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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Konicek v. Elyria - 3/25/1987
GEORGE, J.
Plaintiffs-appellants, Gordon and Diane Konicek, appeal the dismissal of their replevin action by the Elyria Municipal Court.
On January 5, 1985, several members of the Elyria Police Department stopped...
In re Smith - 12/15/1986
Per Curiam.
This cause came on to be heard upon an appeal from the Court of Common Pleas of Butler County.
On January 24, 1984, defendant appellant, Charles Smith, was adjudicated a delinquent child by reason of having...
State v. Kavlich - 12/12/1986
PRYATEL, J.
James Kavlich, defendant-appellant, was indicted for the following crimes: (1) two counts of aggravated vehicular homicide (of Laura Donnell and Frances Telekese) with driving under the influence of alcohol and...
Lodi v. McMasters - 11/5/1986
QUILLIN, J.
Defendant appeals the harsher sentence she received after thiscourt had remanded her case for a new trial. We affirm.
Ruth McMasters was arrested in the village of Lodi and charged with the following offenses:...
State v. Reineke - 8/12/1986
MCCORMAC, J.
Defendant-appellant, Joseph A. Reineke III, entered a guilty plea to the offense of driving a motor vehicle while having a blood-alcohol content in excess of .10 percent in violation of R.C 4511.19(A)(3), commonly...
State v. Burger - 8/11/1986
FORD, J.
Defendant-appellant, Laurie Burger, appeals the decision of the Portage County Court of Common Pleas convicting her of operating a motor vehicle while under the influence of alcohol, in violation of R.C. 4511.19(A)(3)....
State v. Scheurell - 6/24/1986
NORRIS, J.
Defendant appeals from his conviction for vehicular homicide, under R.C. 2903.07, and the jury's additional determination that he was under the influence of alcohol, which finding resulted in the permanent revocation...
Noble v. Bur. of Motor Vehicles - 6/12/1986
GUERNSEY, J.
This is an appeal by plaintiff-appellant, Keith E. Noble, from a judgment in a proceeding filed by him in the Franklin County Municipal Court under the provisions of R.C. 4511.191(F), seeking to set aside the...
State v. Gabor - 6/11/1986
GEORGE, J.
Defendant-appellant, Paul Gabor, appeals his conviction for operating a motor vehicle while under the influence of alcohol. R.C. 4511.19(A)(1).
At 9:45 p.m. on September 6, 1985, a hit-and-skip accident...
State - 5/28/1986
BLACK, J.
Although the issues raised by appellant under his single assignment of error challenge the denial of his petition for a writ of mandamus as being contrary to law, the dispositive issue in this case is whether the...
State v. Johnson - 4/23/1986
Per Curiam.
In response to what has been labeled as "* * * the catastrophes associated with drunk driving, the tragic loss of life and the permanent debilitating injuries that * * * have reached nearly epidemic...
State v. Torres - 4/2/1986
GEORGE, P.J.
Defendant-appellant Joel Ezra Torres appeals the sentence imposed on his plea of guilty to counts of aggravated vehicular homicide (R.C. 2903.06) and involuntary manslaughter (R.C. 2903.04 ). This court reverses in...
State v. Plummer - 3/19/1986
CELEBREZZE, C.J.
in the case sub judice appellant contends that in order for a urinalysis test result to be admissible in a prosecution under R.C. 4511.19, the urine sample must be treated in compliance with...
State v. Cleary - 3/12/1986
CORRIGAN, J.
On November 12, 1983, after working approximately fifteen hours, the appellant parked his automobile in the parking lot of a King Kwik store in Cincinnati at approximately 10:00 p.m. and walked around the...
State v. Murphy - 2/28/1986
Per Curiam.
This cause came on to be heard upon an appeal from the Franklin Municipal Court.
On March 17, 1985 at approximately 2:15 a.m., a vehicle operated by defendant-appellant, Penny Murphy, struck the rear of...
State v. Bakst - 2/19/1986
BLACK, J.
