If you are facing a drug charge, contact The Law Offices of Saia, Marrocco & Jensen Inc. for legal advice. Our drug crime attorneys in Columbus can examine the evidence and determine whether it supports the specific offense prosecutors have alleged.
Under Ohio Rev. Code § 2925.11, drug possession involves knowingly using, possessing, or obtaining a controlled substance. Police may allege possession when they find drugs on someone or in a place that person allegedly controls. Possession doesn’t always require drugs to be found directly on someone. Prosecutors may argue that a person knew the drugs were present and had control over them, even when the substances were in a vehicle or shared residence.
Trafficking is different. Under Ohio Rev. Code § 2925.03, prohibited conduct includes selling or offering to sell controlled substances and certain activities involving the preparation, transportation, delivery, or distribution of drugs intended for sale or resale.
Ohio law assigns different penalties based on the substance involved, the amount, and other facts specified in the applicable statute. For many trafficking offenses, reaching certain quantity thresholds increases the offense level. Additional factors, such as conduct near a school or involving juveniles, can also affect the potential penalty.
A larger quantity may prompt investigators to suspect distribution, but quantity alone doesn’t necessarily prove every element of trafficking. The prosecution must establish the conduct and other requirements of the charged offense. Testing results, the reported weight, and how police collected and handled the substance may all deserve scrutiny.
Investigators may use messages, cash, packaging, witness accounts, surveillance, or alleged drug transactions to support a trafficking charge. They may also use the quantity of drugs recovered to support their interpretation of the evidence. A defense review should examine what each piece of evidence actually establishes. For example, messages may lack context, a witness may have an incomplete account, or a search may raise legal questions.
In Columbus and Franklin County, the circumstances of a traffic stop, vehicle search, or home search may also be relevant. If the police violated applicable search-and-seizure rules, our Columbus drug crime lawyers can assess whether a motion to suppress evidence is appropriate.
Drug possession can be charged as a misdemeanor or felony, depending on the substance and other statutory factors. Trafficking offenses may carry more severe felony penalties, with the offense level and possible prison term affected by drug quantity, location, and other factors. A prior drug conviction or a specific allegation involving a particular controlled substance may also affect the consequences. The possible sentence depends on the exact charge and the statutes that apply.
Possession and trafficking carry different legal requirements, and the distinction can affect the potential consequences of a conviction. Schedule your complimentary case evaluation by calling Saia, Marrocco & Jensen at 614-444-3036 or sending an online message. Our Columbus drug crime lawyers can evaluate the alleged conduct, the drug testing and quantity evidence, and the legality of the police investigation to identify issues worth challenging.
]]>Drug investigations can start in different ways. An officer may suspect drug activity during a traffic stop, investigators may watch a location, or police may follow up on information from a witness. These leads can prompt further investigation, but they don’t inherently prove a crime occurred.
Police must also have a legal basis for their actions. An officer generally needs reasonable suspicion to make an investigative stop and probable cause for an arrest. A search may require a warrant or fit a recognized exception to the warrant requirement. The Fourth Amendment protects people against unreasonable searches and seizures, including those lacking a lawful basis.
Police may seize suspected drugs, photograph where they were found, interview witnesses, and send samples to a lab for testing. Investigators may also collect messages, transaction records, cash, or other items they believe connect someone to drug activity. While a lab report can help identify a substance, the prosecution must also connect the evidence to the accused. Records showing who collected, stored, tested, and transferred the sample can help establish whether the police handled the evidence properly.
When police seek a search warrant, they must give a judge a lawful basis to approve the search. The warrant also sets limits on what officers may search for and where they may look. Our drug crime lawyers in Columbus can examine the warrant, the information supporting it, and whether police stayed within its limits.
Some searches occur without warrants, such as those connected to arrests or those involving valid consent. The legality depends on the facts and the applicable exception. If police violate constitutional protections, our drug crime attorneys may ask the court to exclude evidence obtained through the unlawful search. Exclusion isn’t automatic. The court must consider the legal issue raised.
