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. Kincer - 11/14/2003
. Defendant-appellant Kenneth A. Kincer appeals from his conviction and sentence, following a no-contest plea, for driving under the influence of alcohol or drugs. Kincer contends that the trial court erred in overruling his motion...
City of Cleveland v. Dames - 11/13/2003
. This case came to be heard upon the accelerated calendar pursuant to App.R. 11.1 and Loc.R. 11.1, the record from the lower court, the briefs and the oral arguments of counsel. The purpose of an accelerated calendar is to allow...
State v. Bucher - 11/10/2003
. This appeal is brought by the State of Ohio from the judgment of the Municipal Court of Crawford County granting the appeal of the administrative license suspension of David G. Bucher, II ("Bucher").
. On October 18, 2002,...
State v. Glagola - 11/10/2003
Appellant Carol Glagola appeals the decision of the Stark County Court of Common Pleas that found her guilty of reckless homicide with a firearm specification. The following facts give rise to this appeal.
On July 27, 2002,...
Village of Gates Mills v. Wazbinski - 11/6/2003
JUDGMENT AFFIRMED.
. The appellant, Robert Wazbinski, appeals the decision of the Lyndhurst Municipal Court, which denied his motion to suppress blood alcohol test results. Wazbinski was found guilty by a jury and sentenced...
State v. Kaplowitz - 11/5/2003
Criminal law - Statutory construction - Effect of reenactment, amendment, or repeal - R.C. 1.58(B) does not apply to give a criminal defendant the benefit of a reduced sentence if, by applying it, the court alters the nature of the...
State v. Wisby - 10/31/2003
Judgment Appealed From Is: Affirmed
. The plaintiff-appellant, the state of Ohio, appeals from the trial court's order overturning the administrative license suspension ("ALS") of the defendant-appellee, Christopher Wisby. The...
State v. Brunkala - 10/31/2003
. Appellant, Timothy P. Brunkala, appeals the August 23, 2002 judgment entry of the Willoughby Municipal Court, in which he was convicted of and sentenced for driving under the influence of alcohol.
. Appellant was issued a...
State v. Cox - 10/30/2003
Defendant-appellant Michael Lee Cox appeals his conviction and sentence in the Richland County Court of Common Pleas on one count of felonious assault. Plaintiff-appellee is the State of Ohio.
STATEMENT OF THE FACTS AND THE...
City of Akron v. Smith - 10/29/2003
decision and journal entry
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
Appellant, the City of Akron ("City") appeals the decision of...
State v. Stalnaker - 10/29/2003
decision and journal entry
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
BATCHELDER, Judge.
Appellant, Justin Stalnaker, appeals...
State v. Ward - 10/28/2003
DECISION AND JUDGMENT ENTRY
. Bernard Ward appeals his conviction for aggravated vehicular homicide. He contends his conviction is against the sufficiency and weight of the evidence because the state did not prove he acted...
Stenglein v. Nelson - 10/24/2003
. Mark S. Stenglein ("Stenglein") appeals the December 9, 2002 judgment entry of the Portage County Court of Common Pleas granting Donna L. Nelson's ("Nelson") motion for summary judgment. For the reasons set forth below, we affirm...
State v. Salter - 10/23/2003
. Defendant-appellant James Salter ("Salter") appeals his conviction and sentence for driving under the influence, a third degree felony. Finding no merit to the appeal, we affirm.
. In June 2002, Salter was indicted in a...
State v. Burnside - 10/22/2003
Motor vehicles - Driving while intoxicated - Blood test used to determine alcohol content - State does not substantially comply with Ohio Adm.Code 3701-53-05 when it fails to use a solid anticoagulant in a blood test.
Submitted...
State v. Prosser - 10/17/2003
DECISION
Judgment Appealed From Is: Reversed and Cause Remanded
. On May 24, 1984, Terry Prosser entered a guilty plea to aggravated vehicular homicide, in violation of R.C. 2903.06. On June 21, 1984, the trial court...
In re Blunt - 10/17/2003
Appellant Lloyd Clark appeals (Case No. 2003 AP 07 0053) from the June 5, 2003, Judgment Entry of the Tuscarawas County Court of Common Pleas, Juvenile Division, granting permanent custody of Albert Blunt, Jr. to the Tuscarawas...
State v. Hosey - 10/17/2003
JUDGMENT: Affirmed
On September 20, 2002, the Licking County Grand Jury indicted appellant on one count of felony driving under the influence, one count of driving under suspension, and one count of possession of drug...
State v. Wilson - 10/13/2003
Defendant-appellant, Jeremy Wilson, appeals the decision of the Clinton County Court of Common Pleas, revoking his community control and imposing a prison sentence. We affirm the common pleas court's decision.
In January...
