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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State v. Caplinger - 8/4/1995
HARSHA, Judge.
This is a delayed appeal of a judgment of the Highland County Court of Common Pleas sentencing appellant, Martin Caplinger, to an indeterminate prison term of five to ten years for a violation of R.C. 2903.06(A),...
State v. Sufronko - 8/4/1995
KLINE, Judge.
Defendant-appellant, Dale Sufronko, was charged with forgery in violation of R.C. 2913.31(A)(1) for signing his brother's name on three documents presented to appellant by an Ohio State Highway Patrol Trooper...
City of North Olmsted v. Ortiz - 7/20/1995
Police officers for the city of North Olmsted issued citations to defendant-appellant, Ezequiel Ortiz, Jr., on September 21, 1993. The officers cited appellant with violating sections of the Codified Ordinances of the city of North...
City of Cleveland v. Anderson - 7/13/1995
JUDGMENT Reversed and vacated; defendant discharged.
Defendant-appellant Robert Anderson appeals from his convictions following a bench trial in the Cleveland Municipal Court for driving with the prohibited concentration of...
State v. Smith - 7/13/1995
Appellant, Thomas Smith, appeals from his convictions for driving while under the influence of alcohol, Driving with a Prohibited Breath/Alcohol content, and Driving with a Suspended License. For the reasons set forth below, we...
State v. Johnson - 6/26/1995
WALSH, Presiding Judge.
Defendant-appellant, Jeffrey W. Johnson, appeals his conviction for driving under the influence of alcohol in violation of R.C. 4511.19.
On April 20, 1994, at approximately 1:55 a.m., Officer John...
Hurst v. Ohio Dept. of Rehab. & Corr. - 6/21/1995
MOYER, C.J.
By its sole proposition of law, the department argues that it is immune from liability by operation of the public duty rule and that the court of appeals incorrectly concluded that the department could be found to...
State v. Bryant - 6/9/1995
SHERCK, Judge.
This appeal comes to us from a judgment of conviction entered by the Lucas County Court of Common Pleas on charges of breaking and entering and attempted grand theft. Because we conclude that the prosecutor's...
New Albany v. Dalton - 5/30/1995
PETREE, Judge.
This is an appeal from judgments of conviction and sentence rendered against defendant, Woodrow A. Dalton, in the Franklin County Municipal Court upon violations of three ordinances of the village of New Albany:...
State v. D'Ambrosio - 5/24/1995
ALICE ROBIE RESNICK, J.
Having previously considered appellant's conviction and the issues raised on appeal in D'Ambrosio I, this court must now complete the review required by R.C. 2929.05(A) by independently weighing...
State v. Gant - 5/18/1995
Defendant-appellant Marcellus Gant appeals from his convictions for aggravated murder and aggravated robbery, with a felony murder and firearm specifications. Appellant's convictions stem from an incident which occurred at...
City of Lakewood v. Gillett - 5/11/1995
Plaintiff-appellant, Kathleen Gillett, appeals her conviction for Driving Under the Influence of Alcohol, (DUI) a violation of Lakewood Codified Ordinance, Section 333.01(A). In a single assignment of error, appellant claims that the...
State v. Stringer - 5/11/1995
CLOSE, Judge.
Plaintiff-appellant, the state of Ohio, appeals the judgment of the Franklin County Court of Common Pleas, sustaining a motion to suppress evidence seized from an automobile under the control of...
State v. Coppock - 5/5/1995
BROGAN, Judge.
The state of Ohio appeals from the judgment of the Miamisburg Municipal Court, in which the court dismissed charges of driving under the influence of
On October 7, 1994, at approximately 3:20 a.m.,...
Daniels v.Thistledown Racing Club - 5/5/1995
PATTON, Chief Judge.
Plaintiff-employee Phyllis Ann Daniels worked as a groomer for a horse trainer at defendant Thistledown Racing Club, Inc. In addition to her salary, the trainer provided plaintiff a small room above one of...
