Ohio Drunk Driving Case Law
Please find, below, selected case laws decided by Supreme Court of Ohio or Court of Appeals of Ohio where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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City of Westlake v. Sloan - 10/31/1996
Defendant-appellant, John T. Sloan ("appellant"), appeals the decisions of the Rocky River Municipal Court denying his motions both to dismiss and to suppress evidence in connection with charges related to driving under the influence...
State v. Applegarth - 10/23/1996
COX, Judge.
This is an appeal from a decision rendered by the Belmont County Court, Eastern Division, finding defendant-appellant, Donald B. Applegarth, guilty of driving under the influence in violation of R.C. 4511.19(A)(1),...
State v. Goodrich - 10/17/1996
THOMAS F. BRYANT, Judge.
This appeal, submitted on the accelerated calendar, is being considered pursuant to App.R. 11.1(E) and Loc.R. 12. Pursuant to Loc.R. 12, we hereby elect to issue a fall opinion in lieu of a judgment...
City of Mayfield Heights v. Wilson - 10/10/1996
PER CURIAM
JUDGMENT: AFFIRMED AND REMANDED.
An accelerated appeal is authorized pursuant to App.R. 11.1 and Loc.App.R. 25. The purpose of an accelerated docket is to allow an appellate court to render a brief and...
City of Parma v. Wynnytsky - 10/10/1996
JUDGMENT: AFFIRMED.
An accelerated appeal is authorized pursuant to App.R. 11.1 and Loc.App.R. 25. The purpose of an accelerated docket is to allow an appellate court to render a brief and conclusionary decision. Crawford v....
City of Seven Hills v. Wankewycz - 10/10/1996
PER CURIAM
JUDGMENT AFFIRMED AS MODIFIED.
This cause came on for hearing upon the accelerated calendar of our court pursuant to App. R. 11.1 and Local R. 25 which allow for statements of the reasons for our decision to be...
State v. Pearson - 10/4/1996
SHAW, Judge.
Defendant-appellant, Eric B. Pearson, appeals from a judgment of conviction and sentence entered in the Seneca County Court of Common Pleas, following a jury verdict finding defendant guilty of abduction, gross...
City of Shaker Heights v. Duncan - 10/3/1996
JUDGMENT AFFIRMED.
Appellant, Diane Duncan, is appealing her conviction for driving with a concentration of .10 of one gram or more of alcohol per 210 liters of breath, Shaker Heights Codified Ordinance 1133.01(A)(3). Appellant...
City of Heights v. Buckner - 10/3/1996
JUDGMENT: AFFIRMED.
Eric J. Buckner appeals from the judgment of the Lyndhurst Municipal Court finding him guilty of driving under the influence of alcohol.
At 5:34 in the morning on Friday, January 6, 1995, Mayfield...
City of Parma v. Kuczeryn - 10/3/1996
PER CURIAM
JUDGMENT: Affirmed.
Defendant Paul J. Kuczeryn appeals from his conviction for driving under the influence of alcohol, and failing to yield the right of way. For the reasons set forth below, we affirm.
On...
City of Rocky River v. Zahn - 10/3/1996
JUDGMENT AFFIRMED.
Defendant-appellant Ronald E. Zahn appeals the decision of the trial court which denied his motion to dismiss the charges against him in the court below. Finding no reversible error, we affirm the decision of...
City of Richmond Heights v. Matthews - 10/3/1996
JUDGMENT: Affirmed in part and Remanded.
Appellant was arrested on October 22, 1994 for driving while under the influence and operating his vehicle in a weaving course. Appellant refused to take the breathalyzer test to...
City of Cleveland v. White - 10/3/1996
JUDGMENT: AFFIRMED.
Defendant-appellant Timothy White appeals from the jury trial verdict of the traffic related offenses of Driving Under the Influence of Alcohol [in violation of Cleveland Codified Ordinance 433(A)(1)] and...
City of Cleveland v. Michael - 10/3/1996
JUDGMENT AFFIRMED.
PER CURIAM:
This cause came on to be heard upon the accelerated calendar pursuant to App.R. 11.1 and Loc.R. 25, the records from the Cuyahoga County Court of Common Pleas, and the briefs of counsel. ...