Finding drugs near someone doesn’t always prove that person knowingly had them. For example, drugs found in a shared car may belong to another occupant. Prosecutors must present evidence connecting the accused to the substance and proving the required elements of the charge.
The defense may also question whether laboratory testing reliably identified the substance, whether evidence records contain gaps, or whether witness statements conflict with video footage. If police accounts differ from other evidence, those differences may affect how the court evaluates the case.
A drug investigation may begin with a search warrant, a traffic stop, or a report of suspected drug activity, but a case depends on more than what officers say they found. The legality of the search, the reliability of the testing, and the link between the evidence and the accused can all affect the prosecution’s case. Discuss your case with our Columbus drug crime attorneys and request your free consultation by contacting our team online or at 614-444-3036.
]]>Perry County Municipal Court handles misdemeanor OVI cases from across the county at the courthouse on North Main Street in New Lexington. In many cases, the defense starts by filing a motion to suppress that challenges the traffic stop, the arrest, or the chemical test.
The Intoxilyzer 8000, one of Ohio’s approved breath testing machines, measures how much infrared light the alcohol in your breath absorbs. Under Ohio Administrative Code Rule 3701-53-04, the machine must run a dry gas control test before and after every breath test, and it must collect two breath samples.
If the control test reading is more than 0.005 off target, the test is stopped. The Intoxilyzer 8000 must also be certified by the state every calendar year.
Yes. Breath machines can pick up alcohol in your mouth, not just from your lungs. Medical conditions like acid reflux can bring alcohol from your stomach into your mouth, which may affect a breath test result.
National Highway Traffic Safety Administration (NHTSA) training also recognizes that some people have trouble with balance tests for reasons that have nothing to do with drinking. These include:
Medical records created before your arrest carry the most weight. These records are often key evidence when challenging field sobriety tests in New Lexington.
Before a breath test, the officer must watch you for 20 minutes, or keep you somewhere they would notice if you ate, drank, or vomited. In State v. Steele, the Ohio Supreme Court said an officer could look away for a few seconds without breaking this rule.
Minor issues, such as a single burp, may not be enough to make a result inadmissible. Stronger challenges may be possible when the observation period was shortened, interrupted, or skipped entirely.
Notes you write soon after your arrest can be compared with the police paperwork. Write down the answers to these questions as soon as you can:
The officer’s report is usually filed with the court within a few days, so notes you write that same week are the most useful.
A breath test result is only as reliable as the machine’s maintenance records and the officer’s observation period. The Law Offices of Saia, Marrocco & Jensen has been recognized for ethical conduct, knowledge of the law, and an aggressive approach, and our attorneys serve Perry County from an office on West Brown Street. Free consultations are available by calling (614) 444-3036, or you can connect with us online.
]]>Ohio sets first-offense penalties based on your blood alcohol concentration (BAC). Your BAC tier determines your minimum sentence:
A first OVI is a first-degree misdemeanor, and total jail time can’t exceed six months.
The court may also add other penalties. A Morrow County judge can order:
Yellow plates are required when a high-tier driver receives limited driving privileges.
Under Ohio Revised Code Section 4510.13, a court generally can’t grant limited driving privileges during the first 15 days of a first-offense suspension. In some cases, a judge may allow earlier driving privileges, such as when the driver agrees to use an ignition interlock device. If you refused testing, the no-driving period is 30 days.
OVI arrests in this area may be made by state troopers or Mount Gilead police, so check your citation to see which court is handling your case. Most county cases are heard in the Morrow County Municipal Court at 48 East High Street, while some village tickets go to the Mount Gilead Mayor’s Court at 72 West High Street.
Yes. Ohio law doesn’t allow OVI convictions to be sealed or expunged, so a conviction stays on your record permanently. It also increases the penalties for any new OVI within 10 years. That’s why it’s important to start building your defense early.
Your license won’t be reinstated automatically after your suspension ends. The Ohio Bureau of Motor Vehicles (BMV) requires you to:
You can pay online, by mail, or at a deputy registrar’s office. Paying at a deputy registrar adds a service fee.