State v. Gower - 10/10/2003
. This case involves charges of operating a motor vehicle while under the influence of alcohol and speeding. After a bench trial, defendant-appellant Jerry Gower was found guilty of both charges and was sentenced accordingly. Gower...
Judy v. Ohio Bureau of Motor Vehicles - 10/8/2003
Motor vehicles - Driving while intoxicated - Former R.C. 4511.191(L) authorized the Ohio Bureau of Motor Vehicles to collect only one reinstatement fee from a driver who had made a single request for a license reinstatement after...
Judy v. Ohio Bureua of Motor Vehicles - 10/8/2003
100 Ohio St.3d ___, 2003-Ohio-5277
Motor vehicles - Driving while intoxicated - Former R.C. 4511.191(L) authorized the Ohio Bureau of Motor Vehicles to collect only one reinstatement fee from a driver who had made a single...
State v. Agaja - 9/30/2003
DECISION AND JUDGMENT ENTRY
. This is an appeal from a judgment of the Perrysburg Municipal Court that imposed a previously suspended jail sentence after the court determined that defendant-appellant, James Agaja, had violated...
Maunz v. Eisel - 9/30/2003
DECISION AND JUDGMENT ENTRY
. This is an appeal from a judgment of the Lucas County Court of Common Pleas, in which the trial court granted summary judgment to appellee, Valleywood Golf Club, and dismissed a complaint filed by...
In re Mercurio - 9/29/2003
Appellant, Phyllis Woods ("Ms. Woods"), appeals the decision of the Butler County Court of Common Pleas, Juvenile Division, granting permanent custody of two of her children to the Butler County Children Services Board ("BCCSB")....
State v. Howard - 9/29/2003
JUDGMENT: Judgment reversed and cause remanded.
. Plaintiff-Appellant, the State of Ohio, appeals a Seneca County Common Pleas Court dismissal of a carrying a concealed weapon charge against Defendant-Appellee, Kathryn Howard....
State v. Wilson - 9/26/2003
DECISION
. Defendant-appellant Bennie Wilson appeals his conviction on two counts of aggravated assault. Wilson had been indicted on two counts of felonious assault, but, after a bench trial, had been found guilty of the lesser...
State v. Schultz - 9/26/2003
. Appellant, John Schultz ("Schultz"), appeals the judgment of the Mentor Municipal Court which denied his motion to suppress. We affirm.
. On the night of January 27, 2002, Patrolman Walker of the Mentor Police Department...
State v. Mayl - 9/26/2003
. Defendant, John Mayl, appeals from his conviction and sentence for aggravated vehicular homicide, R.C. 2903.06(A)(1), which were entered on Mayl's plea of no contest after the trial court denied his Crim.R. 12(C)(3) motion to...
State v. Wolfe - 9/24/2003
DECISION AND JOURNAL ENTRY
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
. Appellant, Richard K. Wolfe, appeals from the decision of...
Hooten v. Safe Auto Insurance Company - 9/24/2003
Civil procedure - Summary judgment - Trial court need not notify parties of the date of consideration of a motion for summary judgment or the deadlines for submitting briefs and Civ.R. 56 materials, when.
Submitted May 14, 2003 ...
City of Akron v. Buchwald - 9/24/2003
DECISION AND JOURNAL ENTRY
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
. Defendant-Appellant Michael P. Buchwald has appealed from...
State v. House - 9/22/2003
. House was convicted of: four counts of felonious assault, each with peace officer specifications; failure to comply with an order or signal of a police officer; and driving under the influence of alcohol. We remanded his case for...
State v. Cano - 9/18/2003
(REGULAR CALENDAR)
DECISION
.Defendant-appellant Charles E. Cano ("appellant") was charged with operating a motor vehicle while under the influence of alcohol ("OMVI impaired"), in violation of Columbus City Code ("CCC") §...
Gainer v. Ohio Department of Rehabilitation and Correction - 9/16/2003
Appellant George L. Gainer, Jr. appeals the November 5, 2002 Judgment Entry of the Tuscarawas County Common Pleas Court which dismissed his complaints seeking declaratory and injunctive relief against appellees the Ohio Department...
State v. Murphy - 9/15/2003
DECISION AND JUDGMENT ENTRY
. Michael L. Murphy appeals his conviction and sentence in the Marietta Municipal Court for driving under the influence, a violation of R.C. 4511.19(A)(1). Murphy contends his conviction is not...
State v. Pulaski - 9/12/2003
. Teresa Pulaski, appellant, is appealing the judgment of the Montgomery County Common Pleas Court, which found her guilty of two counts of vehicular assault.
. Teresa Pulaski drove herself and her friend, Ryan Ladd, to a bar...
State v. Davis - 9/12/2003
Rendered on the 12th day of September, 2003.
. After a jury trial, Defendant-Appellant Charles Davis was convicted of tampering with evidence (Count IV), having weapons under disability (Count V), and two counts of involuntary...
