The recent arrest of former U.S. Women’s Soccer goalie Hope Solo resulted in significant media coverage. As articles like this one from CNN reported, Solo was charged in North Carolina with DWI and Child Abuse. What North Carolina calls ‘DWI’, Ohio calls ‘OVI’. What North Carolina calls ‘Child Abuse’, Ohio…
Over the past couple of years, this blog has followed and discussed the United States Supreme Court’s decision in Mitchell v. Wisconsion. While Supreme Court decisions can seem like seismic shifts in the law when they are issued, the reality is it often takes time for their effects to be…
“U Can’t Touch This” – That’s what the trooper believed when he stopped Ryan Turner for touching the ‘fog line’ on Old State Route 74. Based on that belief, the trooper stopped Turner and ultimately charged him with ‘DUI’ (called ‘OVI’ in Ohio). Turner challenged the trooper’s decision, and the…
We here at the Dominy Law Firm are big fans of the classic game show “Jeopardy”. With the fast-paced trivia challenge and Alex Trebek’s unmatched gravitas, there is little not to like. We are also big fans of the Constitutional protection against Double Jeopardy. This protection is enshrined in the…
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…
In my experience as a criminal defense attorney, I have seen countless cases which began as simple traffic stops but escalated quickly into something far more complicated. Those more complicated cases often result from the officer searching my client’s vehicle and finding something illegal. Frequently, the officer’s search is based…
Technological devices are used to measure both speed and breath alcohol concentration. In court, the results of those devices are introduced to prove defendants are guilty of speeding or DUI (called ‘OVI’ in Ohio). As the government has the burden of proving a defendant’s guilt, one would expect the government…
Updated April 10, 2020 The ongoing coronavirus (COVID-19) pandemic has had a profound effect on nearly every aspect of American society. From closing schools, bars and restaurants to banning public gatherings over a certain size, Ohio has followed expert advice to keep people physically separated as much as possible. To…
OVI trials sometimes involve testimony from expert witnesses. Those witnesses include pharmacologists who testify about the accuracy of the defendant’s breath test result. A recent decision from an Ohio Court of Appeals demonstrates the importance of assessing the quality of the expert witness report and evaluating the utility of anticipated…
Destruction of evidence by the government can violate a defendant’s right to due process of law. Due process violations often lead to cases being dismissed. Using dismissal as a remedy is based on the principle that denying a defendant access to evidence can make a trial unfair. This is particularly…