Cases of Vehicular Homicide and Vehicular Assault often involve testimony regarding accident investigation and accident reconstruction. Accident investigation is the collection of evidence at the crash site, and this activity is typically not considered the domain of expert testimony. Accident reconstruction is the use of scientific methods to determine the…
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…
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…
There has not been a live DUI defense seminar in Ohio for over a year. The Premier Ohio DUI Defense Seminar, hosted by the Ohio Association of Criminal Defense Lawyers (OACDL) is typically held in March. This year, with the hope of having participants present in-person, the seminar was postponed…
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…
Qualified Immunity, a defense used by police officers in civil rights lawsuits, is a topic not typically discussed in this blog. However, as a criminal defense lawyer, I have been asked about Qualified Immunity due to recent events in the United States. In addition, an individual who files a lawsuit…
A few days before the Kansas City Chiefs were to play in the Super Bowl, assistant coach Britt Reid (son of head coach Andy Reid) was involved in a three-car accident which left a five-year-old in critical condition. Earlier this month, Britt Reid was charged with the felony offense of…
Many people charged with DUI (called ‘OVI’ in Ohio), especially those charged with a first offense, feel like they are in the dark. They do not understand the elements and consequences of OVI, and they do not know what to expect in the court process. They also are uncertain about…
When people think of a DUI charge (called ‘OVI’ in Ohio), most think of drunk driving. This is where the bulk of the money and effort have been concentrated to raise awareness: think of the “Buzzed Driving is Drunk Driving” or “Over the Limit, Under Arrest” advertising campaigns. However, with…
A police officer discarded evidence that a DUI suspect blew under the ‘legal limit’. According to WCNC, the suspect was involved in a one-car accident and pulled her vehicle into a gas station parking lot. An officer went to the gas station and had the suspect perform field sobriety tests.…