State v. Wolf - 9/11/2003
JUDGMENT: Affirmed
. Defendant-appellant, Michael P. Wolf, appeals his conviction in the Belmont County Court, Eastern Division, after pleading no contest to driving under the influence ("DUI") in violation of R.C....
State v. Moore - 9/11/2003
JUDGMENT: Affirmed.
. Defendant-appellant Curtis Youngia Moore appeals from the entry of the Belmont County Common Pleas Court, which sentenced him to eleven months in prison after he pled guilty to attempted trafficking in...
State v. Kelly - 9/10/2003
{1} Appellant, Edward Kelly IV, appeals from the judgment of the Medina Municipal Court, which found him guilty of driving under the influence and enhanced his sentenced based upon a prior juvenile adjudication. We affirm.
I. ...
State v. Rizzo - 9/5/2003
Judgment: Affirmed.
. Ernest Rizzo, Jr. ("appellant") appeals the decision of the Eastern District Court of Trumbull County. In that decision, the trial court found appellant guilty of driving under the influence of drugs, a...
City of Columbus v. Barnes - 9/4/2003
. Defendant-appellant, Lamarr E. Barnes, appeals from multiple judgments of the Franklin County Municipal Court finding him guilty of one count of driving under the influence of alcohol or drugs ("DUI") in violation of Columbus City...
State v. Ritze - 8/29/2003
DECISION
Judgment Appealed From Is: Reversed and Cause Remanded
. Defendant-appellant, Cornelius Brandon Ritze, appeals from a conviction for driving under the influence of alcohol pursuant to R.C. 4511.19(A)(1). He...
State v. Hummel - 8/29/2003
Judgment: Reversed and remanded.
. The state appeals from the judgment of the Portage County Municipal Court, Ravenna Division, which granted appellee Albert H. Hummel's motion to suppress. We reverse.
. Based on the...
State v. Staten - 8/26/2003
DECISION AND JUDGMENT ENTRY
. The Athens County Municipal Court found Thomas Staten guilty of operating a motor vehicle while under the influence of alcohol ("OMVI"). Staten appeals the court's decision to deny his motion to...
State v. Robbins - 8/25/2003
Defendant-appellant, James Robbins, appeals the denial of his motion to suppress evidence and subsequent conviction by the Clermont County Municipal Court for driving under the influence. We affirm the trial court's decision. ...
State v. Young - 8/25/2003
. Plaintiff-Appellant, the State of Ohio, appeals a Marion County Common Pleas Court decision wherein the court found that the prosecuting attorney had no authority to request a hearing to determine whether Defendant-Appellee,...
State v. Gonzalez - 8/22/2003
Judgment Appealed From Is: Affirmed
. We affirm defendant-appellant Nader Gonzalez's conviction on two counts of felonious assault for his failure to disclose to a sexual partner his knowledge that he was HIV-positive. This...
State v. Hughbanks - 8/20/2003
Criminal law - Aggravated murder - Death penalty upheld, when.
Submitted April 29, 2003
. In this appeal, Gary Hughbanks Jr. ("Hughbanks") raises 15 propositions of law. For the reasons that follow, we reject them. We have...
State v. Lovell - 8/18/2003
JUDGMENTS: Judgments reversed and cause remanded.
. Defendant-appellant David A. Lovell ("Lovell") brings this appeal from the judgment of the Tiffin City Municipal Court finding him guilty of driving while under an...
State v. Beagle - 8/15/2003
Rendered on the 15th day of August, 2003.
. Defendant-appellant Larry Beagle appeals from his conviction and sentence for DUI, following a no-contest plea. Beagle contends that the trial court erred by denying his motion to...
State v. Maurer - 8/11/2003
JUDGMENT: Affirmed
Appellant Joshua Michael Maurer appeals his conviction in the Canton Municipal Court for driving while intoxicated. The relevant facts leading to this appeal are as follows.
On April 27, 2002, at...
State v. Pringle - 8/11/2003
. Although this appeal was originally placed on our accelerated calendar, we have elected, pursuant to Local Rule 12(5), to issue a full opinion in lieu of a judgment entry.
. Defendant-Appellant, Roger Pringle, appeals pro...
State v. Bucher - 8/11/2003
JUDGMENT: Judgment reversed and cause remanded.
. This appeal, having been heretofore placed on the accelerated calendar, is being considered pursuant to App. R.11.1(E) and Local Rule 12. Pursuant to Loc.R. 12, we hereby elect...
State v. Cossin - 8/5/2003
DECISION AND JUDGMENT ENTRY
. Rex Cossin ("Cossin") appeals his sentence of eighteen months in prison following a violation of his community control sanctions imposed for an underlying assault on a peace officer. Cossin argues...
State v. Arment - 8/1/2003
Rendered on the 1st day of August, 2003.