The Law Offices of Saia, Marrocco & Jensen Inc. has a Mt. Gilead office on East High Street, the same street as the Morrow County Municipal Court. Our trial attorneys fight for your rights and help first-time offenders understand their options for driving privileges before entering a plea. For a free consultation, call (614) 444-3036 or get in touch online.
]]>Before making an arrest, an officer may ask you to take a handheld portable breath test (PBT). Refusing this roadside test doesn’t trigger an automatic license suspension under Ohio’s implied consent law. That law applies only to tests requested after an arrest. Handheld PBTs are also not on Ohio’s list of approved testing instruments. After an arrest, the police agency decides whether to test your breath, blood, urine, or saliva.
In the 1984 case State v. Vega, the Ohio Supreme Court ruled that defendants can’t make general challenges to the scientific reliability of state-approved breath machines. This creates a tough choice. If you take the test, you generally can’t challenge the science behind the machine. If you refuse, you lose your license right away.
The 2014 case Cincinnati v. Ilg made this a little easier by allowing challenges to whether the specific machine used in your case was working properly. In Ilg, the test result was thrown out because the state didn’t turn over that machine’s records as the court ordered. Machine records are now a key part of many breath and blood test challenges in Columbus.
House Bill 37, known as Liv’s Law in memory of Olivia Wright, took effect April 9, 2025. The law allows officers to request a saliva test after an OVI arrest. Refusing a saliva test has the same consequences as refusing a breath or blood test.
Refusing a test after arrest has consequences even before your first court date. Within days of a refusal, you can expect:
The officer must read you a form explaining these consequences in front of a witness. If you don’t submit to a test within two hours of the alleged violation, the law treats it as a refusal.
Yes. Ohio counts prior refusals and OVI convictions from the past 10 years when setting the length of a refusal suspension:
A prior OVI within 20 years can also turn a refusal into a separate criminal offense with higher mandatory jail time. And if you have multiple prior OVI convictions, Ohio law may allow the officer to use reasonable means to draw your blood even if you refuse.
You can appeal a refusal suspension at your initial court appearance or within 30 days after it. The Law Offices of Saia, Marrocco & Jensen Inc. is recognized throughout Ohio and nationally. Our award-winning team of attorneys offers free consultations. Schedule yours at (614) 444-3036 or you can reach our firm online.
]]>Reasonable suspicion requires only specific facts that point to a violation, such as a burned-out headlight. An OVI arrest requires probable cause, which is a higher standard. It means the officer has enough reliable information to reasonably believe you were driving while impaired.
Courts look at these as two separate steps. If the stop itself wasn’t legal, the evidence gathered afterward may be thrown out. That’s why challenges to unlawful police stops in Columbus start with the stop.
Ohio officers are trained using National Highway Traffic Safety Administration (NHTSA) guidelines. These guidelines divide an OVI investigation into three stages: watching the vehicle, talking with the driver, and conducting tests before an arrest. In Ohio, field sobriety test results can be used in court only if the officer followed NHTSA standards closely enough. If the officer skipped instructions or changed the procedures, the results may be challenged or excluded.
No single sign decides whether there was probable cause. Judges look at the whole police report, which often includes:
Some of these signs have ordinary explanations. Allergies can cause red eyes, and nerves can make anyone stumble over their words.
A minor traffic violation can turn into a full OVI investigation within minutes. For example, imagine a driver leaving a Saturday night concert in the Arena District:
The drift matters because Ohio law requires drivers to stay within a single lane as nearly as practicable. In State v. Mays, the Ohio Supreme Court held that crossing a lane line is enough to justify a stop, even without other erratic driving.
Columbus Division of Police body cameras save the two minutes before recording starts, including sound, and turn on automatically when the cruiser’s lights and sirens are activated. This footage often shows how someone was driving before the stop. Our attorneys compare the video to the written police report in detail.
For example, the report may describe “weaving” when the video shows one tire briefly touching a lane line on uneven pavement. Or it may say the driver had “slurred speech” when the audio shows clear, understandable answers.
