It makes the roads safer, except when it makes the roads more dangerous. It’s a fair consequence for a person convicted of DUI/OVI, except when it’s unfair. The ignition interlock device has been used increasingly by Ohio and most other states to prevent drunk driving. As illustrated by a recent…
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…
Raymond Wells walked out of court thinking he knew his sentence and was probably surprised when he later learned it included more than what the judge told him in the courtroom. There is a common saying in the law that “the court speaks through its entries”. What happens if the…
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…
Defense attorneys and forensic experts have claimed for years breath-testing machines are unreliable. Those claims tend to fall on deaf ears due to the inherent bias of the source: defense attorneys are advocates for clients accused of crimes based on the results of the machines. Recently, however, more objective sources…
DORA may be coming to a city near you. Not Dora the Explorer with her singing map and backpack. DORA the law which allows cities to have Designated Outdoor Refreshment Areas. In a DORA, people can walk around with open containers of alcohol purchased from local establishments. The idea behind…
You may be more of a target than you think. When you think about people arrested for drunk driving, do you picture a car driving erratically all over the road? That’s a common misconception. Most stops resulting in DUI/OVI charges are for minor offenses: failing to signal, driving a little…
How to improve litigation skills which lead to more acquittals (not guilty verdicts) in DUI/OVI cases can be a mystery. That’s why there are organizations like the National College for DUI Defense (NCDD) and the National Association of Criminal Defense Lawyers (NACDL). Those organizations co-host an annual DUI defense seminar…
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…
The ever-growing number of states which have legalized either medical marijuana or recreational marijuana has created a number of issues for law enforcement and the justice system. Chief among those issues is the challenge of enforcing laws against operating a vehicle under the influence of marijuana. In an effort to…