. Robert Arment appeals from his conviction and sentence in the Montgomery County Common Pleas Court on one count of possession of crack cocaine in an amount less than one gram.
...
State v. Smith - 7/31/2003
JUDGMENT: Affirmed.
. In this accelerated appeal, appellant Jason C. Smith appeals from the one-year sentence imposed for his conviction for unlawful sexual conduct with a minor. On appeal, he assigns the following error for...
State v. Rajchel - 7/25/2003
Rendered on the 25th day of July, 2003.
. Joseph Rajchel is appealing the judgment of the Dayton Municipal Court, which found him guilty of driving under the influence.
. On January 17, 2001, at approximately 8:43 p.m.,...
State v. Anderson - 7/25/2003
DECISION
Judgment Appealed From Is: Reversed and Remanded.
. Defendant-appellant David G. Anderson appeals from his conviction following a jury trial for operating a bicycle while intoxicated in violation of R.C....
State v. Kuhn - 7/25/2003
JUDGMENT: Affirmed.
. This appeal arises from the conviction of Appellant Phillip M. Kuhn in the Belmont County Court, Northern Division, on one count of driving under the influence of alcohol ("DUI") in violation of R.C....
State v. Thompson - 7/24/2003
. Defendant-appellant Gerald Thompson appeals his convictions for aggravated murder, abuse of a corpse, and domestic violence, entered after a jury trial. We find merit to the appeal in part and vacate Thompson's sentence and remand...
State v. Tamburin - 7/23/2003
DECISION AND JOURNAL ENTRY
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
Appellant, Michael Tamburin, appeals the decision of the...
State v. Rush - 7/22/2003
JUDGMENT: Affirmed
On June 24, 2002, appellant Adam Rush was charged with driving under the influence of alcohol in violation of R.C. 4511.19 (A)(1)and (A)(3). The ticket alleged that he was driving with a blood alcohol...
State v. Schulte - 7/18/2003
DECISION
Judgment Appealed From Is: Affirmed
. Intervenor/appellant, the city of Cheviot, appeals from the trial court's dismissal of its Civ.R. 24(A) motion to intervene. We affirm.
. A Cheviot police officer...
State v. Driesbaugh - 7/18/2003
Judgment: Affirmed.
. Appellant, Sarah Driesbaugh, appeals her conviction on one count of aggravated vehicular assault with an alcohol specification, former R.C. 2903.08, driving while under the influence of alcohol, R.C....
State v. Harrington - 7/7/2003
On August 2, 2002, Alliance Police Department Patrolman James Hilles stopped a vehicle being driven by one Nathaniel Crump. Patrolman Hilles believed Mr. Crump's driving privileges had been suspended. Appellant, Christopher...
State v. Hull - 7/7/2003
JUDGMENT: Reversed, Plea Vacated and Remanded.
. This matter comes for consideration upon both the record in the trial court and the parties' briefs. Appellant Theresa Hull appeals the decision of the County Court No. 4...
State v. Rockburn - 7/3/2003
JUDGMENT AFFIRMED
. This is an appeal from an order of Judge Kathleen A. Sutula that denied appellant Robert Rockburn's pre-trial motion to dismiss a prior conviction specification that enhanced a charge of driving under the...
State v. Wright - 6/30/2003
JUDGMENT: Affirmed
The State of Ohio appeals a judgment of the County Court of Morgan County, Ohio, which sustained defendant/appellant Gary M. Wright's motion to suppress, finding the officer did not have probable cause to...
State v. Lyons - 6/30/2003
Judgment: Affirmed.
. Jeremiah Lyons ("appellant") appeals the judgment of conviction by the Ashtabula County Common Pleas Court. The trial court's judgment was entered upon a jury's verdict finding appellant guilty on three...
State v. Menendez - 6/30/2003
OPINION and JOURNAL ENTRY
. This cause comes on appeal from an October 3, 2002 judgment of Mahoning County Court No. 4 imposing a fine and sentencing appellant to 180 days in jail (170 days suspended) after his no contest plea...
State v. Schwartz - 6/27/2003
JUDGMENT: Affirmed
Appellant Rebecca Schwartz appeals the decision of the Perry County Court which denied her motion to suppress the Horizontal Gaze Nystagmus ("HGN") test results and denied her the right to cross-examine the...
State v. Menking - 6/27/2003
DECISION AND JUDGMENT ENTRY
. The Marietta Municipal Court found Norma C. Menking guilty of operating a motor vehicle while under the influence of alcohol ("OMVI"). Menking appeals the court's decision to deny her motion to...
State v. Whitaker - 6/27/2003
Rendered on the 27th day of June, 2003.
. Defendant-appellant Corey M. Whitaker appeals from his conviction and sentence, following a no-contest plea, for Driving a Motor Vehicle with a Prohibited Breath Alcohol Concentration,...
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