Defendant-appellant Sanford Bakst ("defendant") was convicted in a jury trial of operating a vehicle while under the influence of alcohol, in violation of R.C. 4511.19(A)(1). On appeal, he contends in six assignments...
State v. Nagel - 2/5/1986
GEORGE, P.J.
Defendant-appellant, Carl Nagel, appeals his conviction for driving under the influence of alcohol and driving with a prohibited blood-alcohol content pursuant to R.C. 4511.19(A)(1) and (3). This court affirms. ...
State v. Buell - 12/9/1985
JONES, J.
Defendant-appellant, Lizabeth J. Buell, appeals her conviction of operating a motor vehicle while under the influence of alcohol in violation of Fairfield Codified Ordinances Section 333.01(a). Trial was conducted in...
State - 11/20/1985
HOLMES, J.
The question presented by this appeal is whether a writ of mandamus shall issue to compel the Clerk of the Miami County Municipal Court to make available to appellants the recorded information identified as...
State v. Howiler - 9/30/1985
DAHLING, P.J.
This is an appeal from the Lake County Court of Common Pleas wherein after a trial by jury, defendant Shirley Howiler was found guilty of aggravated vehicular homicide and leaving the scene of an accident. The...
State v. Conover - 7/10/1985
GEORGE, P.J.
The state appeals the order of the trial court suppressing the results of a blood test in a prosecution for driving while under the influence of alcohol. This court reverses that judgment.
On November 10,...
State v. Rafter - 7/3/1985
Per Curiam.
This cause came on to be heard upon an appeal from the Court of Common Pleas of Hamilton County.
Appellant was arrested by the Terrace Park, Ohio police on April 6, 1984. His intoxilyzer test registered a .19...
Toledo v. Fogel - 3/29/1985
HANDWORK, J.
This matter is before the court on defendant-appellee's motion to dismiss the state's appeal from a suppression order of the Toledo Municipal Court. Appellee, John K. Fogel, is charged with operating a vehicle...
State v. Finch - 3/25/1985
Per Curiam.
This cause came on to be heard upon the appeal from the County Court of Brown County, Ohio.
On May 22, 1984, in Brown County, Ohio, Ranger Natalie Jones of the Lake Waynoka Rangers was informed by one Mickey...
State v. Evans - 2/15/1985
DAHLING, P.J.
This is an appeal from a judgment of the Portage County Municipal Court, Ravenna, in which after a no contest plea, defendant, Calvin D. Evans, was found guilty of driving under the influence of alcohol in...
State v. Bernard - 1/24/1985
GEORGE, J.
This is an appeal from the granting of a motion to suppress evidence in a prosecution for driving while under the influence of alcohol and with a prohibited blood alcohol concentration. This court reverses the...
Weir v. Rimmelin - 12/28/1984
HOLMES, J.
This appeal centers on the authority of different governmental entities to regulate outdoor advertising billboards within a municipality's corporate boundaries. The precise issue is whether a city has...
State v. Tanner - 12/6/1984
LOCHER, J.
Appellant attacks the constitutionality of R.C. 4511.19(A)(2) on three grounds. For the reasons set forth below we reject appellant's contentions and affirm the court of appeals in upholding the...
State v. Rollyson - 10/31/1984
MAHONEY, P.J.
Defendant Gloria Rollyson appeals her conviction for driving while intoxicated in violation of R.C. 4511.19. We reverse and remand.
On March 3, 1984, Patrolman Steen of the Ohio State Highway Patrol observed...
State v. Ryan - 10/24/1984
KLUSMEIER, J.
On May 27, 1983 defendant-appellee, Michael F. Ryan, was arrested and charged with driving a motor vehicle while under the influence of alcohol or drugs in violation of R.Cs4511.19(A)(1) and 4511.19(A)(3)....
State v. Dixon - 9/4/1984
WEBER, J.
Appellant, James A. Dixon, was convicted of a violation of R.C. 4511.19, driving while intoxicated, and was sentenced to three days in jail by the Springfield Municipal Court. He appeals the sentence (not conviction)...
