If an officer’s testimony about a traffic stop is not corroborated by the officer’s cruiser video, how do judges rule on the justification for a traffic stop? Once a judge makes a ruling, under what circumstances might that ruling be overturned by an appellate court? A recent case decided by…
Suppose an officer detains a person for violating a traffic law and it turns out the person really didn’t violate the law: the officer was simply mistaken about what the law says. Until recently, one would expect that any evidence obtained after the mistaken detention would be thrown out. In…
In the last couple weeks, two school bus drivers were suspected of being under the influence while driving a bus full of students. Both drivers were arrested for DUI, and both drivers now face serious consequences. These incidents raise the question of what happens if a school bus driver is…
For three decades, lawyers and judges have been misinterpreting the case of State v. Vega. In Vega, the Ohio Supreme Court held defendants in DUI/OVI cases may not attack the general reliability of breath-testing machines. Some lawyers and judges interpret Vega as if it says defendants are not permitted to…
It won’t win a Pulitzer Prize, it will not be mentioned with the New York Times best sellers, and it will not be at the top of readers’ ‘wish lists’. In fact, most people may not find it very interesting. If you are charged with a DUI/OVI in Ohio,…
This summer, I had the honor of being shadowed by Japanese criminal defense lawyer Yaeko Hashimoto, who recently completed an LL.M. program at the O.S.U. Moritz College of Law. In our conversations, it became clear there are differences between DUI/OVI laws in Ohio and DUI/OVI laws in Japan. Yaeko agreed…
We are all urged to call the police if we suspect someone is driving under the influence. This message comes to us in radio and television commercials, on billboards, and on cruiser license plates: 1-800-GRAB-DUI. If someone makes the call, when should the police be permitted to stop the driver…
What does it mean when the law says an officer must have ‘probable cause’ to arrest a person for a DUI/OVI? Common sense tells us the evidence observed by the officer must lead to the conclusion that the person is probably under the influence. Common sense and case law tell…
In Ohio DUI/OVI cases, calculating speedy trial time can be complex. As a general rule, the trial must be held within 90 days of the arrest or summons. There are, however, many exceptions to this general rule. When one of the exceptions occurs, time is “tolled” (that time does not…
Two days ago, the Ohio Supreme Court issued a decision clarifying how specific a motion to suppress must be for the defendant to receive an evidentiary hearing on the motion. In State v. Codeluppi (2014), the Court concluded: “[A] highly detailed pleading of the facts and law is not required…