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Ohio court: It’s up to drivers, not prosecutors, to prove they weren’t illegally texting behind the wheel (www.cleveland.com)

submitted 4 months ago by CaptDust@sh.itjust.works to c/ohio@midwest.social

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[–] Dkarma@lemmy.world 2 points 4 months ago (1 children)

Sounds like if they don't know what .doing they don't have probable cause to accuse me. If they see me smoking it's not on me to prove i wasn't smoking something illicit...burden of proof never switches to the defendant that's not how any of this works.

This will get overturned on appeal.

[–] xhieron@lemmy.world 5 points 4 months ago

Nope. Affirmative defense burden of proof is on the accused. See, for example, ORC Section 2901.05.

Ohio's not my jurisdiction, but that's exactly how this works.

Source: Lawyer here.