DUI/OVI lawyering

October 30, 2016

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

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.”

October 8, 2016

Vegas: It’s All About Education For DUI/OVI Defense

by Shawn Dominy

Yes, I saw Carlos Santana perform at the House of Blues. It’s true, I rented a convertible Mustang. I admit I hiked a breath-taking trail in Red Rock Canyon. I also acknowledge I enjoyed the luxury of Bellagio and saw amazing views from the High Roller. However: the primary purpose of my trip to Vegas was to learn more about DUI/OVI defense.

August 20, 2016

Ohio Administrative License Suspensions-Lesson #1

by Shawn Dominy

Practicing law is an art, not a science, and there are various methods to develop skill at the art of lawyering. One method is to learn the hard way. In a recent Ohio OVI case, the defense lawyer learned the hard way lesson number one for appealing an Administrative License Suspension (A.L.S.). Hopefully, others will learn from this example.

July 9, 2016

Self-Driving Cars And Ohio DUI

by Shawn Dominy

Carrie Underwood’s plea, “Jesus, take the wheel” is being replaced with the hands free command, “Siri, take the wheel”. According to a recent forecast by Business Insider, there will be 10 million self-driving vehicles on the road by 2020. With that in mind, I have been asked several times, “Are you concerned driverless cars will hurt your business as a DUI lawyer?”

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.

April 23, 2016

Ohio DUI/OVI Refusal Law May Be Affected By Cases In U.S. Supreme Court

by Shawn Dominy

Suppose a police officer comes to your home tonight without a warrant and wants you to consent to a search of your residence. If you are like most people, you would say ‘no’: you would assert your Fourth Amendment right to be free from unreasonable searches and seizures. Now suppose the government makes it a crime for you to refuse to consent to the search. That’s what Ohio and several other states have done with DUI laws which criminalize refusing a breath/blood/urine test. Those laws are the subject of cases currently before the United States Supreme Court.

March 19, 2016

OACDL Seminar: The Premiere Ohio DUI Defense Seminar

by Shawn Dominy

Last week was the annual DUI/OVI seminar presented by the Ohio Association of Criminal Defense Lawyers (OACDL). One of the slogans now attached to the seminar is ‘The Premiere Ohio DUI Defense Seminar’. When I hear that slogan, two questions come to mind:
1. Are there any other Ohio DUI defense seminars?
2. If so, what makes this one the ‘premiere’ seminar?

January 30, 2016

The Speedy Trial Clock In Ohio DUI/OVI Cases With Blood Or Urine Tests

by Shawn Dominy

Four months after Brittany was arrested and charged with OVI, the government charged her with a second count of OVI. In November, Brittany was arrested for OVI. On the day of her arrest, she submitted a urine sample, and she was charged with OVI. Three weeks later, the urine sample was analyzed, and the result was provided to the police department. In March, four months after the arrest, the police department charged Brittany with a second count of OVI based on the result of the urine test. Isn’t that a violation of her right to a speedy trial?

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?

December 13, 2015

Ohio DUI/OVI Marijuana Law Upheld After Half-Baked Attack

by Shawn Dominy

An appellate case decided earlier this month illustrates how not to attack the constitutionality of a law. In the case of State v. Topolosky, the Tenth District Court of Appeals upheld Ohio’s DUI/OVI marijuana law. Coincidentally, just before the case was published, I wrote about this topic in this blog, and I spoke about this topic at two seminars. The defendant in Topolosky did essentially the opposite of what I suggested in the blog and presentations. The defendant used an argument destined to fail…with bad timing…without an expert witness.