You can challenge both the stop and the police report in a Columbus OVI case. The Law Offices of Saia, Marrocco & Jensen Inc. has represented OVI clients across Ohio for years, and our trial attorneys carefully review police recordings in Franklin County Municipal Court. Call (614) 444-3036 for a free consultation or contact us online.
]]>Not much where your license is concerned. However, an officer can still arrest you based on other observations, like the smell of alcohol, slurred speech, or an admission. Declining the roadside tests keeps you from adding weak evidence to the state’s file, though it will not end the stop on its own.
The rules change once an officer arrests you and asks you to submit to a breath, blood, or urine test at the station. Ohio’s implied consent law treats driving on state roads as an advance agreement to submit to a chemical test, so saying no results in an immediate Administrative License Suspension handled by the Bureau of Motor Vehicles.
For refusing a post-arrest chemical test, Ohio sets these baseline suspensions:
The one-year starting point and the rest of these penalties come from Ohio Revised Code Section 4511.191, which ties the length of each suspension to your prior record. The suspension lands even if you are never convicted of the underlying charge, because it is a civil action separate from the criminal case. This detail catches many first-time drivers off guard.
A refusal does more than cost you a license. It can ripple into the criminal case and your daily life in ways our OVI defense attorneys see often. Refusing a chemical test can affect your situation in several ways:
Weighing all of this in the heat of a traffic stop is nearly impossible, which is why the choice trips up so many people. A close review after the fact can still turn up ways to challenge both the stop and the suspension.
The Law Offices of Saia, Marrocco & Jensen Inc defends drivers in New Lexington, Perry County, and throughout Ohio, pairing nationally recognized advocacy with more than 100 years of collective experience and free consultations. Our attorneys are available 24 hours a day to review the stop, the arrest, and the paperwork, so call (614) 444-3036 or reach out online before the appeal deadline passes.
]]>Ohio judges do not treat every first-time possession case the same way. A handful of factors carry the most weight when a court decides how to handle a charge, and knowing them helps you understand where your case may land.
Courts in Morrow County and across Ohio look closely at the details of both the substance and the person charged:
The mix of these details often determines whether a first offense remains a minor matter or becomes serious. A charge that looks small on paper can still carry real weight.
A first-time possession charge does not automatically lead to jail or a conviction. Ohio offers treatment-focused alternatives for eligible defendants, and our drug crimes defense team evaluates which option is most likely to produce the most favorable outcome.
Common first-offense outcomes include:
Ohio Revised Code Section 2951.041 allows eligible defendants to enter intervention instead of conviction while completing court-approved treatment. Successful completion can result in dismissal of the proceedings, avoid a conviction, and potentially allow the record to be sealed under Ohio law.
A first drug arrest does not have to define your future, especially when the right steps are taken early. The Law Offices of Saia, Marrocco & Jensen Inc helps people in Mt. Gilead, Morrow County, and across Ohio pursue treatment options and reduced outcomes, drawing on a track record of verdicts and settlements and more than 100 years of collective experience.
Our attorneys offer free consultations and answer the phone at any hour, so call (614) 444-3036 or reach out online to go over your options.
]]>If field sobriety tests were part of your OVI investigation, our DUI defense attorneys at The Law Offices of Saia, Marrocco & Jensen Inc. can evaluate how the police handled the stop and whether they complied with Ohio law and standardized testing procedures.
Unlike chemical breath, blood, or urine tests governed by Ohio’s implied consent law, field sobriety tests are generally voluntary. Officers usually ask drivers to perform them to gather additional evidence of impairment before deciding whether to make an arrest. If you choose to decline, the officer may still arrest you if other observations, such as your driving, appearance, speech, or the odor of alcohol, lead them to believe they have probable cause.
The most important thing is to remain calm, respectful, and cooperative throughout the traffic stop. Avoid arguing with the officer, making sudden movements, or volunteering unnecessary information. Our firm generally advises drivers to remember that field sobriety tests are voluntary in Ohio.
If circumstances allow, you may politely ask whether you’ll be permitted to speak with a lawyer before deciding whether to participate. However, the officer may or may not allow you to do so before continuing the investigation. Either way, staying composed can help prevent the situation from becoming more complicated than it already is. Our criminal defense lawyers can later evaluate how the interaction unfolded, including whether the police accurately documented your statements or actions in the police report.
