DUI/OVI enforcement

November 12, 2016

Calibrating Breath Testing Machines In Ohio DUI/OVI Cases

Over 20,000 DWI cases in New Jersey are being called into question due to problems with the recalibration of breath-testing machines. According to New Jersey 101.5, Sgt. Marc Dennis skipped a critical step each time he recalibrated the machines. Plaintiffs in a class-action lawsuit now seek to vacate thousands of convictions in which evidence was produced by those breath-testing machines. Although this debacle occurred in New Jersey, it illustrates the importance of properly maintaining breath-testing machines in Ohio DUI/OVI cases.

October 30, 2016

Can We Trust Crime Lab Results In Ohio DUI/OVI Cases?

by Shawn Dominy

Today’s report regarding the conduct of a forensic scientist employed by the state of Ohio demonstrates the danger of the government enforcing laws without effective checks and balances. Forensic scientist G. Michele Yezzo worked for over 30 years as a laboratory technician for the Ohio Bureau of Criminal Investigation (BCI). During that time, she analyzed evidence in criminal cases and testified in court regarding those analyses. The feature story in The Columbus Dispatch says she now, “stands accused of slanting evidence to help cops and prosecutors build their cases.”

May 14, 2016

False Arrest Claims – Your Options After The DUI/OVI Case Is Over

by Shawn Dominy

I have recently had the privilege of working on OVI cases with attorney Eric Holloway. In addition to OVI defense, Eric also represents clients in civil rights cases, including cases involving false arrest. As a follow-up to the last blog entry, ‘Uncovering False Arrests In DUI/OVI Cases’, I asked Eric to summarize the options of a person falsely arrested for OVI. Eric agreed to be a guest blogger and prepared the remainder of this article.

April 30, 2016

Uncovering False Arrests In DUI/OVI Cases

by Shawn Dominy

Officer Richard Fiorito was a DUI supercop. He was honored by Mother’s Against Drunk Driving (MADD) for his efforts to combat DUI, and he was named a ‘top cop’ by the Alliance Against Intoxicated Motorists (AAIM). According to Inthesetimes.com, Fiorito averaged one DUI arrest each day he worked. He was like a superhero fighting to keep the Chicago streets safe: it was almost too good to be true.

December 26, 2015

When Can Tickets Be Amended In Ohio DUI/OVI Cases?

by Shawn Dominy

At the last minute, without warning, the government convicted Demetrius of a more serious offense than with which he was originally charged. Demetrius received a ticket for OVI. The ticket informed him he was charged with a low-tier ‘per se’ OVI, which carries a minimum of three days in jail and does not involve mandatory restricted (yellow) license plates. Just before his case was finished, the court permitted the prosecution to change the charge to a high-tier ‘per se’ OVI, which carries a minimum of six days in jail and mandatory yellow license plates. Can the government to that?

September 26, 2015

What Happens When An Ohio Driver Gets A DUI In Another State?

by Shawn Dominy

I’m traveling to another state for a seminar next week. It just so happens the state is Nevada, and the seminar is in Las Vegas. For me, there is no risk of being convicted of DUI in Nevada because the trip is all about education! Sometimes, however, an Ohio driver comes home with the unwanted souvenir of an out-of-state DUI conviction. When it comes to DUI, what happens in Vegas does not stay in Vegas: there are consequences in Ohio for a DUI conviction in another state.

August 8, 2015

Drink Driving In Scotland Compared To DUI / OVI In Ohio

by Shawn Dominy

My rental car, brilliantly parked outside our B&B in Portree on the Scottish Isle Of Skye.

I thought they were all drunk: they were driving on the wrong side of the road. But they weren’t drunk, they were just driving in Scotland. And so was I. I drove on the left, sat on the right, and shifted with my left on the endless roundabouts and turns. I navigated all the sheep, stone walls, and cliffs as I drove from the English countryside to the Scottish highlands, so I consider my recent holiday a driving success. The trip prompted me to compare the drunk driving laws of Ohio to the ‘drink driving’ laws of Scotland.

July 11, 2015

Ordeal Shows Presumption Of Innocence Is Crucial In Ohio DUI/OVI Cases

by Shawn Dominy

When authorities found Donna Wardell in her Chevrolet Impala, the car was upside-down, held in the air by part of the utility pole she just hit (see the story at app.com). Medics pulled her out of the car through the windshield and rushed her to the hospital. The medical team determined the crash was the result of a seizure caused by a brain tumor. Wardell did not know about the tumor: she learned of it in the hospital. She later learned something else: she was being charged with DWI because, when the medics removed Wardell from her car, they observed the odor of alcohol.

June 13, 2015

Should All Vehicles Be Equipped With Alcohol Sensors?

by Shawn Dominy

How frustrating would it be if your car won’t start because you recently used mouthwash, put on cologne, or ate a cinnamon roll? That frustration could be real if the federal government ultimately requires alcohol sensors in cars. According to the Columbus Dispatch, federal officials recently announced plans to implement a technological advancement in alcohol-detecting sensors for vehicles. The government anticipates the new alcohol sensors could significantly reduce drunk driving. The sensors may also increase headaches for non-drinking drivers.

February 28, 2015

Motorcyclist With No Alcohol In His Blood Waits Five Months Before DUI Charge Is Dismissed

by Shawn Dominy

In September of 2014, CW was driving his motorcycle in northwestern New York and collided with another motorcycle. A police officer responded to the accident scene and reportedly noticed the odor of alcohol on CW. The officer asked CW to take a breath test, and CW refused. The officer ultimately obtained a blood sample from CW and charged him with DWI (known as OVI in Ohio). The officer then sent the blood sample to be tested. The test revealed a blood alcohol content of 0.00. Last week, five months after CW was charged with DWI, the case was finally dismissed, as reported by the Genesee Sun.