Although it is starting to look like it, this is not a blog about NFL players charged with DUI (called ‘OVI’ in Ohio). Recent articles discussed the cases of Henry Ruggs III and Geno Smith because those cases illustrated legal concepts related to DUI/OVI. The last article, about Geno Smith’s…
Articles Posted in Ohio DUI Cases
Geno Smith’s Case and Pre-Stop Evidence of DUI / OVI
I heard a report that Geno Smith, quarterback for the Seattle Seahawks, was stopped for speeding and arrested on suspicion of DUI (called ‘OVI’ in Ohio). My first thought was, “speeding doesn’t sound like evidence of DUI”. It turns out Smith was allegedly going 96 mph in a 60 mph…
Brain Imaging to Detect Marijuana Intoxication
Determining whether a driver is under the influence of marijuana is challenging. The standardized field sobriety tests used to predict alcohol levels are ineffective for marijuana intoxication. Levels of THC and its metabolites in blood and urine are not closely correlated with marijuana intoxication. So, how can law enforcement determine…
Does Ohio’s Drugged Driving ‘Per Se’ Law Unconstitutionally Punish Status?
When a person uses marijuana, the high from the THC last for about two hours, but the THC metabolites are detectable in the person’s urine for up to five weeks. Suppose a person smokes marijuana and a week later is pulled over and investigated for DUI (called ‘OVI’ in Ohio). …
A Tale of Two Cities: Destroyed Evidence in Ohio DUI / OVI Cases
In a DUI case (called ‘OVI’ in Ohio), what happens when evidence is destroyed because a prosecutor does not timely respond to a specific request for that evidence? It depends on the jurisdiction. In ten of Ohio’s 12 appellate districts, the case would likely be dismissed. In the other two…
Should Ohio Have Police Draw Blood For DUI / OVI Cases?
Police officers in Georgia are being trained to draw blood from drivers suspected of DUI (called ‘OVI’ in Ohio). Typically, a person arrested for OVI in Ohio is taken to a police station for a breath test or urine test. Occasionally, an OVI suspect is taken to a hospital for…
Driving Under the Influence of Dehydration
Ohio may need a new acronym for impaired driving. Our state has used various drunk driving abbreviations in the past. There was ‘DUI’ for Driving Under the Influence and then ‘OMVI’ for Operating a Motor Vehicle Intoxicated. Now that Ohio law does not require the vehicle to be motorized, we…
Ironic Appeal In Traffic Camera Case
Some municipalities in Ohio have used unfair procedures for enforcing traffic violations detected by cameras. The Ohio General Assembly addressed that unfairness by creating a new process for traffic camera violations. Not all municipalities are following the new rules. Recently, a municipal court judge found the Village of Brice did…
Ohio Supreme Court Upholds OVI/DUI Stop Based on Shouted Tip
There are many different ways somebody can find themselves as the subject of an OVI/DUI investigation. The most common is when an officer witnesses a driver commit a traffic offense, initiates a traffic stop, and then conducts an investigation based on their observations of the driver. Other times, an officer…
Ohio DUI /OVI Cases and Competent, Credible Evidence
When a defendant appeals a DUI conviction (called ‘OVI’ in Ohio), the defendant often claims the judge made an erroneous ruling regarding a motion to suppress. The appellate court then reviews the suppression issue decided by the judge to determine whether the judge’s decision was erroneous. When the issue involves…