Columbus OVI/DUI Attorney Blog

May 23, 2015

When Are Police Permitted To Give Field Sobriety Tests?

Imagine you are driving home on a central Ohio freeway after a late dinner and you are pulled over by a police officer. The officer says you were stopped for failing to use your turn signal when you changed lanes. The officer announces he smells the odor of alcohol and asks if you have been drinking. You did have a glass of wine with dinner. The officer then asks you to get out of the car for some field sobriety tests to “make sure you’re okay to drive”. Under what circumstances is the officer justified in doing this?

May 2, 2015

Supreme Court Addresses Use Of Drug Dogs At Traffic Stops

by Shawn Dominy

This is no police drug dog, it’s my dog Rex. He could be a police dog…if he weren’t so spoiled.

If a police officer stops you for a minor traffic violation, how long should the officer be permitted to detain you? Suppose the officer issues you a ticket or a warning for the minor traffic violation and then says he wants you to wait while he has a drug dog sniff your car? What do you say? If you say no, can the officer do it anyway?

April 18, 2015

Is Drunk Driver Responsible For Killing Drunk Man Lying In Road?

by Shawn Dominy

Steven Anderson was drunk when he passed out on a rural highway. He was wearing dark clothing and went to sleep on the dark road around 1:00 am. There were no street lights in the area, and he was lying where there is a bend in the road. Darryl Saunders was drunk when he came driving around that bend. When he finally saw Anderson lying in the road, Saunders swerved to avoid him, but it was too late. He ran over Anderson, and Anderson died. Saunders’ blood alcohol concentration was tested at .150. Is Saunders criminally responsible for killing Anderson?

April 10, 2015

Blood Tests Thrown Out In Ohio DUI/OVI Cases When Law Enforcement Fails To Follow Rules

by Shawn Dominy

Sometimes rules are not made to be broken. When it comes to cases of alleged driving under the influence, there are rules for drivers, and there are rules for the government. When a driver breaks the rules, there are consequences. There are also consequences when the government breaks the rules. When the broken rules relate to blood tests, the blood tests cannot be used as evidence.

March 28, 2015

What Are The Differences Between Vehicular Homicide And Aggravated Vehicular Homicide In Ohio?

by Shawn Dominy

Ohio has several variations of what is commonly known as vehicular homicide. Generally, vehicular homicide is causing the death of another person while operating a vehicle. In the Ohio Revised Code, there are actually three separate offenses: (1) Aggravated Vehicular Homicide; (2) Vehicular Homicide; and (3) Vehicular Manslaughter. The offenses defined in the Ohio Revised Code are distinguished by the driver’s conduct (actus reus) and the driver’s state of mind (mens rea). The particular offense with which a defendant is convicted makes a substantial difference in the sentence imposed by the court.

March 21, 2015

Ohio DUI/OVI Seminar-Best In The Midwest

by Shawn Dominy

‘Best in the Midwest’ has become one of the slogans associated with the annual DUI/OVI seminar presented by the Ohio Association of Criminal Defense Lawyers (OACDL). A speaker from another state poked fun at the slogan by asking, “isn’t this the only DUI seminar in the Midwest?” I’m sure there are plenty of other DUI seminars in the Midwest, but this is the only one I know of which is nationally recognized and approved for credit from the National College for DUI Defense (NCDD) and the national DUI Defense Lawyers Association (DUIDLA). The seminar is two-and-a-half days and draws speakers and attendees from around the country. Whether it’s the best or not, the seminar held last week in Columbus was outstanding.

February 28, 2015

Motorcyclist With No Alcohol In His Blood Waits Five Months Before DUI Charge Is Dismissed

by Shawn Dominy

In September of 2014, CW was driving his motorcycle in northwestern New York and collided with another motorcycle. A police officer responded to the accident scene and reportedly noticed the odor of alcohol on CW. The officer asked CW to take a breath test, and CW refused. The officer ultimately obtained a blood sample from CW and charged him with DWI (known as OVI in Ohio). The officer then sent the blood sample to be tested. The test revealed a blood alcohol content of 0.00. Last week, five months after CW was charged with DWI, the case was finally dismissed, as reported by the Genesee Sun.

February 7, 2015

How MADD Rates Ohio On Drunk Driving Prevention

by Shawn Dominy

Mothers Against Drunk Driving (MADD) recently released its “2015 Report To The Nation”. The report rates the efforts of each of the 50 states to prevent drunk driving. In the report, MADD uses a five-star system of measures which can be undertaken to prevent drunk driving fatalities. Ohio receives four stars.

January 31, 2015

Forensic Gas Chromatography For Lawyers

by Shawn Dominy

Last week, I completed a short course in gas chromatography. Completing the course reminded me of what Stephen Covey used to say: “To know and not to do is really not to know.” He is so right. It’s one thing to know the law of blood and urine testing. It’s a very different thing to know the science of blood and urine testing. To know the science, you have to do the science, and lawyers typically do not have the opportunity to do the science. Now, however, lawyers get to do the science of gas chromatography in a short course presented by the American Chemical Society.

January 17, 2015

Dash Cam vs Officer Testimony In Ohio DUI/OVI Cases

by Shawn Dominy

If an officer’s testimony about a traffic stop is not corroborated by the officer’s cruiser video, how do judges rule on the justification for a traffic stop? Once a judge makes a ruling, under what circumstances might that ruling be overturned by an appellate court? A recent case decided by the Tenth District Court of Appeals in Columbus, Ohio illustrates the discretion judges are given regarding evidentiary issues in OVI motion hearings.