Friday, February 15, 2013

"I don’t care if you have to arrest me; I gotta pee." (2 15 13)

The Second District Court of Appeals for Clark County reversed a conviction for tampering with evidence because there was no investigation into cocaine possession when a female they pulled over for going left of center dropped a cellophane baggie while she was peeing twenty to thirty feet away from the officers. The investigation into the woman’s driving while under the influence of alcohol and driving without a license had concluded. The investigation into the woman peeing in public would not involve the cocaine. Therefore, and because statutes "defining offenses shall be strictly construed in favor of the accused," there was "no evidence to support a finding that [the woman] acted with purpose to impair the baggie’s availability as evidence in an ongoing or likely investigation." State v. Straley, 2013-Ohio-510.

Contact me if you need a Dayton Criminal Lawyer for your appeal or other post-conviction matter by going to my Web site www.robertalanbrenner.com and filling in the "contact me" form. Visit www.ohiocriminaltriallawyer.com if you need an experienced Dayton Criminal Defense Lawyer to represent you in the trial court.


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