An article published earlier this month addresses the accuracy of field sobriety tests (FSTs). A team of researchers set-out to evaluate the effectiveness of FSTs for identifying drivers under the influence of THC. The researchers conducted clinical trials involving THC use, field sobriety testing, and driving simulations. The clinical trials…
Imagine you are totally sober, but your child’s daycare calls the police and reports you may be intoxicated. Imagine further the police make you perform field sobriety tests while your toddler is running around on the sidewalk. Now imagine you are prosecuted for DUI (called ‘OVI’ in Ohio) and Child…
The credibility of a law enforcement officer makes a difference in court. Judges seem to presume officers are credible. Officers, however, can ruin their credibility with unprofessional conduct, uncorroborated claims, and unconfirmed clues. The trooper in a recent Franklin County case did just that, and it resulted in the court…
We all remember learning in school the Fourth Amendment is the one which requires police to get a warrant to search your house or arrest you. That bullet point is great for helping kids learn the basics of their Constitutional rights; but, in practice, Fourth Amendment law is far more…
During a recent OVI jury trial, the judge and I disagreed about the function of standardized field sobriety tests (SFSTs). During a sidebar, I argued the tests do not measure driving impairment; they predict blood alcohol concentration (BAC). The judge’s opinion was SFSTs measure impairment of driving ability. The judge’s…
Fourth amendment law does not lend itself to mathematical formulas. Rather than using equations to decide Constitutional issues, courts look at the totality of the circumstances and make decisions on a case-by-case basis. This is particularly true when it comes to the issue of whether an officer had probable cause…
Imagine you are driving home on a central Ohio freeway after a late dinner and you are pulled over by a police officer. The officer says you were stopped for failing to use your turn signal when you changed lanes. The officer announces he smells the odor of alcohol and…
If you get a ride from an ARIDE officer, it’s because you’ve been arrested for DUI/OVI. The acronym stands for Advanced Roadside Impaired Driving Enforcement, and ARIDE is a course which some police officers complete to improve at investigating and prosecuting Ohio DUI/OVI cases involving drugs. To better understand what…