In Ohio, and throughout the United States, we have a Constitutional right to be free from unreasonable searches and seizures. In Ohio OVI cases, that means an officer can only arrest a suspect if the officer has probable cause to believe the suspect operated a vehicle under the influence of alcohol and/or drugs. In the recent case of State v. Bracken, the Court of Appeals concluded the arrest was not justified. Continue Reading
Lawyers sometimes learn through trial and error; literally. Education at the school of hard knocks can be valuable, but learning from the experience of others has its own value. One way attorneys can shorten the learning curve is by attending high quality continuing education seminars. One outstanding annual seminar for DUI/OVI lawyers is ‘The Premiere Ohio DUI Defense Seminar’ sponsored by the Ohio Association of Criminal Defense Lawyers (OACDL).
It Seems Like A Good Defense On Television
Television and movies would have us believe ‘circumstantial evidence’ is a viable defense in court. You can picture the dramatic scene in which a defense lawyer tells a prosecutor the prosecutor’s case is ‘merely circumstantial’. In a real courtroom, however, there is no defense of ‘circumstantial evidence’. In fact, Ohio OVI convictions are almost always based on circumstantial evidence, as demonstrated by a recent Ohio appellate case.
Joe was arrested for DUI / OVI, and the officer had Joe take a breath test and a urine test. The breath test showed an alcohol level under Ohio’s limit, and the urine test showed an alcohol level over Ohio’s limit. Based on the urine test result, Joe was prosecuted for operating a vehicle with a prohibited concentration of alcohol in his system. Should Joe be found guilty of OVI?
A smartphone app for breath-alcohol-testing was so promising that all five investors on Shark Tank collaborated on a deal for the first time. In 2013, Charles Yim went on the show and pitched his app to the Sharks. The Sharks collectively invested $1 million in Yim’s company Breathometer, Inc. for 30% of the company’s equity. Three years later, the company was the subject of an FTC complaint, and the complaint was recently settled.
Bad Facts Make Bad Law
If a police officer says a driver was under the influence of a drug, there is no need for testimony from an expert regarding whether the drug actually impairs driving. That is, essentially, the conclusion of the Ohio Supreme Court’s decision in State v. Richardson. There is a saying among lawyers: “bad facts make bad law”. The precedent created by this case may qualify as ‘bad law’, and the circumstances of the case definitely qualifiy as ‘bad facts’. Continue Reading
‘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
When a cel
ebrity 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.
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.
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.
Columbus OVI/DUI Attorney Blog