If another driver becomes angry with you, that driver can easily call the police and report you as a drunk driver. The driver doesn’t have to give a statement to the police. In fact, the allegation can be completely anonymous. Should police officers be permitted to stop you based only…
Over the past few months, courts in Central Ohio took a variety of steps to deal with the unprecedented challenges presented by the Coronavirus Pandemic. As the State of Ohio moves toward ‘reopening’ in this new reality, central Ohio courts are beginning to release plans on how they will operate…
In Ohio DUI/OVI cases, the prosecution sometimes introduces expert testimony. If a prosecutor intends to do so, the prosecutor must provide the defense attorney with a written report summarizing the expert’s testimony. According to the Ohio discovery rules, the report must be disclosed to defense counsel at least 21 days…
Imagine for a minute that your car is in the shop. You have some errands to run, so you borrow someone else’s car. A friend, a family member, a coworker, whomever. As you’re driving to the store, you see a police cruiser activate its lights and sirens to pull you…
Updated April 10, 2020 The ongoing coronavirus (COVID-19) pandemic has had a profound effect on nearly every aspect of American society. From closing schools, bars and restaurants to banning public gatherings over a certain size, Ohio has followed expert advice to keep people physically separated as much as possible. To…
I will always remember OACDL’s 2020 DUI seminar. Near the end of the first day of the three-day event, Ohio’s governor banned gatherings of 100 or more people. Our gathering had more than 100 people. As the president of the organization, I had the responsibility of informing those 100+ people…
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…
It was 82 degrees in February, but it was all about continuing education. Mostly. At least partly. It was the OACDL Sunshine Seminar in San Juan, Puerto Rico. It was great to escape Ohio’s winter weather and enjoy the beach, the rain forest, and old San Juan. And the educational…
As of January 1, 2020, 11 states and Washington D.C. have legalized recreational marijuana use. That number increases to 33 states when you include medical legalization. Several studies have been conducted to determine what effect this ever-growing legal access to marijuana has had on traffic and DUI/OVI statistics. While more…
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…