Daniels v. Thistledown Racing Club - 4/27/1995
JUDGMENT AFFIRMED
Plaintiff-employee Phyllis Ann Daniels worked as a groomer for a horse trainer at defendant Thistledown Racing Club, Inc. In addition to her salary, the trainer provided plaintiff a small room above one of the...
State v. Stolich - 4/19/1995
FAIN, Judge.
Defendant-appellant, Tammy E. Stolich, appeals from her conviction and sentence, following a no contest plea, for operating a motor vehicle under the influence. Stolich contends that the trial court erred by...
State v. Stamper - 4/10/1995
CHRISTLEY, Presiding Judge.
This action entails two appeals from separate final judgments of the Ashtabula County Court. Under the first appeal, App. No. 94-A-0013, appellant, Harrison A. Stamper, seeks the reversal of his...
State v. Mihu - 4/6/1995
JUDGMENT: AFFIRMED.
Defendant-appellant Robert Mihu appeals his conviction for having a concentration of more than ten-hundredths of one percent by weight of alcohol in his blood, in violation of R.C. 4511.19(A)(3). A fine of...
Walker v. St. Vincent Charity Hospital - 4/6/1995
JUDGMENT: AFFIRMED.
Plaintiff Perry Walker was admitted to St. Vincent Charity Hospital June 23, 1990, with a fracture of the left tibia and a blood alcohol level of .558. Four days later, when plaintiff's system was cleared of...
Cincinnati v. Kromski - 3/29/1995
GORMAN, Presiding Judge.
On February 17, 1994, defendant-appellee, Justin Kromski, was arrested for driving under the influence of alcohol pursuant to R.C. 4511.19(A)(1). The trial court granted Kromski's motion to suppress,...
City of West Lake - 3/2/1995
JUDGMENT: AFFIRMED.
Defendant-appellant Mark R. Hoddinott appeals from his jury conviction for driving under the influence of alcohol in violation of R.C. 4511.19(A)(1).
The record demonstrates defendant was arrested and...
State v. Simko - 12/30/1994
FRANCIS E. SWEENEY, SR., J.
Beginning in State v. Poindexter (1988), 36 Ohio St.3d 1, 3, 520 N.E.2d 568, 570, and recently reiterated in State v. Scudder (1994), 71 Ohio St.3d 263, 643 N.E.2d 524, we expressed the view...
State v. Bauer - 12/27/1994
DESHLER, Judge.
Appellant, the state of Ohio, appeals from a decision of the Franklin County Municipal Court granting appellee Terry Bauer's motion to suppress all evidence obtained from the stop of appellee's vehicle at a...
Sheeler v. Ohio Bur. of Workers' Comp. - 12/21/1994
BAIRD, Judge.
This cause comes before the court upon the appeal of the Administrator, Bureau of Workers' Compensation, and the Industrial Commission of Ohio (individually and collectively, "appellant") from the verdict of the...
State v. George - 12/19/1994
WALSH, Presiding Judge.
On May 8, 1993, Trooper Robert Lindenborn of the State Highway Patrol observed defendant-appellant, Roger A. George, driving a truck west on Interstate 70 in Preble County, Ohio. Trooper Lindenborn...
State v. Mason - 12/7/1994
DOAN, Judge.
This cause came on to be heard upon the appeal, the transcript of the docket, journal entries and original papers from the Hamilton County Municipal Court, the transcript of the proceedings, the briefs and the...
Ohio Bur. of Motor Vehicles v. Williams - 12/1/1994
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(5), we have elected to render decision by written opinion. ...
Stephenson v. Litton Sys. - 10/28/1994
FAIN, Judge.
Plaintiff-appellant Carletta Stephenson appeals from a summary judgment rendered in favor of defendant-appellee Litton Systems, Inc. Stephenson contends that the trial court erred when it decided, as a matter of...
Stow v. Riggenbach - 10/26/1994
REECE, Presiding Judge.