City of Maple Heights v. Fields - 10/3/1996
JUDGMENT: AFFIRMED.
Mark A. Fields appeals the judgment of the Garfield Heights Municipal Court finding him guilty of driving under the influence of alcohol (DUI) in violation of R.C. 4511.19, a misdemeanor.
On October...
State v. Taylor - 9/27/1996
FAIN, Judge.
Defendant-appellant Jason Taylor appeals from his conviction and sentence, following a plea of no contest, upon the charge of carrying a concealed weapon. Taylor contends that the trial court erred by refusing to...
State v. Greer - 9/27/1996
FAIN, Judge.
The issue in this case is whether the application of the exclusionary rule may be avoided with respect to evidence obtained by a police officer as a result of an investigative stop based upon conduct observed by...
City of Brook Park v. Carter - 9/26/1996
JUDGMENT: REVERSED AND REMANDED.
The city of Brook Park, plaintiff-appellant, appeals the decision of the Berea Municipal Court granting Ricky Carter's, defendant-appellee's, motion to dismiss charges of driving under the...
State v. Owen - 9/23/1996
WALSH, Presiding Judge.
Plaintiff-appellant, the state of Ohio, appeals a decision of the Warren County Court granting a motion to suppress evidence.
On February 19, 1995, defendant-appellee, Mark Owen, was arrested for...
City of Cleveland v. Carrie - 9/19/1996
JUDGMENT Affirmed.
Defendant-appellant, Robert Carrie, appeals from his conviction for driving under the influence in violation of Section 433.01(A)(1) of the Codified Ordinances of the city of Cleveland ("C.C.O. 433.01 ")....
City of Fairview Park v. Novicky - 9/19/1996
JUDGMENT: AFFIRMED.
Defendant-appellant Catherine L. Novicky ("appellant") appeals the denial of her motion to dismiss driving under the influence of alcohol charges on double jeopardy grounds.
Appellant assigns the...
City of Westlake v. Maminskas - 9/19/1996
Defendant-appellant Michael J. Maminskas appeals from his conviction of driving under the influence of alcohol in violation of Westlake Codified Ordinances 333.01(A1) and (A3), and 331.34(B). For the reasons adduced below, we affirm....
State v. Finney - 9/13/1996
SHERCK, Judge.
This is an appeal from a driving-under-the-influence-of-alcohol conviction which comes to us from the Maumee Municipal Court. Because we find appellant's argument that his administrative license suspension...
State v. Flemming - 9/5/1996
JUDGMENT Affirmed.
Defendant-appellant, Derrick Flemming, appeals from his convictions for aggravated murder and aggravated robbery, following a jury trial in the Court of Common Pleas of Cuyahoga County. Appellant submits a...
State v. Wemer - 6/27/1996
HARSHA, Judge.
This is an appeal by the state of Ohio of an order by the Athens County Municipal Court granting a motion to suppress the breathalyzer test result in the prosecution of Gail Wemer for driving under the influence...
State v. Haught - 6/25/1996
The judgment of the court of appeals is reversed and the cause is remanded to the trial court for further proceedings on the authority of State v. Pless (1996), 74 Ohio St.3d 333, 658 N.E.2d 766.
MOYER, C.J., DOUGLAS, RESNICK...
State v. Moore - 6/21/1996
GENE DONOFRIO, Judge. Defendant-appellant Jason E. Moore presents this timely appeal following his January 4, 1995 no-contest plea in Columbiana County Southwest Area County Court to charges of vehicular homicide...
State v. Ashburn - 6/14/1996
HADLEY, Presiding Judge.
Defendant-appellant, Arthur L. Ashburn II ("appellant"), appeals from the judgment of the Findlay Municipal Court, Hancock County, convicting and sentencing him for a violation of R.C. 4511.19(A)(1). ...
City of Maple Heights v. Szabo - 6/13/1996
JUDGMENT: AFFIRMED.
Defendant-appellant Thomas Szabo ("appellant") appeals his conviction for driving under suspension in violation of R.C. 4507.02.
