Earlier this month, a 19-year-old was pulled over for driving erratically in Lincoln, Nebraska. When police searched his vehicle, they found beer and a bottle of vodka. Following field sobriety tests, he was arrested for D.U.I. and had a breath alcohol concentration more than twice the legal limit (see article…
The police chief in Austin, Texas recently proposed that the State add a new charge of “Driving While Ability Impaired”. Currently in Texas, a driver with a BAC of .08 or higher is considered to be under the influence. The proposed law would punish those drivers whose blood alcohol concentration…
R.W. lay in the hospital bed waiting for his injuries to be treated. A police officer came in the room and said she wanted to talk with him about the accident. The officer read to him the B.M.V. 2255 form regarding the consequences of taking and refusing the blood test.…
A guy rode his bike to the ATM because he thought he was too drunk to drive (he probably needed the cash for Taco Bell or White Castle). To his surprise, a police officer arrested him for O.V.I. (D.U.I.) as he rode through a shopping center parking lot. As part…
A man in Casper, Wyoming was charged with D.U.I. twice in the same night. It was not the first such occurrence in this Wyoming town. The incident raises the issue of increased penalties for repeat D.U.I. offenses, additional charges for Driving Under Suspension, and the policy of releasing arrestees after…
Police in Minnesota arrested three people for DUI in one incident. Police received a call that a car went off the road and crashed into a shed. When they arrived, they found the driver and passenger in the car. The driver was a 12-year-old girl, and she was ultimately charged…
Law enforcement in Central Ohio is participating in a state-wide crackdown on drunk driving, as reported by NBC4i. They are trying to send the message: “if you drive drunk, you will be caught and arrested”. The state-wide campaign, “Over The Limit, Under Arrest” began on August 20, 2010 and continues…
When we think of O.V.I. (D.U.I.) cases, we tend to think of cases involving a person driving under the influence of alcohol. However, Ohio O.V.I. law also prohibits operating a vehicle under the influence of a drug of abuse, and many prescription medications are “drugs of abuse”. In a recent…
In a previous post, I discussed the Intoxilyzer 8000. The Ohio Department of Health made a controversial purchase of 7000 of these breath-testing machines, and a few are being used in central Ohio D.U.I./O.V.I. cases. In the previous post, I said I would give developments from my first 8000 case.…
Discovery is the process by which the prosecution and defense exchange evidence. In Ohio, the discovery process for criminal cases (including O.V.I./D.U.I. cases) is governed by Rule 16 of the Ohio Rules Of Criminal Procedure. Rule 16 was recently revised, and the revised rule became effective on July 1, 2010.…