Columbus OVI/DUI Attorney Blog

December 17, 2016

Top Ten Ways To Avoid A DUI / OVI This Holiday Season

‘Tis the season for holiday parties. ’Tis also the season for DUI/OVI arrests (in Ohio, it’s called OVI). From Thanksgiving Eve (‘blackout Wednesday’) to New Year’s Day, officers are particularly ambitious about enforcing Ohio’s drunk driving laws this time of year.

But OVI convictions can be avoided. The first five recommendations below may help you avoid getting arrested and charged with OVI. If you get arrested anyway, the second five recommendations may help you avoid getting convicted of OVI and having that OVI conviction on your permanent record. Continue Reading

December 10, 2016

Ohio Supreme Court: Cruiser Videos Are Public Records

by Shawn Dominy

When a celebrity is accused of DUI/OVI in Ohio, the celebrity’s cruiser video is often on the local news the next day. News outlets obtain cruiser videos by making public records requests with the arresting law enforcement agency. Those public records requests are routinely processed quickly. Sometimes, however, law enforcement agencies decline or delay release of the public records. A recent case decided by the Ohio Supreme Court addresses the details of releasing cruiser videos as public records.

November 19, 2016

Should A DUI / OVI As A Juvenile Enhance A Later DUI / OVI As An Adult?

by Shawn Dominy

In Ohio DUI / OVI cases, mandatory minimum penalties are increased based on prior OVI convictions. One issue faced by Ohio courts is whether a person’s OVI adjudication (‘conviction’) as a juvenile can be used to enhance a subsequent OVI sentence as an adult. The Ohio Supreme Court recently issued an opinion which settles the issue.

November 12, 2016

Calibrating Breath Testing Machines In Ohio DUI/OVI Cases

by Shawn Dominy

Over 20,000 DWI cases in New Jersey are being called into question due to problems with the recalibration of breath-testing machines. According to New Jersey 101.5, Sgt. Marc Dennis skipped a critical step each time he recalibrated the machines. Plaintiffs in a class-action lawsuit now seek to vacate thousands of convictions in which evidence was produced by those breath-testing machines. Although this debacle occurred in New Jersey, it illustrates the importance of properly maintaining breath-testing machines in Ohio DUI/OVI cases.

October 30, 2016

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

by Shawn Dominy

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.

September 19, 2016

Change To Ohio DUI/OVI Law Expands Driving Privileges

by Shawn Dominy

Until a few days ago, the scope of driving privileges for Ohio DUI/OVI suspensions was very limited. A parent on limited driving privileges was not permitted to drive children for extra-curricular activities. A person on limited driving privileges was not allowed to drive to care for elderly parents. A person on limited driving privileges could not drive to AA or counseling unless it was court-ordered. That changed last week, when the state legislature revised Ohio law for limited driving privileges.

September 5, 2016

Ohio Administrative License Suspensions-Lesson #2

by Shawn Dominy

The last entry in this blog discussed lesson number one for appealing an Ohio Administrative License Suspension (A.L.S.). The lesson came from a recent appellate case. That lesson was for defense lawyers, and it was simple: file the appeal on time. This entry discusses lesson number two, which also comes from a recent appellate case. This lesson is for courts, and it is also simple: follow the law.

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.

August 13, 2016

Weakening Of Exclusionary Rule Could Affect Ohio DUI/OVI Cases

by Shawn Dominy

At some point, the exception becomes the rule. To discourage police from violating individual rights, we developed the exclusionary rule. If evidence is obtained as a result of an unreasonable search or seizure, or other Constitutional violation, the evidence is excluded from trial. That’s the general rule. Courts, however, have created exceptions to this rule. One exception to the exclusionary rule was the subject of a recent case before the United States Supreme Court. The outcome of that case could affect DUI/OVI cases in Ohio.