Plea bargaining is part of the criminal justice system. If there weren’t plea bargains in large jurisdictions with high volumes of cases, the system would quickly be overwhelmed and log-jammed. In certain types of cases, however, there are no plea bargains. One of those case types is a “game day…
It’s hard to believe that time of year is here already. Kids are going back to school, the leaves will soon be changing colors, and law enforcement is cracking down on D.U.I./O.V.I. in the Columbus, Ohio area. This weekend in central Ohio, officers are operating four D.U.I. checkpoints. One checkpoint…
In Miami, there’s nothing strange or tragic about a police officer riding down the beach on an ATV. What makes this incident strange is the on-duty officer is taking a female passenger on a joyride while he’s on duty. What makes this incident tragic is the officer plows into two…
“Shawn, it’s Joe Smith. You’re not going to believe this, but….” I believe it, because I’ve received this call more than once. My client has a D.U.I. (O.V.I.) pending, we’re scheduled to go back to court soon, and the client is charged with a second D.U.I. This recently happened in…
The Sixth Amendment to the United States Constitution says a defendant in a criminal prosecution shall enjoy the right to be confronted with the witnesses against him. The extent of that right has undergone significant changes by courts interpreting the Constitution. A recent example is the case of Bullcoming v.…
Suddenly, there are flashing lights in your rear-view mirror. ‘What did I do?’ The officer slowly approaches your window. “Good evening. I noticed you had some trouble staying in your lane back there. I need to see your license, registration, and proof of insurance.” The nervousness makes it nearly impossible…
The last post of this blog discussed the Gerome case in Athens, Ohio. In that case, which is still pending, the judge will make decisions about the reliability of the Intoxilyzer 8000 and whether a defendant must be given an opportunity to challenge the breath test’s general reliability at trial.…
In previous posts, this blog has discussed two separate but related issues. The post on May 3, 2010 explained that defendants in Ohio O.V.I. cases do not have the ability to challenge the general reliability of breath testing machines at trial due to the holding in State v. Vega. The…
Imagine you have been arrested for a D.U.I. (O.V.I. in Ohio), and the officer is requesting that you submit to a blood, breath or urine test. You don’t know what you should do, so you ask to speak with an attorney before you make a decision. But the officer doesn’t…
The Chicago Tribune reported that the driver of a tour bus in Chicago struck and killed a pedestrian, and a blood test following the accident was positive for cocaine. The bus driver is now being held without bail and likely facing charges of D.U.I. and Aggravated Vehicular Homicide. This tragic…