Last week, I attend the annual DUI seminar presented by the National College for DUI Defense (NCDD) and the National Association of Criminal Defense Lawyers (NACDL). I attend the seminar nearly every year, mostly because it’s a great seminar, and partly because it’s held in Las Vegas. Before this year’s…
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…
Intoxilyzer 8000 Declared Unreliable In Ohio DUI/OVI Case This blog has discussed Intoxilyzer 8000 litigation in many previous posts. One of those posts (November 18, 2012) mentioned the case of State v. Lancaster in the Marietta Municipal Court. I was asked to help with that litigation as counsel for Lancaster.…
By driving under the influence, you could cause harm to property, yourself, and others. You could also be charged with DUI/OVI. Thanks to public awareness programs, the risks of drunk driving are well known. Not so well known are the risks of drunk walking…until now. In the 2009 book SuperFreakonomics,…
But for a technical legal issue that may only be interesting to an Ohio DUI/OVI lawyer, the case of State v. McMahon would be pretty generic. An officer pulled him over for speeding, noticed the odor of alcohol, administered field sobriety tests, arrested him, gave him a breath test on…
It’s July 4th weekend. With Independence Day falling on a Thursday, it’s an extra-long weekend. That means more cookouts, and it also means more police officers patrolling the roads of central Ohio on the lookout for drunk drivers. In central Ohio, the roads are patrolled by several different police departments.…
What happens in Vegas stays in Vegas, but what happens near Vegas gets broadcast for the world to see. That’s what Erin Brockovich found out a few days ago when she was charged with Boating Under the Influence on Lake Mead, just outside Las Vegas, Nevada. After reading the news…
For the second time in two months, the Ohio Supreme Court decided a case interpreting the discovery rules that apply to Ohio DUI/OVI cases and criminal cases. A previous post in this blog discussed ‘recent’ changes to the rules for discovery, the exchange of evidence between the prosecution and defense.…
William Strebler was lucky and unlucky. When he drove his car between two parked trucks, nobody was killed or injured. That’s pretty lucky. After he was found guilty of driving under the influence of his prescribed pain medicine, his conviction was affirmed by the court of appeals, and he had…