As of today, recreational marijuana use is legal in Ohio. What is not legal is operating a vehicle under the influence of marijuana. Ohio has five laws related to cannabis and cars, and those laws remain unaffected by Ohio’s legalization of recreational marijuana.
The Chikushino Police Department has a program in which driving instructors test the driving skills of volunteers who are under the influence of alcohol. According to a CNN article, testing impaired drivers is part of a drunk driving awareness campaign. In Ohio, we do not use drunk driving exams to determine if drivers are impaired by alcohol or drugs. Instead, we use field sobriety tests and blood/breath/urine tests. Those tests are circumstantial evidence that a person was operating a vehicle under the influence.
After a domestic dispute, an Ohio woman intentionally hit a man with her car and was charged with Aggravated Vehicular Assault. According to a recent story by WHOTV7, the woman drove her SUV over a sidewalk and into a yard to hit the man. That does sound intentional. When it comes to vehicular crimes in Ohio, is intent necessary?
A police officer was recently charged with DUI (called ‘OVI’ in Ohio) and Fleeing the Scene of an Accident. According to News 13 in Myrtle Beach, the officer is a sergeant who serves as the supervisor of the traffic division. In our OVI defense practice, we have represented clients suspected of OVI and Failure to Stop After Accident (commonly called ‘Hit-Skip’). In some cases, the driver is charged only with Hit-Skip. In other cases, the driver is charged with both Hit-Skip and OVI. Drivers in those situations also face the possibility of being charged with felony offenses.
When a suspect is in the custody of a law enforcement officer, the officer must provide Miranda warnings before questioning the suspect. If the officer does not give sufficient warnings, the suspect’s statements made in response to questioning cannot be used at trial. In a recent DUI Murder case in California, Miranda violations resulted in an appeals court ordering a new trial.
As recently reported by CTV News, a man is facing criminal charges for canoeing while drunk. According to the news report, officers were called to Christina Lake on the report of an intoxicated person. When the officers arrived, the man hid under a dock, and an officer went into the water bring him out. The officers arrested the man and charged him with impaired operation of the canoe. This incident occurred in British Columbia, but could someone in Ohio be charged with DUI/OVI in a canoe?
Following his recent arrest for DUI (called ‘OVI’ in Ohio), Bob Huggins resigned from his position as the men’s basketball coach at West Virginia University. His situation is illustrative of many high-profile individuals who have lost jobs due to a DUI/OVI. But it is not only high-profile individuals who face employment consequences for OVI cases. We are frequently asked the following questions about OVI cases and employment.
According to a story by NBC4i, the Ohio State Highway Patrol reports that 30% of DUI arrests (called ‘OVI’ in Ohio’) come from repeat offenders. In Ohio, the mandatory OVI penalties increase with every conviction in ten-years (called the ‘lookback period’). Those penalties include vehicle sanctions, license suspensions, incarceration, and other consequences.
With the media reporting the recent changes to Ohio’s distracted driving laws, Ohio drivers probably have questions. In what circumstances am I prohibited from using a cell phone when I’m driving? In what circumstances am I permitted to use a cell phone when I’m driving? What is the law on ‘distracted driving’? Can I be stopped for violating these laws? What are the penalties if I’m caught? What if I am under 18? This article answers those questions.
The issue of venue recently arose in an Ohio Vehicular Homicide case. As reported by the Leader-Telegram, the defendant was accused of hitting two highway workers in Clark County. As a result of the collision, one worker died, and the other was seriously injured. The defense attorney filed a motion for change of venue. What is venue, and when can it be changed?
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Columbus OVI/DUI Attorney Blog