Tenth District Court of Appeals Upholds Trial Court’s Decision Invalidating OVI Arrest

On February 28, 2017, the Tenth District Court of Appeals issued a decision affirming the Franklin County Municipal Court’s ruling suppressing evidence and invalidating an OVI arrest, due to the lack of probable cause.

In the case of State v. Bracken, 2017-Ohio-721, the Tenth District issued a rather brief decision explaining its reasoning.  The relevant portions state as follows: [Read more…]

Can my Juvenile Court OVI count as a Prior Conviction if I get charged with an OVI (DUI) as an Adult?

An OVI (DUI) offense is one of a number of criminal and traffic offenses in which a prior conviction of that same offense can result in being charged with a higher degree violation and/or being subjected to increased penalties.  When charged with an OVI offense under Section 4511.19 of the Ohio Revised Code.  For example, having prior convictions for OVI may “enhance” a subsequent OVI charge, resulting in a felony, rather than a misdemeanor charge.  Prior OVI convictions will also often result in more serious consequences, even if the degree of the offense is not increased.  The question I often receive is whether a prior OVI case in Juvenile Court can be used to enhance a subsequent OVI committed as an adult.

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