Appellant assigns the following errors for review:
I. THE TRIAL...
Village of Glenwillow v. Tomsick - 6/6/1996
JUDGMENT: AFFIRMED.
David Tomsick appeals from his convictions in the Bedford Municipal Court for driving while under the influence of alcohol, operating a motor vehicle with a prohibited blood alcohol content, and operating a...
Dobbins v. Ohio Bureau of Motor Vehicles - 6/5/1996
ALICE ROBIE RESNICK, J.
The issues presented by this case are (1) whether police violate an arrestee's statutory right to effective communication with legal counsel contained in R.C. 2935.20 when they audiotape the...
Columbus v. Caynor - 5/30/1996
DESHLER, Judge.
Defendant-appellant, John W. Caynor, appeals from a judgment of conviction and sentence entered by the Franklin County Municipal Court upon finding him guilty of driving while under the influence of alcohol in...
Kilcoyne v. Plain Dealer Publishing Co. - 5/28/1996
KARPINSKI, Judge.
This case arises from media commentary on a series of legal proceedings involving a judge upon his acquittal of five felony charges. The case presents a textbook conflict between claims of defamatory harm to...
State v. Glasscock - 5/28/1996
WALSH, Presiding Judge.
The state of Ohio appeals a decision of the Brown County Court which granted the motion of defendant-appellee, John R. Glasscock, to suppress evidence.
On December 8, 1994, at approximately 1:49...
City of Cleveland v. Taylor - 5/23/1996
JUDGMENT AFFIRMED.
This is an appeal from a judgment of the Cleveland Municipal Court in which the appellant, following a plea of no contest, was found guilty of driving under the influence of alcohol in violation of Cleveland...
State v. Whitaker - 5/17/1996
Per Curiam. This matter is before the court from the Lucas County Common Pleas Court. Appellant, Joe D. Whitaker, appeals his bench trial conviction for aggravated vehicular homicide, a violation of R.C. 2903.06...
City of Middleburg Heights v. Tenaglia - 5/16/1996
JUDGMENT: AFFIRMED.
Richard Tenaglia appeals from the Berea Municipal Court's denial of his motion to suppress results of a breathalyzer test in which he alleged the test operator failed to observe him for twenty minutes prior...
State v. Medcalf - 5/16/1996
KLINE, Judge.
Defendant-appellant Harry Medcalf was charged with speeding and operating a motor vehicle while under the influence of alcohol. The Marietta Municipal Court denied appellant's motion to suppress the results of a...
Kilcoyne v. Plain Dealer Publishing Co. - 5/16/1996
This case arises from media commentary on a series of legal proceedings involving a judge upon his acquittal of five felony charges. The case presents a textbook conflict between competing claims of defamatory harm to reputation and...
State v. Kesler - 5/15/1996
HADLEY, Presiding Judge.
This appeal is brought by defendant-appellant, David Kesler, from the judgment of the Court of Common Pleas of Shelby County, overruling, in part, appellant's motion to suppress evidence.
At...
State v. Peek - 3/29/1996
GORMAN, Presiding Judge.
In a single assignment of error, defendant-appellant, Jason Peek, appeals from the judgment of the Hamilton County Court of Common Pleas convicting him of unauthorized use of a motor vehicle (R.C....
State v. McGriff - 3/7/1996
EVANS, Judge.
This is an appeal by the state from a judgment of the Court of Common Pleas of Logan County ruling on the admissibility of a physician's patient records seized during a search of the physician's office and used...
State v. Brown - 3/1/1996
HARSHA, Judge.
This is an appeal by the state of Ohio of an order by the Hocking County Municipal Court granting a motion to suppress breath-alcohol test results in the prosecution of Glen Brown for driving under the influence...
State Farm Ins. Co. v. Atlantic Mut. Ins. Co. - 2/23/1996
FAIN, Judge.
This controversy involves an action for contribution between the indemnitors of two joint tortfeasors.
Defendant-appellant Atlantic Mutual Insurance Company ("Atlantic") appeals from a summary judgment...
City of Lakewood v. Acord - 2/22/1996
JUDGMENT AFFIRMED.