Yes. Declining field sobriety tests does not prevent you from being arrested. Officers may use other evidence, including driving behavior, witness statements, physical observations, admissions, or the results of a chemical test obtained later in the investigation, to arrest you.
Taking the field sobriety tests doesn’t necessarily mean you can’t challenge the results. The results of field sobriety tests are generally admissible only if the officer properly complied with the applicable standardized testing procedures. Various factors, such as uneven pavement, poor weather, improper instructions, medical conditions, injuries, fatigue, or an officer’s failure to follow procedures, may affect both the reliability of the test results and their admissibility in court.
Whether you performed field sobriety tests or chose to decline them is only one part of an OVI investigation. Prosecutors must still prove their case using legally admissible evidence, and the circumstances surrounding the traffic stop usually deserve closer scrutiny from our legal team at The Law Offices of Saia, Marrocco & Jensen Inc. Reach out to us online or at 614-444-3036 to schedule your complimentary case assessment.
If you were arrested for OVI, our criminal defense attorneys in New Lexington can review the stop from beginning to end, including body camera footage, dash camera footage, and police reports to determine whether the tests were administered correctly and identify legal or factual issues that may strengthen your defense.
]]>If field sobriety tests played a role in your OVI arrest, speak to our Mt. Gilead criminal defense attorneys at The Law Offices of Saia, Marrocco & Jensen Inc. to learn how they work and how we can potentially use them to build your defense.
The field sobriety tests recognized by the National Highway Traffic Safety Administration (NHTSA) are designed to help officers evaluate whether a driver shows signs of impairment. They’re only one part of an OVI (Operating a Vehicle While Impaired) investigation, along with the officer’s observations, driving behavior, statements made during the traffic stop, and any breath, blood, or urine test results. In the Mt. Gilead area, these tests are commonly administered after traffic stops on busy roads such as I-70, I-71, U.S. Route 33, or city streets where officers suspect impaired driving.
Field sobriety tests are only useful if they’re administered correctly. Under Ohio Rev. Code § 4511.19(D)(4)(b), the results may be admitted in court only if the officer substantially complied with the applicable testing standards, making the way the tests were performed an important issue in many OVI cases.
The HGN test examines how your eyes track a moving object, such as a flashlight or a pen. Officers look for involuntary jerking of the eyes, known as nystagmus, which may be associated with alcohol or certain drug impairment. However, alcohol isn’t the only possible cause. Certain medical conditions, medications, fatigue, or improper administration of the test may also affect the results. Our criminal defense lawyers can review the officer’s training, body camera footage, and testing procedures to determine whether the HGN test was administered correctly.
During the Walk-and-Turn test, you’ll be asked to take heel-to-toe steps along a straight line, turn, and return in the same manner while following the officer’s instructions.
Difficulty completing the test doesn’t always mean someone is impaired. Uneven pavement, poor lighting, inappropriate footwear, injuries, age, or balance issues can all affect the driver’s performance.
For the One-Leg Stand test, you must raise one foot several inches off the ground while counting aloud for a specified period. Officers look for clues such as putting your foot down, hopping, or swaying. Many people struggle with this test for reasons unrelated to alcohol or drugs. Knee or back injuries, inner ear disorders, physical disabilities, excess weight, or even nervousness may affect balance. Our criminal defense attorneys in Mt. Gilead can determine whether the officer considered these factors before concluding that you were impaired.
Yes. Courts may examine whether the officer substantially complied with standardized testing procedures and whether outside factors affected a driver’s performance. Remember, even if the police justify your arrest due to your field sobriety test results, they are only one piece of the evidence in your OVI case.
Field sobriety tests can influence an officer’s decision to make an arrest. However, they don’t automatically determine whether you’ll be convicted of OVI. Get in touch with The Law Offices of Saia, Marrocco & Jensen Inc. and arrange your no-charge case evaluation by submitting our contact form or calling 614-444-3036.
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