Columbus OVI/DUI Attorney BlogAfter three weeks of trial and nine days of deliberation, the jury found John Edwards Not Guilty on one charge and could not reach a unanimous verdict on the other five charges involving campaign finance fraud. Similar to the O.J. Simpson trial, the verdict and the jurors have been the subject of controversy and criticism. What the critics should grasp, and don’t seem to, is this: “not guilty” means “not proven”; it doesn’t mean “innocent”.
Articles Posted in DUI/OVI Constitutional issues
D.U.I. Dismissed For (Former) F.A.A. Administrator
On December 3, 2011, Randy Babbitt was the head of the United States Federal Aviation Administration (F.A.A.). Three days later, Babbitt was the former head of the F.A.A. In those three days, Babbitt was charged with a D.U.I. that led to his resignation.
But The Officer Never Read Me My Rights….
Every television-watching American knows about Miranda v. Arizona, and most have the following misunderstanding about criminal law (including O.V.I./D.U.I. law): “The officer never issued Miranda warnings; doesn’t that mean they have to dismiss my case?”
No. That’s not what it means.
Does Court-Ordered Apology Violate Constitutional Rights?
As an O.V.I./D.U.I. attorney, the Constitutional issues I regularly deal with involve the Fourth Amendment (search and seizure), the Fifth Amendment (double jeopardy, self-incrimination, due process), and the Sixth Amendment (trial rights). O.V.I. cases, and this blog, typically do not include First Amendment topics. However, an Ohio court’s ruling has peaked my interest.
Court Overturns D.U.I. Conviction Of Deaf Defendant
William Kral’s inability to hear made it very difficult for him to communicate with his attorney when he was charged with D.U.I. in the state of Washington. At his arraignment, he was assisted by an unqualified sign language interpreter that led him to believe the document he was signing was a continuance. The document was really a waiver of his right to a speedy trial. Six years later, Kral’s conviction was finally overturned, as reported by The News Tribune.
Blood Test Thrown Out In Ohio OVI Case Because Defendant’s Consent Was Invalid
Occasionally, evidence in Ohio O.V.I. (D.U.I.) cases comes from a blood sample taken at a hospital. When the blood sample is obtained in a hospital setting, issues arise regarding the admissibility of the blood test. One issue is whether the suspect’s consent to giving the blood sample is valid. For the second time in a year, a court of appeals has concluded that a defendant’s consent to a blood draw was not valid because it was not made knowingly and voluntarily.
Good Friends And Field Sobriety Tests
Justin’s buddy was arrested for O.V.I. (D.U.I.) and called Justin to pick him up at the police station. Being a good friend, Justin drove to the police station. When he arrived, Justin was greeted by an officer who noticed that Justin had glazed eyes, slurred speech, and an odor of alcohol. The officer had Justin get out of the car, and the officer administered field sobriety tests. The officer arrested Justin and charged him with O.V.I. Justin later appealed his O.V.I. conviction, claiming the officer did not have justification to administer field sobriety tests.
Bullcoming!!
The Sixth Amendment to the United States Constitution says a defendant in a criminal prosecution shall enjoy the right to be confronted with the witnesses against him. The extent of that right has undergone significant changes by courts interpreting the Constitution. A recent example is the case of Bullcoming v. New Mexico, in which the United States Supreme Court addressed the right of a defendant in a D.U.I. (O.V.I.) case to confront the analyst that determined the concentration of alcohol in the defendant’s blood.
Can I Talk With An Ohio OVI Attorney Before Field Sobriety Tests?
Suddenly, there are flashing lights in your rear-view mirror. ‘What did I do?’ The officer slowly approaches your window. “Good evening. I noticed you had some trouble staying in your lane back there. I need to see your license, registration, and proof of insurance.” The nervousness makes it nearly impossible to get that stupid license out of your wallet. Where is the registration? You finally give the officer the documents. “Just sit tight”, he says, “I’ll be ‘right back.”
Is There A Right To Counsel Before Taking A Breath Test In Ohio?
Imagine you have been arrested for a D.U.I. (O.V.I. in Ohio), and the officer is requesting that you submit to a blood, breath or urine test. You don’t know what you should do, so you ask to speak with an attorney before you make a decision. But the officer doesn’t let you. Is this a violation of your right to counsel? If so, what is the remedy? A recent decision by an Ohio Court of Appeals presents an interesting twist on these issues.