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Articles Posted in DUI/OVI lawyering

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New Book For Those Charged With DUI / OVI: The “Ohio DUI/OVI Guide”

Many people charged with DUI (called ‘OVI’ in Ohio), especially those charged with a first offense, feel like they are in the dark. They do not understand the elements and consequences of OVI, and they do not know what to expect in the court process. They also are uncertain about…

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This Is (Double) Jeopardy

We here at the Dominy Law Firm are big fans of the classic game show “Jeopardy”. With the fast-paced trivia challenge and Alex Trebek’s unmatched gravitas, there is little not to like. We are also big fans of the Constitutional protection against Double Jeopardy. This protection is enshrined in the…

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Auto-Brewery Syndrome Can Lead To DUI / OVI Charges

A semi rolled-over and spilled about 11,000 salmon onto the highway. As the fish flopped around on the road, the truck driver was charged with DUI. But it turned-out he had ‘auto-brewery syndrome’, a condition in which his body makes its own alcohol. This condition is rare but has been…

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Prosecution Must Prove All Elements For Charges of DUI/OVI Drugs In Ohio

There is a difference between what generally ‘makes sense’ and what is sufficient evidence in court. In a recent Ohio DUI/OVI case, the prosecution’s failure to prove all the elements of an offense resulted in one conviction being reversed and probably should have resulted in a second conviction being reversed…

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Appeals Court Upholds OVI Expert Exclusion In Columbus Case

OVI trials sometimes involve testimony from expert witnesses. Those witnesses include pharmacologists who testify about the accuracy of the defendant’s breath test result. A recent decision from an Ohio Court of Appeals demonstrates the importance of assessing the quality of the expert witness report and evaluating the utility of anticipated…

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What Happens When The Government Destroys Evidence In DUI/OVI Cases?

Destruction of evidence by the government can violate a defendant’s right to due process of law. Due process violations often lead to cases being dismissed. Using dismissal as a remedy is based on the principle that denying a defendant access to evidence can make a trial unfair. This is particularly…

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Motions To Suppress In Ohio DUI / OVI Cases

In an Ohio appellate case decided this month, the prosecutor assumed defense counsel’s motion was insufficient, and it did not end well for the prosecutor. Defense lawyers often file motions to suppress evidence in Ohio OVI cases. Occasionally, a prosecutor will claim the motion is not particular enough: it’s a…

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Podcast Interview: “Key Facts About DUI Revealed In Columbus, OH”

I recently had the pleasure of being interviewed by Grant Eagle on his podcast “5 Minute Legal Insights”. It actually lasted for ten minutes, and I was just getting warmed up! We discussed common misconceptions about DUI/OVI stops, arrests, and court cases. You can listen to the podcast here, and…

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Ohio DUI / OVI And Diversion Programs

The consequences of an OVI/DUI conviction can go well beyond the fines, jail time, and license suspensions imposed by a Judge. Collateral effects like higher insurance premiums and lost employment opportunities can follow someone well after their case has been resolved in court. Some states, even notoriously tough-on-crime states like…

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