Defendant-appellant, Robert Riggenbach, appeals his conviction of driving a motor vehicle while under the influence of alcohol. We affirm.
On July 24, 1993, Riggenbach drove his car through a stop...
Cabe v. Lunich - 10/26/1994
A. WILLIAM SWEENEY, J.
Under current Ohio statutory law, liability for punitive damages in a tort action is determined by the trier of fact (generally a jury), and once the factfinder determines that punitive damages...
State v. Milliner - 10/13/1994
DYKE, Judge.
Defendant-Appellant, Lloyd Milliner, alias "Floyd Miller," appeals his conviction for aggravated drug trafficking (R.C. 2925.03 ); aggravated robbery (R.C. 2911.01 ) with a firearm specification; permitting drug...
Beachwood v. Sims - 10/3/1994
HARPER, Presiding Judge.
Defendant-appellant, Mark Sims, appeals from the denial of his motion to suppress by the Shaker Heights Municipal Court. Subsequent to the ruling on appellant's motion, a jury found him guilty of...
Columbus v. Ocker - 9/29/1994
WHITESIDE, Presiding Judge.
This is an appeal by defendant, Heidi L. Ocker, from an order of the Franklin County Municipal Court finding that an administrative suspension of defendant's driver's license was proper because no...
Stein v. Brown - 9/26/1994
WALSH, Judge.
On July 10, 1993, plaintiff-appellant, Tad H. Stein, was arrested for driving under the influence of alcohol in Wilmington, Ohio. Appellant was taken to the Clinton County Sheriff's Department. An implied consent...
Tallmadge v. Gang - 9/14/1994
BAIRD, Judge.
The city of Tallmadge appeals the trial court's order suppressing evidence that Mary R. Gang was intoxicated when a police officer stopped her car on December 5, 1993. We affirm.
During the early morning...
Akron v. Jaramillo - 9/14/1994
BAIRD, Judge.
This cause comes before the court upon the appeal of the state of Ohio from the judgment of the Municipal Court of Akron, amending one charge against the appellee, Stephen Jaramillo, and dismissing the remaining...
Tallmadge v. McCoy - 8/31/1994
BAIRD, Judge.
This cause comes before the court upon the appeal of plaintiff-appellant, the city of Tallmadge, from a pretrial order of the Cuyahoga Falls Municipal Court granting defendant-appellee Brad A. McCoy's motion to...
State v. Gill - 8/31/1994
DOUGLAS, J.
The principal issue presented by these cases involves an interpretation of the word "operate," as that term is used in R.C. 4511.19. Specifically, we are asked to determine whether a person can be found in...
State v. King - 8/31/1994
WRIGHT, J.
The principal query before us is whether a defendant's oral waiver of speedy trial rights, which does not appear on the record, is effective. In the absence of such a waiver we also consider whether a trial...
State v. Drogi - 8/22/1994
Appellant, John M. Drogi, Jr., brings this appeal as a result of the denial of his motion to suppress evidence in connection with his charge of D.U.I. before the Western Division Court of Belmont County, Ohio.
On July 19,...
State v. Mounts - 8/19/1994
Per Curiam.
This is an appeal from a judgment of the Athens County Municipal Court. Mounts, who was arrested for driving under the influence, refused to take a breath test. Upon her refusal, her driver's license was suspended...
State v. Shindler - 8/10/1994
NUGENT, J.
The issue presented for our review is to what extent a motion to suppress evidence must set forth its legal and factual bases in order to require a hearing.
Crim.R. 47 provides:
"An application to...
State v. Hiler - 7/29/1994
BROGAN, Judge.
Richard L. Hiler appeals from his conviction of driving while under the influence in the Municipal Court of Vandalia, Traffic Division.
Hiler advances three assignments of error, asserting that (1) the...
State v. Gordon - 7/18/1994
NUGENT, Judge.
Defendant-appellant Michael Gordon appeals from his conviction for possession of cocaine (R.C. 2925.11) following a no contest plea. Defendant assigns error in the court's refusal to grant his motion to suppress...
