chapter 1: Winning OVI Cases When the Deck Is Stacked Against You Cleve M. Johnson Attorney at Law Columbus, Ohio Table of Contents Winning OVI Cases When the Deck Is Stacked Against You... 1 Winning OVI Cases i

4 ii Traffic Law/OVI Update

5 Winning OVI Cases When the Deck Is Stacked Against You Winning OVI Cases 1.1

6 1.2 Traffic Law/OVI Update

7 Winning OVI Cases 1.3

8 1.4 Traffic Law/OVI Update

9 Winning OVI Cases 1.5

10 1.6 Traffic Law/OVI Update

11 Winning OVI Cases 1.7

12 1.8 Traffic Law/OVI Update

13 Winning OVI Cases 1.9

14 1.10 Traffic Law/OVI Update

15 Winning OVI Cases 1.11

16 1.12 Traffic Law/OVI Update

17 Winning OVI Cases 1.13

18 1.14 Traffic Law/OVI Update

19 Winning OVI Cases 1.15

20 1.16 Traffic Law/OVI Update

21 Winning OVI Cases 1.17

22 1.18 Traffic Law/OVI Update

23 Winning OVI Cases 1.19

24 1.20 Traffic Law/OVI Update

25 Winning OVI Cases 1.21

26 1.22 Traffic Law/OVI Update

27 Winning OVI Cases 1.23

28 1.24 Traffic Law/OVI Update

29 Winning OVI Cases 1.25

30 1.26 Traffic Law/OVI Update

31 Winning OVI Cases 1.27

32 1.28 Traffic Law/OVI Update

33 Winning OVI Cases 1.29

34 1.30 Traffic Law/OVI Update

35 Winning OVI Cases 1.31

36 1.32 Traffic Law/OVI Update

37 Winning OVI Cases 1.33

38 1.34 Traffic Law/OVI Update

39 Winning OVI Cases 1.35

40 Jon J. Saia Saia and Piatt PLL Columbus, Ohio Chapter 2: 2014 Traffic Law Update Table of Contents I. Supreme Court of the United States... 1 II. U.S. District Court, Southern District of Ohio... 1 III. Supreme Court of Ohio... 1 IV. Ohio Appellate Courts... 1 A. State v. Bode, 2013-Ohio-2134 (5 th Dist.) B. State v. Hupp, 2013-Ohio-1684 (5 th Dist.) C. State v. Cross, 2014-Ohio-1046 (4 th Dist.) Officers must identify themselves Officers must be in hot pursuit Suspect needs to have fled into home to avoid arrest D. City of Parma v. Schoonoser, 2014-Ohio-400 (8 th Dist.)... 1 E. State v. Brown, 2013-Ohio-5351 (6 th Dist.)... 2 F. City of Akron v. Turner, 2013-Ohio-4578 (9 th Dist.) G. Middleburg Heights v. Gettings, 2013-Ohio-3536 (8 th Dist.) No evidence of proper instruction or standards for HGN State failed to admit manual State failed to question officer regarding training Officer failed to take defendant s knee problems into consideration H. Cincinnati v. Ilg, 2013-Ohio-2191 (1 st Dist.) I. State v. Marcum, 2013-Ohio-2652 (5 th Dist.) V. Trial Court Decisions Traffic Law Update i

41 VI. Traffic Rule Traffic Law Update PowerPoint Presentation... 3 ii Traffic Law/OVI Update

42 Jon J. Saia Saia and Piatt PLL Columbus, Ohio Chapter 2: 2014 Traffic Law Update I. Supreme Court of the United States Missouri v. McNeely, 133 S. Ct. 832 (2013). Warrant needed to withdraw blood of OVI/DUI suspect. II. U.S. District Court, Southern District of Ohio Knapke v. Hummer, Case No. 2:10-CV-485. Defense counsel should have been permitted to cross-examine testing officer regarding diagnostic checks on breath testing instrument. III. Supreme Court of Ohio State v. Pariag, 2013-Ohio Trial Court precluded from sealing record on dismissed charges if dismissed charges resulted in connection with same act for which Defendant convicted. IV. Ohio Appellate Courts A. State v. Bode, 2013-Ohio-2134 (5 th Dist.). Juvenile OVI convictions can be used to entice OVI s after reaching age of majority. B. State v. Hupp, 2013-Ohio-1684 (5 th Dist.). Citizen tip requires independent investigation to corroborate tip. C. State v. Cross, 2014-Ohio-1046 (4 th Dist.). Hot pursuit into home requirements: 1. Officers must identify themselves. 2. Officers must be in hot pursuit. 3. Suspect needs to have fled into home to avoid arrest. D. City of Parma v. Schoonoser, 2014-Ohio-400 (8 th Dist.) State had to comply with subpoena for records for Intoxilyzer Traffic Law Update 2.1

43 E. State v. Brown, 2013-Ohio-5351 (6 th Dist.). Township s officers stop outside township limits violates Ohio Constitution. F. City of Akron v. Turner, 2013-Ohio-4578 (9 th Dist.). Time for appeal of trial court s decision on ALS Appeal begins to run at time of trial court s decision on ALS Appeal and not upon resolution of OVI charge. G. Middleburg Heights v. Gettings, 2013-Ohio-3536 (8 th Dist.). SFST s suppressed. 1. No evidence of proper instruction or standards for HGN. 2. State failed to admit manual. 3. State failed to question officer regarding training. 4. Officer failed to take defendant s knee problems into consideration. H. Cincinnati v. Ilg, 2013-Ohio-2191 (1 st Dist.). Failure of State to provide COBRA data for Intoxilyzer 8000 resulted in suppression of breath alcohol test. I. State v. Marcum, 2013-Ohio-2652 (5 th Dist.). Marked lanes violation requires driver to travel completely over the lines touching or driving on the line does not justify a stop. V. Trial Court Decisions State v. Lancaster, Marietta Municipal Court, Case No. 12 TRC Intoxilyzer 8000 breath alcohol testing instrument is unreliable and test results must be suppressed. VI. Traffic Rule 3 Modernize traffic rules for electronic tickets. 2.2 Traffic Law/OVI Update

44 Traffic Law Update PowerPoint Presentation 2014 Traffic Law Update 2.3

45 2.4 Traffic Law/OVI Update

46 2014 Traffic Law Update 2.5

47 2.6 Traffic Law/OVI Update

48 2014 Traffic Law Update 2.7

49 2.8 Traffic Law/OVI Update

50 2014 Traffic Law Update 2.9

51 2.10 Traffic Law/OVI Update

52 2014 Traffic Law Update 2.11

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