How are sanctions to be imposed for violations of Ohio’s discovery rules? That question was the subject of a recent decision by the Ohio Supreme Court. In a previous post, this blog described the changes to the rules for discovery (exchanging evidence) in Ohio criminal and D.U.I./O.V.I. cases. In a…
A Buddhist proverb says, “When the student is ready, the master appears.” For three days last week, D.U.I. lawyers from across the state, and across the country, convened in Columbus for ‘The Premier Ohio D.U.I. Defense Seminar’ sponsored by the Ohio Association of Criminal Defense Lawyers (OACDL). The students were…
For the first time, an appellate court in Central Ohio addressed whether evidence from an Intoxilyzer 8000 is admissible in an O.V.I./D.U.I. trial. The court of appeals ultimately decided that the defendant is prohibited from challenging the general reliability of the Intoxilyzer 8000, so the results of that machine’s breath…
Trooper Mark Winder stopped Tyler McNeely for speeding and observed the usual trilogy of intoxication signs: odor of alcohol, bloodshot eyes, and slurred speech. Winder gave McNeely field sobriety tests and arrested him for driving while intoxicated. The trooper drove McNeely to a hospital and asked McNeely to give a…
The holiday season is at its climax. Some of us who would not ordinarily step foot in a mall battle huge crowds to buy last-minute gifts. Most of us attend more parties in two weeks than they we do the rest of the year. All of us are being told…
Previous posts in this blog discussed developments with the Intoxilyzer 8000 breath-testing machine. On May 30, 2011, the post summarized the Gerome case in Athens. In Gerome, the judge held the defendant is permitted to introduce evidence of factors affecting the breath test results. Another post reported the disappearing Intoxilyzer…
Last week was the annual seminar sponsored by the National College for DUI Defense in Las Vegas. I have attended the seminar for years, and it is consistently a great seminar. It doesn’t hurt that it’s in Vegas, but what really makes it great is the caliber of presenters. …
According to the Columbus Dispatch, drunk driving fell 54 percent in the past two decades…among teens. This conclusion was reached in a recent report by the Centers for Disease Control and Prevention (CDC). The primary reasons for the decline of teen drunk driving are reported to be increased gas prices,…
There are rules for blood testing, and they aren’t new. If the prosecution wants to admit a blood test as evidence in an Ohio O.V.I./D.U.I. case, the prosecution has to prove certain procedures were followed for the blood test. A few days ago, an Ohio court of appeals held that…
Those 160 characters could cost you 150 dollars. If you are under 18, driving and texting could also cost you your license. Ohio’s statewide ban on texting while driving became effective yesterday. Ohio revised code section 4511.204, effective August 31, 2012, prohibits driving a motor vehicle ‘while using a handheld…