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…
There is an ever-increasing number of apps for Iphones, Droids, and BlackBerrys. In addition to finding local restaurants and launching angry animals, smartphone users can now download apps designed to help the users avoid DUI charges. United States senators recently moved smartphone manufacturers to discontinue these apps, which raises the…
As a D.U.I. defense attorney, this is one of the most frequently asked questions I receive (second only to “how can you do that?”). The answer is surprisingly complicated: it depends on factors that include how much alcohol you drank, whether you are more concerned about the short-term or long-term…
St. Patrick’s day is one of the biggest days of the year for drinkers. In central Ohio, it’s second only to Independence Day. It is no surprise, then, that the Franklin County DUI Task Force announced two DUI checkpoints for St. Patrick’s Day, 2011. What may come as a surprise…
Historically, if a driver refused to give a sample of blood, breath or urine, the driver’s license would immediately be suspended for refusing, but there would be no alcohol test to use as evidence against the driver. Things changed in 2009, when the Ohio legislature passed a law saying, if…
The last two posts of this blog have addressed two frequently asked questions: (1) should I contest my D.U.I. charge? and (2) should I represent myself in a D.U.I.? This post discusses a common follow-up question: if I have decided to contest my D.U.I. charge and I’m not going to…
If you are charged with a D.U.I. (O.V.I.) in Ohio, do you really need to hire an attorney, or can you just represent yourself (proceed “pro se”)? This post could be cut short with the old adage “he who represents himself has a fool for a client”, but I think…
So you’ve been charged with a D.U.I. (O.V.I.) in Ohio, and you’re wondering if you should contest it or just plead guilty at the first court appearance (the arraignment). Pleading guilty at the arraignment would get it over with quickly, thereby saving time and money. On the other hand, a…