In November of 2022, an article in this blog reported the state of Ohio intends to use oral fluid testing in the future. The future is here. When NBC4 reported on the Traffic Safety Council’s recommendation of oral fluid testing for DUI cases (called ‘OVI’ in Ohio), the Ohio Department of Health had already passed new regulations which add oral fluid to the bodily substances which may be tested. Those regulations became effective on January 23, 2023.
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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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We’ve used this space in the past to discuss issues with Ohio’s approach to DUI (called ‘OVI’ in Ohio) cases involving marijuana. The rising prevalence of marijuana OVIs following Ohio’s legalization of medical marijuana has shown Ohio’s OVI laws are woefully out-of-date to deal with these issues. A recent bill in the Ohio Senate seeks to update the way the law treats marijuana OVIs. This bill, if passed, would have a profound impact on the way marijuana OVI cases are charged, handled by courts, and defended by OVI defense attorneys.
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Rejecting a No Contest plea may be an abuse of a judge’s discretion, according to a case decided last week by the Ohio Supreme Court. A plea of No Contest is different than a guilty plea, and the plea of No Contest is used for two purposes in DUI (called ‘OVI’ in Ohio) cases. Although a judge’s approval is required for a plea of No Contest, the case decided last week makes it clear a judge’s refusal to give approval may be overturned.
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The special license plates for DUI offenders are commonly referred to as “party plates” and “family plates”. The official term in Ohio is “restricted license plates”. Whatever you call them, nobody wants them. In Ohio, the plates are yellow with red lettering, and they signal to everybody the driver of that vehicle was convicted of DUI (called ‘OVI’ in Ohio). This article explains when the plates are required, how they are obtained, and possible penalties for restricted plate violations.
In DUI cases (called ‘OVI’ in Ohio), a defendant is sometimes charged with two OVI charges. One charge is OVI ‘impaired’, based on operating a vehicle under the influence of alcohol and/or drugs. The other charge is OVI ‘per se’, based on operating a vehicle with a prohibited concentration of alcohol and/or drugs in the driver’s breath, blood, or urine. In cases involving blood and urine tests, the charge of OVI ‘per se’ is often filed weeks or months after the charge of OVI ‘impaired’ is filed, as law enforcement waits to file the ‘per se’ charge until after receiving the results of the blood/urine test.
In those cases, when does the speedy trial clock start for the later-filed charge of OVI ‘per se’? Is it when the original charge was filed, when the test results were received, or when the second charge is filed? That question was recently answered by the Ohio Supreme Court.
Back in 1791, when the 8th Constitutional Amendment was ratified, the Framers of the Constitution decided there should be limits on financial sanctions for criminal behavior. Accordingly, the 8th Amendment prohibits ‘excessive fines’. Courts have interpreted the Constitutional prohibition of excessive fines to apply to forfeiture of property in criminal cases. The Ohio Supreme Court recently held that forfeiture of a $31,000 vehicle for a repeat DUI conviction (called ‘OVI’ in Ohio) does not violate the Excessive Fines Clause of the 8th Amendment.
From the 2008 Lindsay Lohan stories to the 2022 news reports about Paul Pelosi’s DUI conviction, the past 14 years have shown a dramatic increase in the use of ignition interlock devices (IIDs) for individuals charged with DUI (called ‘OVI’ in Ohio). A recent report by Coherent Market Insights indicates IIDs in North America will be a $68.5 million industry by 2027. In Ohio, the increased use of IIDs is due, in part, to Annie’s Law. IIDs may be an effective method of preventing OVI, but they do have drawbacks.
Suppose a person is charged with DUI (called ‘OVI’ in Ohio) and that person previously refused an alcohol/drug test when arrested for OVI. Can that person’s sentence be enhanced for the current OVI based on the prior refusal? This question was recently addressed by the Wisconsin Supreme Court. In Ohio, this question is addressed in the Ohio OVI statutes. The Ohio OVI statutes are nuanced and do provide consequences for prior convictions and test refusals.
Can you get a DUI (called ‘OVI’ in Ohio) on a vehicle which is not motorized? Like many legal questions, the answer is, ‘maybe’. A person involved in a recent ‘pedal pub’ incident found out the hard way the answer is ‘yes’ when operating a mobile bar in Georgia. But what about Ohio?
Columbus OVI/DUI Attorney Blog