State v. Fischer - 8/6/1984
COLE, J.
This is an appeal by the state of Ohio, from a judgment rendered by the Municipal Court of Marysville on June 8, 1983, in case No. 83TRC721. A companion case No. 83TRC722 is appealed in number 14-83-8.
The cases...
State v. Van Fossen - 7/26/1984
REILLY, J.
Defendant, Daryl Van Fossen, appeals from his conviction of operating a motor vehicle with a concentration of alcohol of .1 gram or more per two hundred ten liters of breath, R.C. 4511.19(A)(3), and speeding, entered...
State v. Vega - 7/25/1984
Per Curiam.
The issue presented is whether an accused may use expert testimony to attack the general reliability of intoxilyzers as valid, reliable breath testing machines in view of the fact that the General Assembly...
State v. Blatnik - 7/20/1984
DOUGLAS, J.
This matter is before the court on appeal from judgment of the Port Clinton Municipal Court. Appellant, Spencer D. Blatnik, pled guilty to charges that he had violated R.C. 4511.19(A)(1) and 4507.02. The trial court...
State v. Mendieta - 7/13/1984
DOUGLAS, J.
This case comes before this court on appeal from the judgment of the Bowling Green Municipal Court.
On October 1, 1983, appellant, Ferran O. Mendieta, was arrested for speeding in violation of R.C. 4511.21 and...
State v. Stinson - 7/5/1984
GEORGE, J.
On June 3, 1983, the appellant, Jeffrey H. Stinson, was involved in a car accident which resulted in the death of his ten-month-old nephew. Appellant was injured in the accident. He was taken to a hospital for...
Xenia v. Manker - 6/6/1984
WEBER, J.
On or about March 30, 1983, defendant-appellant, Jerry W. Manker, was arrested and charged with violating city of Xenia Ordinances 331.01(A)(1), driving a motor vehicle while under the influence; 331.39(A)(5), failure...
State v. Ward - 5/31/1984
Per Curiam.
This cause came on to be heard upon an appeal from the Hamilton Municipal Court of Butler County, Ohio.
Defendant-appellant, George T. Ward, was charged with driving under the influence of alcohol contrary to...
State v. Cichy - 5/25/1984
RESNICK, J.
This is an appeal from the Sylvania Municipal Court. The facts precipitating this appeal are rather straightforward, and are briefly set forth below.
On May 3, 1983, the appellant herein, Daniel D. Cichy, Jr.,...
State v. Smith - 4/25/1984
BLACK, J.
Effective March 16, 1983, the Ohio General Assembly amended the provisions of R.C. 4507.16 relating to the suspension or revocation of the driver's licenses of persons who are convicted of or plead guilty to certain...
Columbus v. Adams - 4/11/1984
CELEBREZZE, C.J.
The sole issue presented by the instant appeal is whether the order that an accused operator's license be suspended prior to the adjudication of charges of violating R.C. 4511.19 or a municipal ordinance...
State v. Konicek - 4/9/1984
MARKUS, J.
Defendant appeals from the denial of his motion to dismiss his aggravated vehicular homicide charge on double jeopardy grounds. He argues that his previous conviction for driving while intoxicated constituted a...
Disciplinary Counsel v. Zauderer - 4/4/1984
CLIFFORD F. BROWN, J.
This is a case of first impression in Ohio concerning the constitutional validity of Disciplinary Rules which restrict the content of legal service advertisements. Specifically, the question...
Gatts v. State - 3/21/1984
KLUSMEIER, J.
This appeal presents a question of the constitutionality of Ohio Adm. Code 4501:1-1-16. The plaintiff-appellant, Jim E. Gatts, was convicted of driving under the influence of intoxicating liquor on June 4, 1980,...
Oregon v. Lemons - 3/9/1984
RESNICK, J.
This is an appeal from the Oregon Municipal Court. Appellant, Denny Lemons, was arrested, tried, convicted, and sentenced accordingly for violating Oregon Municipal Code (OMC) Section 333.01(a)(3). This section of...
