Columbus OVI/DUI Attorney Blog

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.

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.

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?”

June 30, 2016

U.S. Supreme Court Decides Constitutionality Of Warrantless Blood Tests And Breath Tests In DUI Cases

by Shawn Dominy

Last week, the United States Supreme Court released a decision in a trio of cases involving DUI refusal laws. A previous article in this blog gives a preview of the cases. To decide the outcomes of those cases, the court analyzes whether search warrants are required before law enforcement officers can administer breath tests and blood tests. Based on that analysis, the Court decides whether states can make it illegal to refuse chemical tests in DUI cases. The Court’s decision will impact Ohio DUI/OVI cases.

May 21, 2016

Ohio Drugged Driving Law: Must Be Nexus Between Drug And Driving Impairment

by Shawn Dominy

The only presumption permitted in an Ohio DUI/OVI trial is the presumption the defendant is not guilty. In a case alleging drugged driving, the prosecution must prove the defendant ingested a drug, and the prosecution must prove the defendant’s ability to drive was impaired. Finally, as a recent case illustrates, the prosecution must prove causation: the impaired driving ability was caused by ingesting the drug.

May 14, 2016

False Arrest Claims – Your Options After The DUI/OVI Case Is Over

by Shawn Dominy

I have recently had the privilege of working on OVI cases with attorney Eric Holloway. In addition to OVI defense, Eric also represents clients in civil rights cases, including cases involving false arrest. As a follow-up to the last blog entry, ‘Uncovering False Arrests In DUI/OVI Cases’, I asked Eric to summarize the options of a person falsely arrested for OVI. Eric agreed to be a guest blogger and prepared the remainder of this article.