Ohio Court of Appeals Reverses DUI Conviction for Lack of Probable Cause


A three judge panel of the Ohio Court of Appeals recently reversed the DUI conviction of a motorist because the police officer lacked sufficient and legal "reasonable suspicion" to initially stop the motorist and begin his DUI investigation. The decision is State v Browning, and the written opinion was issued on September 5, 2012. The three judge panel hearing the case sits in the ninth judicial district of Ohio. The defendant Browning's initial DUI conviction took place in Barberton Municipal Court. The municipal court judge denied Browning's motion to suppress for lack of probable cause/reasonable suspicion to make the initial stop. As noted above, the Ohio Court of Appeals reversed Browning's conviction.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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