‘Tis the season for holiday parties. ’Tis also the season for DUI/OVI arrests (in Ohio, it’s called OVI). From Thanksgiving Eve (‘blackout Wednesday’) to New Year’s Day, officers are particularly ambitious about enforcing Ohio’s drunk driving laws this time of year. But OVI convictions can be avoided. The first five…
When a celebrity is accused of DUI/OVI in Ohio, the celebrity’s cruiser video is often on the local news the next day. News outlets obtain cruiser videos by making public records requests with the arresting law enforcement agency. Those public records requests are routinely processed quickly. Sometimes, however, law enforcement…
In Ohio DUI / OVI cases, mandatory minimum penalties are increased based on prior OVI convictions. One issue faced by Ohio courts is whether a person’s OVI adjudication (‘conviction’) as a juvenile can be used to enhance a subsequent OVI sentence as an adult. The Ohio Supreme Court recently issued…
Over 20,000 DWI cases in New Jersey are being called into question due to problems with the recalibration of breath-testing machines. According to New Jersey 101.5, Sgt. Marc Dennis skipped a critical step each time he recalibrated the machines. Plaintiffs in a class-action lawsuit now seek to vacate thousands of…
Today’s report regarding the conduct of a forensic scientist employed by the state of Ohio demonstrates the danger of the government enforcing laws without effective checks and balances. Forensic scientist G. Michele Yezzo worked for over 30 years as a laboratory technician for the Ohio Bureau of Criminal Investigation (BCI). …
Yes, I saw Carlos Santana perform at the House of Blues. It’s true, I rented a convertible Mustang. I admit I hiked a breath-taking trail in Red Rock Canyon. I also acknowledge I enjoyed the luxury of Bellagio and saw amazing views from the High Roller. However: the primary purpose…
Until a few days ago, the scope of driving privileges for Ohio DUI/OVI suspensions was very limited. A parent on limited driving privileges was not permitted to drive children for extra-curricular activities. A person on limited driving privileges was not allowed to drive to care for elderly parents. A person…
The last entry in this blog discussed lesson number one for appealing an Ohio Administrative License Suspension (A.L.S.). The lesson came from a recent appellate case. That lesson was for defense lawyers, and it was simple: file the appeal on time. This entry discusses lesson number two, which also comes…
Practicing law is an art, not a science, and there are various methods to develop skill at the art of lawyering. One method is to learn the hard way. In a recent Ohio OVI case, the defense lawyer learned the hard way lesson number one for appealing an Administrative License…
At some point, the exception becomes the rule. To discourage police from violating individual rights, we developed the exclusionary rule. If evidence is obtained as a result of an unreasonable search or seizure, or other Constitutional violation, the evidence is excluded from trial. That’s the general rule. Courts, however, have…