St. Patrick’s day is one of the biggest days of the year for drinkers. In central Ohio, it’s second only to Independence Day. It is no surprise, then, that the Franklin County DUI Task Force announced two DUI checkpoints for St. Patrick’s Day, 2011. What may come as a surprise…
Articles Posted in DUI/OVI Constitutional issues
Ohio Court Says Forced Blood Draws Are Constitutional
Historically, if a driver refused to give a sample of blood, breath or urine, the driver’s license would immediately be suspended for refusing, but there would be no alcohol test to use as evidence against the driver. Things changed in 2009, when the Ohio legislature passed a law saying, if…
Marked Lanes Violations In Ohio DUI/OVI Cases
A police officer must have some justification for making a traffic stop. In some traffic stops that lead to O.V.I. (D.U.I.) arrests, the justification for the stop is a “Marked Lanes” violation. But what is a Marked Lanes violation, and when does it justify a traffic stop? The Ohio statute…
You May Refuse To Consent To Ohio DUI/OVI Alcohol Tests…Sometimes
Imagine that the police show up at your door and want to search your house. If you don’t consent, the police can’t search without a warrant or an applicable exception to the warrant requirement. Refusing to consent to a search is not ordinarily a criminal offense. In a recent case…