State v. Woerner - 3/1/1984
MCCORMAC, P.J.
Defendants-appellants, Therron Woerner and Ralph J. Dupler, entered no contest pleas to violations of R.C. 4511.19(A)(3), after which the court found them guilty as charged and sentenced them accordingly. The...
State v. Schell - 2/21/1984
JONES, J.
At 12:58 a.m. on March 19, 1983, Trooper Douglas McKinney of the Ohio State Highway Patrol was at the intersection of State Route 32 and old State Route 74 in the Mt. Carmel area. McKinney observed a 1976 blue...
State v. Tu - 2/10/1984
HANDWORK, J.
This case is before the court on appeal from a judgment of the Perrysburg Municipal Court.
The essential facts are not in dispute. On November 21, 1981, Hung Q. Tu, defendant-appellant herein, was involved in...
State v. Maloney - 1/30/1984
HENDRICKSON, P.J.
Defendant-appellant, Daniel Maloney, was apprehended for weaving erratically in and out of his lane on Interstate 275. When the officer approached the vehicle, he observed an object between the driver's seat...
State v. Coyle - 1/25/1984
BAIRD, J.
Defendant-appellee Brian G. Coyle was convicted of reckless operation of a motor vehicle in violation of R.C. 4511.20 and was fined $100 and his license was suspended for six months. We affirm.
Coyle was cited...
State v. Ulrich - 1/13/1984
RESNICK, J.
Michael Ulrich, appellee herein, was charged with violating R.C. 4511.19(A)(1), 4511.19(A)(3), and 4511.33 in Wood County, Ohio, on April 2, 1983. Subsequently, the appellant, state of Ohio, dismissed the charges...
State v. Davis - 11/30/1983
BROGAN, P.J.
In the early morning hours of June 13, 1982, Howard C. Davis, defendant-appellant herein, was involved in a fatal automobile accident on U.S. Route 68 in Clark County, Ohio. Davis was operating his vehicle...
State v. Wilcox - 11/16/1983
MILLIGAN, J.
Defendant-appellant, Daniel L. Wilcox, was convicted of driving while intoxicated pursuant to R.C. 4511.19(A)(3). This recent amendment prohibits operation of a motor vehicle with a breath alcohol concentration at...
State v. Butcher - 11/11/1983
HANDWORK, J.
This case is before the court on appeal from a judgment of the Fostoria Municipal Court.
On April 3, 1983, defendant-appellant, Tammy Butcher, was driving her car north on Bradner Road in Perrysburg Township...
Woyma v. Ciolek - 11/7/1983
PRYATEL, J.
Plaintiff-appellee, Ann Marie Woyma, filed suit against appellant's decedent, Herman Shackelford, alleging damages resulting from Shackelford's negligent operation of his motor vehicle. Woyma requested the trial...
State v. Harris - 10/26/1983
KLUSMEIER, J.
The defendant, Mark J. Harris, was arrested on June 17, 1982 and charged with interference with the custody of a minor in violation of R.C. 2919.23, a misdemeanor of the third degree. The occurrences leading to...
State v. Caudill - 9/30/1983
JONES, J.
On the evening of April 9, 1982, defendant-appellant, Michael Caudill, was at the Dixie Electric Company, a bar located in Fairfield, Ohio. Appellant left the bar a little after 12:00 a.m. and proceeded to drive...
State v. Ulrich - 8/8/1983
DOUGLAS, J.
This matter is before the court upon the motion of the state of Ohio for leave to appeal, notice of appeal filed by the state and memorandum in support of jurisdiction. The defendant in the trial court has, pursuant...
State v. Vaughn - 6/29/1983
BLACK, P.J.
Defendant Adam A. Vaughn pleaded guilty as charged to possession of dangerous ordnance (a sawed-off shotgun) in violation of R.C. 2923.17, a felony of the fourth degree. This is a nonprobationable offense under R.C....
