OVI trials sometimes involve testimony from expert witnesses. Those witnesses include pharmacologists who testify about the accuracy of the defendant’s breath test result. A recent decision from an Ohio Court of Appeals demonstrates the importance of assessing the quality of the expert witness report and evaluating the utility of anticipated expert testimony.
It was 82 degrees in February, but it was all about continuing education. Mostly. At least partly. It was the OACDL Sunshine Seminar in San Juan, Puerto Rico. It was great to escape Ohio’s winter weather and enjoy the beach, the rain forest, and old San Juan. And the educational part was good, too. There were six presentations, including mine, and one in-particular really resonated with me.
As of January 1, 2020, 11 states and Washington D.C. have legalized recreational marijuana use. That number increases to 33 states when you include medical legalization. Several studies have been conducted to determine what effect this ever-growing legal access to marijuana has had on traffic and DUI/OVI statistics. While more data will be needed to ultimately determine the true effect of legalization, these studies indicate there has been an impact.
Destruction of evidence by the government can violate a defendant’s right to due process of law. Due process violations often lead to cases being dismissed. Using dismissal as a remedy is based on the principle that denying a defendant access to evidence can make a trial unfair. This is particularly true when the evidence is ‘exculpatory’: it tends to disprove guilt or is otherwise favorable to the defendant. In DUI cases (called “OVI” cases in Ohio), the evidence often includes video from a police cruiser, a body camera, or a police station. When such a video is destroyed by the government, does the case get dismissed? Like so many questions in the legal world, the answer is:
it depends.
It makes the roads safer, except when it makes the roads more dangerous. It’s a fair consequence for a person convicted of DUI/OVI, except when it’s unfair. The ignition interlock device has been used increasingly by Ohio and most other states to prevent drunk driving. As illustrated by a recent article in The New York Times, the device intended to encourage safe roads and fair punishment has actually caused accidents and unjust punishments. What should Ohio do?
In an Ohio appellate case decided this month, the prosecutor assumed defense counsel’s motion was insufficient, and it did not end well for the prosecutor. Defense lawyers often file motions to suppress evidence in Ohio OVI cases. Occasionally, a prosecutor will claim the motion is not particular enough: it’s a ‘shotgun’ motion attacking all the evidence, or it’s a ‘boilerplate’ motion not sufficiently tailored to the defendant’s specific case. The recent case illustrates a prosecutor making that claim should still be prepared to meet their burden of proof.
Raymond Wells walked out of court thinking he knew his sentence and was probably surprised when he later learned it included more than what the judge told him in the courtroom. There is a common saying in the law that “the court speaks through its entries”. What happens if the judge says one thing in open court but another in the sentence entry? A recent case from the Sixth District Court of Appeals gives us an answer.
I recently had the pleasure of being interviewed by Grant Eagle on his podcast “5 Minute Legal Insights”. It actually lasted for ten minutes, and I was just getting warmed up! We discussed common misconceptions about DUI/OVI stops, arrests, and court cases. You can listen to the podcast here, and you can also find it on Apple Podcasts, Google Podcasts, Spotify and Stitcher.
Defen
se attorneys and forensic experts have claimed for years breath-testing machines are unreliable. Those claims tend to fall on deaf ears due to the inherent bias of the source: defense attorneys are advocates for clients accused of crimes based on the results of the machines. Recently, however, more objective sources investigated the reliability of alcohol breath testers and concluded they are often unreliable.
DORA may be coming to a city near you. Not Dora the Explorer with her singing map and backpack. DORA the law which allows cities to have Designated Outdoor Refreshment Areas. In a DORA, people can walk around with open containers of alcohol purchased from local establishments. The idea behind DORAs is to spur economic development, and cities across Ohio are now implementing DORAs. Here are some facts about DORAs you may be interested to know before visiting one.
Columbus OVI/DUI Attorney Blog