The court of appeals for the second district in Montgomery County, Ohio, recently decided a new Huber Heights OVI case in State v. Rawnsley, 2011-Ohio-5696.
The defendant was charged with OVI / DUI (which is the same thing) and aggravated vehicular assault in Huber Heights, Ohio, near Dayton in Montgomery County. The OVI lawyer objected to the blood test.
The trial court granted the motion to suppress the results testing the defendant’s blood alcohol content or BAC filed by the defendant’s OVI lawyer in Dayton, Ohio. The prosecutor appealed the decision.
The court of appeals affirmed the trial court’s decision granting suppression of the evidence. They used the arguments below to justify the decision in this OVI case in Dayton, Ohio.
The court of appeals decided that consent for the blood draw was not made knowingly and intelligently since the defendant was improperly told she was under arrest. The police also incorrectly advised her that if she failed to allow the blood draw her license would be suspended immediately.
The court of appeals also affirmed the trial court’s finding that the prosecutor failed to show that the warrantless blood draw was constitutional where there were no exigent circumstances.
Want to know if your blood test results can be used against you in your case? Call the OVI attorney’s at Suhre & Associates if you have been arrested for OVI in the Dayton area – including: Montgomery, Greene, Miami, Darke, Clark, Clinton, Allen, Ross, or Champaign counties; or, in the following cities: Riverside, Oh., Kettering, Oh., West Carrollton, Oh., Huber Heights, Oh., Trotwood, Oh., Beavercreek, Oh., Vandalia, Oh., Centerville, Oh., Miamisburg, Oh., Englewood, Oh., Fairborn, Oh., Clayton, Oh., Tipp City, Oh., Springboro, Oh., Xenia, Oh. – Call one of our qualified OVI lawyers at 937-531-0435.
We are available 24-hours a day, 7 days a week. Because now is the perfect time to put our team of OVI lawyers which includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work… for you!