At some point, the exception becomes the rule. To discourage police from violating individual rights, we developed the exclusionary rule. If evidence is obtained as a result of an unreasonable search or seizure, or other Constitutional violation, the evidence is excluded from trial. That’s the general rule. Courts, however, have…
Last week, the United States Supreme Court released a decision in a trio of cases involving DUI refusal laws. A previous article in this blog gives a preview of the cases. To decide the outcomes of those cases, the court analyzes whether search warrants are required before law enforcement officers…
The only presumption permitted in an Ohio DUI/OVI trial is the presumption the defendant is not guilty. In a case alleging drugged driving, the prosecution must prove the defendant ingested a drug, and the prosecution must prove the defendant’s ability to drive was impaired. Finally, as a recent case illustrates,…
I have recently had the privilege of working on OVI cases with attorney Eric Holloway. In addition to OVI defense, Eric also represents clients in civil rights cases, including cases involving false arrest. As a follow-up to the last blog entry, ‘Uncovering False Arrests In DUI/OVI Cases’, I asked Eric…
A judge in Columbus, Ohio found a man to be in violation of probation because the man was unable to urinate upon request. The judge was aware the defendant, Mr. Hand, had medical problems which caused urinary difficulties and was taking medication designed to increase his urination. Nevertheless, the judge…
Ohio takes drivers’ licenses before a person is found guilty of DUI/OVI. If a person is arrested for DUI/OVI and tests over the limit, or refuses to test, that person’s license is suspended immediately. No judge reviews the circumstances beforehand to determine if the suspension should be imposed. Instead, the…
When a person is arrested for DUI/OVI in Ohio, the arresting officer typically asks the person to submit to a breath, blood or urine test. For a test result to be admissible in court, the test must be administered in compliance with regulations issued by the Ohio Department of Health.…
Four months after Brittany was arrested and charged with OVI, the government charged her with a second count of OVI. In November, Brittany was arrested for OVI. On the day of her arrest, she submitted a urine sample, and she was charged with OVI. Three weeks later, the urine sample…
The Miranda warnings are well-known: “you have the right to remain silent….” What is not so well-known is when the Miranda warnings are required. According to Miranda v. Arizona, the warnings must be given when a suspect is questioned while ‘in custody’. If a suspect is in custody and the…
At the last minute, without warning, the government convicted Demetrius of a more serious offense than with which he was originally charged. Demetrius received a ticket for OVI. The ticket informed him he was charged with a low-tier ‘per se’ OVI, which carries a minimum of three days in jail…