The last post for this blog discussed the defendant’s right to confront and cross examine the people responsible for the chemical test that determines a defendant’s blood alcohol level. On one hand, the United States Supreme Court strengthened this confrontation right in Melendez-Diaz. On the other hand, an Ohio court…
Imagine a case in which the defendant is not permitted to challenge the most critical evidence. For example, imagine a products liability case in which the plaintiff says, “we know the product was defective because we did scientific testing which showed it was defective.” The defendant would challenge the scientific…
After crashing his SUV into another car at the gated entrance to his Florida neighborhood, a man crashes through the entrance gate and comes to a stop. He then runs, naked, carrying his dog, into his home. An officer goes to the man’s home and finds him lying in bed…
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…