Ohio and Pennsylvania are two states which still prosecute drivers for DUI / OVI marijuana, even if the marijuana metabolites in the driver’s system are not affecting the person’s ability to drive. The Philadelphia District Attorney’s office recently announced it will not prosecute cannabis DUIs unless the driver has amounts of psychoactive THC which affect driving. Ohio prosecutors should consider implementing this policy.
It turns out the criminal defense lawyers were not the only group gathering in Myrtle Beach. It was bike week. Harley Davidson bike week to be precise. Thousands of bikers rolled in to cruise the strip, and a small percentage participated in drag racing, drunk driving and disorderly conduct. While some people were in the tourist town breaking the law, others were there learning about the law. I was in the latter group.
The United States Supreme Court recently heard oral arguments in the case of Mitchell v. Wisconsin. As this blog discussed previously, this the third case in a series of cases dealing with whether the police can take a DUI/OVI suspect’s blood without a search warrant. The questions and statements from the bench during the oral argument may telegraph how each justice views the issue. However, in our experience, it is difficult to predict the outcome of a case based on the oral arguments.
Texting is arguably more dangerous than drunk driving. According to a study conducted by Car And Driver, a driver’s reaction time is worse while texting than while intoxicated. With nearly all drivers in possession of a cell phone, it seems likely many more people are driving while texting than driving while under the influence of alcohol or drugs. For decades, law enforcement has developed methods to detect drunk driving. Officers now need a way to detect texting while driving without violating individuals’ right to privacy. Is the new “Textalyzer” the answer?
Brynn Campbell was involved in a head on-crash which killed the 83-year-old woman driving the other car. Campbell was taken to the hospital, and hospital staff performed a urine test. Although Campbell showed no obvious signs of impairment, a police officer went to the hospital and asked the nurse for the urine test results. The results showed Campbell’s alcohol level was well over the limit, according to the Global News. The officer then obtained a search warrant to obtain Campbell’s urine samples and have them tested. Campbell was charged with vehicular homicide. She was acquitted by the trial court, and the prosecution appealed.
Anyone who has been charged with an OVI / DUI in Ohio has had the pleasure of listening to an officer read several paragraphs from the back of a form provided by the Ohio BMV. This often droll recitation is required by Ohio’s implied consent law, which says that anyone who operates a vehicle in the state implicitly consents to takes a blood/breath/urine test for drugs and/or alcohol if arrested for OVI. An implied consent law similar to Ohio’s was recently found to be unconstitutional by the Georgia Supreme Court.
The modern version of the OACDL annual DUI/OVI seminar began in 2002. That means this year we celebrate the 18th birthday of the seminar. I have attended every year, I have participated for many years, and I have been the co-chair for the past few years. Just like parents say about their children, I can’t believe it has been 18 years. Like a proud parent, I think this seminar has matured to be one of the best DUI seminars in the country. This year’s agenda featured too many speakers to name and too many presentations to summarize, but this article covers some of the highlights.
The credibility of a law enforcement officer makes a difference in court. Judges seem to presume officers are credible. Officers, however, can ruin their credibility with unprofessional conduct, uncorroborated claims, and unconfirmed clues. The trooper in a recent Franklin County case did just that, and it resulted in the court of appeals concluding the trooper’s arrest of the defendant was unlawful.
The New York Police Department recently demanded that Google remove a function from the Waze app which permits users to report DUI checkpoint locations. In its ‘cease and desist’ letter, the NYPD stated posting checkpoint locations is irresponsible and possibly criminal. The agency insisted that Google take every necessary precaution to ensure GPS data of DUI checkpoints is not posted on Waze, Google Maps, or associated platforms under its control. If the police in New York City can place such demands on Google, then law enforcement in Ohio can do the same. This raises the question: should the government prohibit Waze (and other apps) from reporting DUI / OVI checkpoints in Ohio?
Just as Hollywood has produced some good movies in trilogies, the United States Supreme Court has produced some good case law in trilogies. The Court addressed the right to confront crime lab analysts with the trinity of Bullcoming, Melendez-Diaz and Williams. On the issue of the need for a warrant to draw blood from a DUI suspect, two-thirds of the triad have been completed: McNeely and Birchfield. The triumvirate is about to be consummated with Mitchell v. Wisconsin.
Columbus OVI/DUI Attorney Blog