Defendant-appellant John P. Acord appeals from his conviction in the Lakewood Municipal Court for driving under the influence, fleeing from the police and driving under suspension. Appellant raises four...
City of Brook Park v. Danison - 2/15/1996
JUDGMENT: AFFIRMED.
Defendant-appellant Walter C. Danison, Jr. (d.o.b. October 27, 1946), appeals from the court's sentence of the minimum actual incarceration of fifteen (15) days after having pled No Contest to, and been...
State v. Eggleston - 2/9/1996
FAIN, Judge.
Defendant-appellant Jason R. Eggleston appeals from the denial of his motion to suppress evidence obtained against him as a result of a sobriety checkpoint operated by the Kettering Police Department on September 4...
State v. Williams - 2/7/1996
MOYER, C.J.
This case presents the court with the question of whether the doctrine of collateral estoppel precludes relitigating, in the criminal proceeding for a charge of drunk driving, an issue that was previously...
State v. Gustafson - 2/7/1996
MOYER, C.J.
Before this court stand six Ohio drivers whose licenses were suspended administratively, pursuant to R.C. 4511.191, subsequent to arrest for violation of R.C. 4511.19. The legal issue presented by their...
State v. Hochhausler - 2/7/1996
MOYER, C.J.
In this case, we are asked to determine several issues relating to the constitutionality of R.C. 4511.191 and 4511.195.
It is a well-settled rule that an Act of the General Assembly is entitled to a...
City of Westlake v. Galla - 2/1/1996
PER CURIAM
JUDGMENT: Affirmed. Stay of Execution Vacated.
Appellant was pulled over by police while in his car on January 2, 1995. A complaint charged appellant with driving left of the center line, operating a vehicle...
State v. Anderson - 1/25/1996
GREY, Judge.
This is an appeal from a judgment of the Municipal Court of Chillicothe, Ohio. Anderson was charged with possession of drug paraphernalia and possession of marijuana. He filed a motion to suppress, which was...
State v. Perry - 1/24/1996
REECE, Judge.
Appellant, Kevin Perry, appeals his convictions for operating a motor vehicle while under the influence of alcohol, R.C. 4511.19(A)(1), failing to yield, R.C. 4511.42, and having a prohibited blood-alcohol...
State v. Koch - 1/22/1996
KOEHLER, Judge.
Defendant-appellee, Marilyn Koch, was arrested on August 27, 1994 and charged with driving under the influence in violation of R.C. 4511.19(A)(1)(3). Appellee filed a motion to suppress, arguing that the results...
State v. Halahan - 12/26/1995
NADER, Judge.
This is an appeal from a criminal conviction entered in the Portage County Municipal Court, Ravenna Division.
On September 12, 1994, a criminal complaint was filed against appellant, George M. Halahan,...
City of Lakewood v. Shaw - 12/20/1995
JUDGMENT: AFFIRMED.
Defendant-appellant Timothy Shaw ("appellant") appeals his conviction for driving under the influence of alcohol in violation of Lakewood Codified Ordinance Section 333.01(a).
Appellant assigns the...
State v. Musson - 12/20/1995
PER CURIAM
JUDGMENT REVERSED AND VACATED.
Plaintiff-appellant the State of Ohio appeals from the order of the Cuyahoga County Court of Common Pleas granting an application for expungement to defendant-appellee Robert...
State v. Hominsky - 12/18/1995
NADER, Judge.
This is an accelerated appeal from the judgment of the Mentor Municipal Court, entered upon a no contest plea, finding appellant, Lisa Hominsky, guilty of operating a motor vehicle with a prohibited breath-alcohol...
City of Maple Heights v. Harris - 12/14/1995
JUDGMENT: AFFIRMED.
Appellant William Harris appeals from a judgment of the Garfield Heights Municipal Court entered pursuant to a jury verdict finding him guilty of violating Maple Heights Ordinance No. 434.01, Driving Under...
State v. Lane - 12/13/1995
PAINTER, Judge.
In late June 1991, Nathalie Sargent fell asleep watching TV in her apartment. Suddenly, she was awakened by a man on top of her, who forced her to engage isvarious types of sexual conduct with him and...
