ZDL wins suppression hearing in Cleveland Municipal Court, leading to dismissal of client's charge of operating a motor vehicle while under the influence of alcohol and felony charge of improper handling of firearm in a motor vehicle

Posted by Zukerman on Monday, June 3, 2013

In State of Ohio v. Abang, 2011 TRC 051756, a State Trooper initiated a traffic stop on client's vehicle after observing that client's vehicle did not have a front license plate. The Trooper testified that he detected a strong odor of an alcoholic beverage on client's breath and that client's... Continue reading "ZDL wins suppression hearing in Cleveland Municipal Court, leading to dismissal of client's charge of operating a motor vehicle while under the influence of alcohol and felony charge of improper handling of firearm in a motor vehicle " …

ZDL convinces Cleveland Judge that State Trooper lacked probable cause to arrest client for Operating a Motor Vehicle While Under the Influence of Alcohol (OVI), obtains dismissal of client's charges of OVI and Possession of Marijuana

Posted by Zukerman on Monday, June 3, 2013

In City of Cleveland v. Cooper, 12 TRC 058302, ZDL obtained a dismissal of client's operating a motor vehicle while under the influence of alcohol ("OVI") and possession of marijuana charges. State Trooper stopped client for not having his headlights on. Upon approaching client, Trooper testified that he detected the... Continue reading "ZDL convinces Cleveland Judge that State Trooper lacked probable cause to arrest client for Operating a Motor Vehicle While Under the Influence of Alcohol (OVI), obtains dismissal of client's charges of OVI and Possession of Marijuana" …

ZDL wins suppression hearing in Cleveland OVI case, client's breath test result and field sobriety tests suppressed, OVI charges dismissed by prosecutor

Posted by Zukerman on Monday, June 3, 2013

In City of Cleveland v. Guider, 2012 TRC 044131, ZDL represented an individual who was charged with two counts of operating a motor vehicle while under the influence of alcohol "OVI" in violation of City of Cleveland Ordinances 433.01A1 (basic OVI charge) and 433.01A4 (OVI charge relating to a breath... Continue reading "ZDL wins suppression hearing in Cleveland OVI case, client's breath test result and field sobriety tests suppressed, OVI charges dismissed by prosecutor " …

ZDL wins landmark reversal in the 8th District Court of Appeals on HB 86 sentencing issue

Posted by Zukerman on Wednesday, February 27, 2013

Paul Johnson’s journey through the criminal justice system is over, and he walks the earth a free man. The Eighth District Court of Appeals reversed his convictions and vacated his sentences last week, a landmark decision interpreting H.B. 86, Ohio’s recent sentencing reform law. In May 2011, Johnson was indicted... Continue reading "ZDL wins landmark reversal in the 8th District Court of Appeals on HB 86 sentencing issue" …

ZDL wins suppression hearing and obtains dismissal of client's OVI charges in Medina Municipal Court

Posted by Zukerman on Tuesday, February 26, 2013

In State v. Klein, Case No. 12 TRC 04904, a defendant was charged with a third OVI offense within six years and faced various penalties including a mandatory minimum sentence of sixty (60) days in jail. ZDL filed a motion to suppress in which they argued that the state trooper... Continue reading "ZDL wins suppression hearing and obtains dismissal of client's OVI charges in Medina Municipal Court" …

Ninth District Becomes Latest Appellate Court to Rule Ohio’s “Child Enticement” Law is Unconstitutional.

Posted by Zukerman on Tuesday, February 26, 2013

Joining the Second, Eighth, and Tenth Districts, the Ninth District Court of Appeals has ruled in State v. Goode, 9th Dist., 2013 Ohio 556, that Ohio’s “Criminal Child Enticement” statute is unconstitutional. R.C. 2905.05(A) provides: No person, by any means and without privilege to do so, shall knowingly solicit, coax,... Continue reading "Ninth District Becomes Latest Appellate Court to Rule Ohio’s “Child Enticement” Law is Unconstitutional." …

US Supreme Court Limits Police Power to Seize Suspects Incident to a Search of Premises.

Posted by Zukerman on Monday, February 25, 2013

In Bailey v. U.S., 2013 U.S. LEXIS 107, the Supreme Court limited a previous holding that allowed police to detain a suspect incident to the search of a residence. Police were getting ready to execute a search warrant at the apartment of defendant Chunon Bailey when detectives spotted Bailey and... Continue reading "US Supreme Court Limits Police Power to Seize Suspects Incident to a Search of Premises." …

Professional Licensure Defense: The State Medical Board of Ohio & Impaired Physicians

Posted by Zukerman on Saturday, September 22, 2012

By Larry W. Zukerman, Esq., and Richard L. Fenbert, Esq. Medical professionals who have been charged with a criminal offense face the collateral consequence that their professional license may be subject to suspension and/or revocation by the licensure board of their particular discipline. Physicians seeking legal counsel after being charged... Continue reading "Professional Licensure Defense: The State Medical Board of Ohio & Impaired Physicians" …

Voting Rights in Flux in the Buckeye and Lone Star States

Posted by Zukerman on Thursday, September 13, 2012

Federal courts in Texas and Ohio have rolled back restrictions on voting rights put in place by state lawmakers, marking another development in the battle between the federal government and the states over who can vote and when. In Texas, Gov. Rick Perry recently signed a bill requiring voters to... Continue reading "Voting Rights in Flux in the Buckeye and Lone Star States" …

Sixth Circuit Reverses Sentence Due to Violation of Ex Post Facto Clause

Posted by Zukerman on Friday, August 10, 2012

A recent U.S. Sixth Circuit Court of Appeals decision offers two important lessons: (1) A defendant cannot be sentenced in federal court under Sentencing Guidelines that became effective between the time of his illegal conduct and his sentencing date; and (2) Bleaching $5 bills and using a copier to turn... Continue reading "Sixth Circuit Reverses Sentence Due to Violation of Ex Post Facto Clause" …