State v. Clark - 6/22/1983
COLE, J.
This is a prosecutor's appeal pursuant to Crim. R. 12(J) from a motion to suppress that was granted in the County Court of Paulding County.
On May 27, 1982 the defendant-appellee, Charles Clark, was arrested by...
State v. Dudock - 3/23/1983
GEORGE, J.
On April 2, 1982, the appellant, Michael Dudock, blacked out while driving his car. The car ran off the road, striking two children. One child was killed, the other was seriously injured. A breathalyzer test...
State v. Kivell - 2/18/1983
RESNICK, J.
This is an appeal from the Maumee Municipal Court. The appellant herein, a Michigan resident and holder of a valid Michigan driver's license, was found guilty by the court after entering a plea of no contest to the...
State v. Stacy - 2/16/1983
MAHONEY, P.J.
Bearl T. Stacy, Jr., defendant-appellant, challenges his conviction for driving while intoxicated in violation of R.C. 4511.19. We affirm.
On March 16, 1982, Lorain County Deputy Sheriff, Jimmy Dean...
State v. Long - 2/10/1983
REILLY, J.
Defendant was indicted for one count of aggravated vehicular homicide (R.C. 2903.06). He filed a motion to dismiss on the ground of double jeopardy. The parties stipulated the facts which read as follows:
"1....
State v. Foster - 12/22/1982
HENDRICKSON, P.J.
Appellant, Barry V. Foster, was stopped by a State Highway Patrol officer and charged with driving under the influence of alcohol in violation of R.C. 4511.19. A not guilty plea was entered and the cause was...
State v. Dress - 12/17/1982
WILEY, J.
This case comes before the court on appeal from a judgment of the Maumee Municipal Court, wherein defendant-appellant, Emery A. Dress, was convicted and sentenced for violating R.C. 4511.19 (driving while...
Blue Ash v. Madden - 12/15/1982
Per Curiam.
This cause came on to be heard upon an appeal from the Hamilton County Municipal Court.
Defendant-appellant, John Madden, was cited to the Blue Ash Mayor's Court for two charges of driving under the influence...
State v. Koder - 8/6/1982
CONNORS, P.J.
This cause comes on appeal from the conviction and sentencing of appellant, Paul M. Koder, by the Perrysburg Municipal Court for driving while intoxicated and speeding.
The parties have entered into an...
Cuyahoga Falls v. Simich - 5/26/1982
MAHONEY, P.J.
The defendant-appellant, Keith M. Simich, appeals his conviction in the Cuyahoga Falls Municipal Court for driving under the influence of alcohol (Cuya. Falls Ord. 333.01 ), based upon a guilty plea "accepted" by...
State v. Emch - 5/21/1982
COLE, P.J.
This is an appeal from a judgment of conviction and sentence of the defendant-appellant, Gary L. Emch, by the Municipal Court of Findlay for the offense of driving under the influence of alcohol. The defendant, in...
Haas v. State - 5/5/1982
VICTOR, P.J.
Petitioner-appellant, Henry R. Haas, was arrested on November 14, 1980, and charged with driving while intoxicated. Petitioner refused to submit to a chemical test to determine the alcohol content of his blood, and...
State v. Grimsley - 2/10/1982
BLACK, J.
Ms. Grimsley was convicted in a bench trial of driving under the influence of alcohol in violation of R.C. 4511.19. An intoxilyzer test indicated a concentration of twenty-one hundreds of one percent (0.21 percent) by...
State v. Taylor - 12/30/1981
Per Curiam.
This cause came on to be heard upon an appeal from the Hamilton County Municipal Court.
On October 27, 1980, defendant-appellee Troy Taylor was stopped for speeding. The arresting officers detected an odor of...
State v. Howell - 12/30/1981
MCKEE, J.
This is an appeal by the state of Ohio pursuant to leave having been granted under R.C. 2945.67. The appeal is from the sentence imposed by the trial court.
The proceedings giving rise to the sentence are simply...
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