State v. Ziepfel - 12/6/1995
PAINTER, Judge.
Defendant-appellant, George M. Ziepfel, Jr., was convicted of driving under the influence of alcohol pursuant to R.C. 4511.19(A)(3), his fourth DUI offense within five years. As part of the mandatory penalties...
Disciplinary Counsel v. Pincus - 12/6/1995
[Cite as Disciplinary Counsel v. Pincus (1995), ___ Ohio St. 3d ___.]
Attorneys at law - Misconduct - Indefinite suspension with credit for time of voluntary interim suspension - Convictions for drug abuse - Habitual late payment...
Cleveland Hts. v. Wood - 12/4/1995
JAMES M. PORTER, Presiding Judge.
Defendant-appellant John Wood, an attorney representing himself, appeals from his conviction for speeding following a jury trial in the Cleveland Heights Municipal Court. Defendant claims the...
City of Cleveland Heights v. Wood - 11/22/1995
JUDGMENT Affirmed
Defendant-appellant John Wood, an attorney representing himself, appeals from his conviction for speeding following a jury trial in the Cleveland Heights Municipal Court. Defendant claims the court erred in...
City of Garfield Heights v. Allison - 11/22/1995
Defendant-appellant Nathan Allison appeals from convictions for driving while under the influence of alcohol, in violation of R.C. 4511.19, failing to display license plates, in violation of R.C. 4503.21, and using unauthorized...
City of Cleveland v. Johnston - 11/16/1995
Defendant-appellant James Johnston ("appellant") appeals the denial of his motion to suppress evidence.
Appellant raises the following assignments of error for review:
I. THE TRIAL COURT ERRED IN DENYING...
State v. Waddell - 9/28/1995
KLINE, Judge.
This is an appeal from two judgment entries entered by the Highland County Municipal Court on August 25, 1994. The appellant, Gina M. Waddell, was charged with two offenses. She was found guilty and sentenced on...
State v. Brown - 9/28/1995
JUDGMENT: AFFIRMED.
Defendant-appellant Andre Brown ("Brown") appeals from his bench trial conviction of one count of Robbery in violation of R.C. 2911.02 as charged in the indictment. For the reasons adduced below, we affirm. ...
State v. Sisler - 9/27/1995
GRADY, Judge.
Defendant Jeffrey L. Sisler appeals from his conviction for a violation of R.C. 4511.19(A)(2), which prohibits operation of a motor vehicle by a person who "has a concentration of ten hundredths of one per cent or...
City of Fairview Park v. Ricotta - 9/21/1995
JUDGMENT: Affirmed.
Defendant-appellant John J. Ricotta, Esq. appeals from the denial of a motion for new trial following his bench trial conviction for operating a motor vehicle while under the influence of alcohol. Defendant...
City of Cleveland v. Gallo - 9/7/1995
JUDGMENT: AFFIRMED.
Defendant-appellant Joseph Gallo appeals from his conviction for driving under the influence, in violation of Cleveland Codified Ordinances Section 433.01(A)(1) and raises two assignments of error:
I....
City of Cleveland v. Dixon - 8/31/1995
JUDGMENT: AFFIRMED.
Appellant, Thomas Dixon, appeals from his conviction for driving while under the influence of alcohol in violation of City of Cleveland Ordinance Section 433.01(A)(1).
On July 2, 1994 at 10:16 p.m.,...
State v. Gantz - 8/22/1995
DESHLER, Judge.
This is an appeal by defendant, Norman W. Gantz, from a judgment entry of conviction and sentence entered by the Franklin County Court of Common Pleas.
On August 23, 1993, defendant was indicted on five...
City of Euclid v. McGraw - 8/17/1995
PER CURIAM
JUDGMENT AFFIRMED.
Appellant John McGraw appeals from the January 17, 1995 order of the trial court overruling his motion to vacate the judgment permanently revoking his driver's license. For the reasons set...
State v. Epling - 8/9/1995
QUILLIN, Judge.
The state of Ohio appeals the trial court's decision granting William D. Epling's motion to suppress. Because the investigative stop of Epling's vehicle was supported by a reasonable suspicion of criminal...
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