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…
In most Ohio DUI/OVI cases, the evidence includes police officer testimony and police cruiser video. Officer testimony is sometimes not corroborated by the recording from the cruiser video. In such a situation, a judge or jury has to decide if they believe the officer or their own eyes. Such a…
The caller was anonymous, and there was little evidence corroborating the caller’s claim. He or she called 9-1-1 and reported she was driving southbound on Highway 1 and was just run off the road. The caller described a silver Ford F150 truck with a California license plate. It did not…
From your bathroom scale to a police officer’s laser gun, every measurement device has a margin of error. For a device to be considered reliable, the margin of error must be known (and should be small!). In a recent Ohio DUI / OVI case, the court decided the admissibility of…
As a DUI/OVI attorney, I am frequently asked if a person can seal/expunge records for DUI/OVI offenses and other traffic offenses. The answer is “no”: Ohio Revised Code section 2953.36 says the records for DUI/OVI convictions and other traffic offense convictions cannot be sealed. Therefore, a conviction for DUI/OVI or…
Standardized field sobriety tests (SFSTs) are administered in nearly every DUI/OVI case in Columbus and central Ohio. A previous post in this blog analyzed the standard for admitting the tests as evidence in court: the SFSTS must be administered in substantial compliance with the officers’ training manual for the tests…