State v. Smith - 7/14/1994
GREY, Judge.
This is an appeal from a judgment of the Municipal Court of Lawrence County. Robert A. Smith appeals his conviction of violating R.C. 4511.19(A)(1), operating a vehicle while under the influence of alcohol. ...
State v. Bishop - 7/5/1994
KOEHLER, Judge.
Defendant-appellant, Charlene Bishop, appeals a conviction in the Warren County Court for driving under the influence of alcohol.
On August 9, 1992, at approximately 10:20 p.m., Deputy Lori Jones of the...
State v. DePue - 6/29/1994
GREY, Judge.
This is an appeal from the judgment of the Athens Municipal Court.
On October 9, 1992, DePue was released on his own recognizance and a preliminary hearing was set for October 12, 1992. A handwritten...
State v. Bruce - 5/31/1994
Per Curiam.
Defendant-appellant, Frank Bruce, Jr., appeals convictions in the Butler County Court of Common Pleas for aggravated vehicular assault, driving under suspension, and failure to show proof of financial...
Maumee v. Anistik - 5/25/1994
DOUGLAS, J.
The sole issue before this court is whether the jury instruction given by the trial judge regarding appellee's refusal to take a chemical test of her breath was improper and prejudicial to appellee. The text...
Lakewood v. Waselenchuk - 5/2/1994
PORTER, Judge.
Defendant-appellant Nancy Waselenchuk appeals from her conviction following a bench trial in Lakewood Municipal Court for operating a motor vehicle whilsunder the influence of alcohol in violation of city of...
Hamilton v. Lawson - 5/2/1994
WALSH, Presiding Judge.
On April 22, 1993, defendant-appellant, Curtis Lawson, was convicted in Hamilton Municipal Court of driving under the influence of alcohol in violation of R.C. 4511.19. Lawson now appeals setting forth...
State v. Phillips - 12/30/1993
GENE DONOFRIO, Judge.
Appellant, Michael P. Phillips, was charged with driving under the influence of alcohol and with a prohibited concentration of alcohol in his breath, a violation of R.C. 4511.19(A)(1) and (A)(3), in the...
State v. Antill - 11/16/1993
GREY, Judge.
This is an appeal from the Marietta Municipal Court. After the court denied his motion to suppress, Antill changed his plea to no contest and was found guilty of driving under the influence and driving while under...
State v. Burke - 11/9/1993
GREY, Judge.
This is an appeal from the Gallipolis Municipal Court. In 1984, Russell Burke was found guilty of drunk driving, sentenced and fined. He was ordered to pay his fine in installments. He didn't make the required...
State v. Glasscock - 11/9/1993
PETER B. ABELE, Judge.
This is an appeal from a judgment entered by the Hillsboro Municipal Court finding appellant John R. Glasscock indigent and ordering him to perform community service to work off his pre-existing fine and...
State v. Ulis - 11/5/1993
HANDWORK, Judge.
This appeal was previously considered by this court. State v. Ulis (Dec. 13, 1991), Lucas App. No. L-90-264, unreported. Only one assignment of error was presented for consideration. The assignment of error...
State v. McGinnis - 9/28/1993
HARSHA, Presiding Judge.
The state of Ohio appeals from a judgment of the Scioto County Court of Common Pleas which granted the application for sealing of the record of appellee, Charles Douglas McGinnis. The state assigns the...
State v. Hines - 9/28/1993
REILLY, Judge.
Defendant-appellant, Larry D. Hines, appeals from his conviction of one count of carrying a concealed weapon. Defendant raises the following assignment of error:
"The trial court committed reversible error...
Valescu v. Cleveland Metroparks Sys. - 9/27/1993
DYKE, Chief Judge.
On September 14, 1987, George Valescu was traveling home on the Big Creek Parkway located in the Cleveland Metroparks System. George was riding a friend's motorcycle, borrowed for the purpose of visiting his...
State v. Wyde - 9/22/1993
Per Curiam.
