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Articles Posted in DUI/OVI drugs

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How Does Ohio OVI / DUI Law Address Medical Marijuana?

We’ve used this space in the past to discuss how the nationwide trend in marijuana legalization has impacted the enforcement of DUI laws (called ‘OVI in Ohio’). After last week’s election, 37 states plus Washington D.C. have now legalized marijuana in some fashion. While recreational use of marijuana has been…

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Prosecution Must Prove All Elements For Charges of DUI/OVI Drugs In Ohio

There is a difference between what generally ‘makes sense’ and what is sufficient evidence in court. In a recent Ohio DUI/OVI case, the prosecution’s failure to prove all the elements of an offense resulted in one conviction being reversed and probably should have resulted in a second conviction being reversed…

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Ohio Prosecutes DUI/OVI Marijuana Even If Driving Isn’t Impaired

Ohio and Pennsylvania are two states which still prosecute drivers for DUI / OVI marijuana, even if the marijuana metabolites in the driver’s system are not affecting the person’s ability to drive. The Philadelphia District Attorney’s office recently announced it will not prosecute cannabis DUIs unless the driver has amounts…

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Are Ohio’s DUI/OVI Marijuana Laws Constitutional?

Issue 3 went up in smoke last week, so it’s still illegal to use marijuana in Ohio.  It’s also illegal to operate a vehicle under the influence of marijuana or with a prohibited level of marijuana metabolite in one’s urine.  The last article in this blog addressed the duration of…

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