Columbus OVI/DUI Attorney BlogKerry Kennedy recently ran her vehicle into a truck and continued driving. She was soon found slumped over the steering wheel, and she was unable to remember what happened, as reported by ABC News. Kennedy said it was possible she accidentally took Ambien that morning rather than a thyroid pill. She also said an examination by her doctors revealed she had a seizure. Kennedy was charged with driving under the influence of drugs and has pled not guilty. Her crash raises questions regarding driving under the influence of Ambien.
Articles Posted in DUI/OVI laws and cases
Confrontation Clause Confusion
The Confrontation Clause of the United States Constitution has been the subject of a series of modern cases decided by the United States Supreme Court. Last month, the Court issued its latest interpretation of a defendant’s right to confront the witnesses against him. The new case, Williams v. Illinois, leads to Confrontation Clause confusion.
John Edwards And Proof Beyond A Reasonable Doubt
After 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”.
Can I Be Charged With Ohio D.U.I. / O.V.I. On My Own Property?
Like so many times before, officers responded to a call about a suspected drunk driver. The officers approached the driver and noticed the driver had the usual indications of intoxication: slurred speech and the odor of alcohol. Like most D.U.I. cases, the driver failed field sobriety tests and a breath test. Unlike most cases, however, the incident occurred on the driver’s front yard. Yes, Dennis Jones was arrested for driving under the influence in his front yard in Paisley, Florida. Could this happen in Columbus, Ohio?
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.
Ohio O.V.I. And Child Endangering
In July of 2011, state Representative Jarrod Martin was driving his children in his pickup truck in Jackson County, Ohio. He was pulled over by a state trooper for a marked lanes violation after his truck drifted left of center. The trooper asked Martin to perform field sobriety tests, and Martin declined. Martin also declined a breath test, which resulted in a one-year license suspension. Martin was charged with O.V.I. and Child Endangering in the Jackson County Municipal Court. He hired an attorney and pled Not Guilty. Six months later, the charges of O.V.I. and Child Endangering are being dismissed, and Martin is pleading guilty to the Marked Lanes violation, according to the Dayton Daily News.
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.
Second Ohio D.U.I. Charge With A Twist
“Shawn, it’s Joe Smith. You’re not going to believe this, but….” I believe it, because I’ve received this call more than once. My client has a D.U.I. (O.V.I.) pending, we’re scheduled to go back to court soon, and the client is charged with a second D.U.I. This recently happened in a Florida case, with a twist.
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.”