This cause came on to be heard upon the appeals, the transcript of the docket, journal entries and original papers from the Hamilton County Municipal Court, the transcript of the proceedings, the briefs and the oral...
Fairborn v. Semler - 9/17/1993
GRADY, Presiding Judge.
Larry A. Semler appeals from his conviction for disorderly conduct in violation of Section 573.03 of the Codified Ordinances of the City of Fairborn. Semlesargues that his conviction is not supported by...
Morris v. Ohio Bur. of Emp. Serv. - 9/14/1993
WHITESIDE, Judge.
Appellant, the Administrator of the Ohio Bureau of Employment Services ("OBES"), appeals from a judgment in the Franklin County Court of Common Pleas granting unemployment compensation to appellee, Nicholas J....
State v. Thierbach - 9/8/1993
GORMAN, Judge.
The defendant-appellant, James Thierbach, appeals his conviction in the Hamilton County Municipal Court for operating a vehicle under the influence of alcohol. He contends that: (1) the court did not have...
State v. Breeze - 8/30/1993
FAIN, Judge.
Plaintiff-appellant, state of Ohio, appeals from a decision of the trial court granting a motion to suppress the results of a blood-alcohol test administered to defendant-appellee, M. Joyce Breeze. We conclude that...
State v. Collins - 8/11/1993
FRANCIS E. SWEENEY, SR., J.
Today we are asked to determine whether an offense classified as a minor misdemeanor is a misdemeanor for purposes of the involuntary manslaughter statute, R.C. 2903.04(B). For the following...
State v. Young - 7/1/1993
CHRISTLEY, Judge.
This is an accelerated calendar case. Appellant, Arnold Young, appeals his December 12, 1991 conviction under R.C. 4511.19(A)(3), driving under the influence of alcohol. Initially, appellant was also charged...
State v. Yoder - 6/23/1993
FRANCIS E. SWEENEY, SR., J.
The question presented by these appeals is whether a new radio frequency interference survey must be conducted when the intoxilyzer is removed from its testing location for service and repair,...
State v. Gardner - 6/22/1993
EVANS, Presiding Judge.
This is an appeal by the defendant, Edgar B. Gardner, from a judgment of the Municipal Court of Hardin County, Kenton, Ohio, finding him guilty of driving with a breath-alcohol level which surpassed the...
State v. Baker - 6/9/1993
QUILLIN, Presiding Judge.
Appellant, Jeremy M. Baker, appeals from his conviction of involuntary manslaughter. We reverse and remand.
On June 11, 1991, David Woods went to 237 Brace Avenue and purchased what he thought...
State v. Kutz - 4/23/1993
Per Curiam.
This is an appeal from a judgment of the Lucas County Court of Common Pleas. Appellant, William Kutz II, is appealing his conviction and sentence fosone count of aggravated vehicular homicide in violation of R.C....
Hanni v. Cleveland Elec. Illum. Co. - 4/21/1993
HARPER, Judge.
Plaintiff-appellant, Brian D. Hanni, appeals from a summary judgment entered by the Court of Common Pleas of Cuyahoga County in favor of defendant-appellee, Cleveland Electric Illuminating Company ("CEI"), on his...
Mason v. Loveless - 4/19/1993
Per Curiam.
Plaintiff-appellant, city of Mason, appeals a decision of the Mason Municipal Court granting a motion to suppress filed by defendant-appellee, Stewart J. Loveless.
On June 26, 1992, appellee was arrested for...
State v. Sckneider - 4/16/1993
STEPHENSON, Judge.
This is an appeal from a judgment of conviction and sentence entered by the Lawrence County Municipal Court, following a no contest plea, finding JoesSchneider, appellant herein, guilty of violating R.C....
State v. Mitchell - 4/15/1993
Per Curiam.
This is an appeal from a judgment of conviction and sentence entered by the Ross County Common Pleas Court. The court found Derek Mitchell, defendant below and appellant herein, guilty of drug abuse in violation of...
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