Every television-watching American knows about Miranda v. Arizona, and most have the following misunderstanding about criminal law (including O.V.I./D.U.I. law): “The officer never issued Miranda warnings; doesn’t that mean they have to dismiss my case?”
No. That’s not what it means.
Last week was the annual DUI seminar presented by the Ohio Association of Criminal Defense Lawyers (OACDL). The 2012 Advanced DUI Seminar was one of the best seminars I have been part of. The ballroom at the Westin Great Southern Hotel in Columbus, Ohio was overflowing on Thursday and Friday with attendees from across the state and across the nation. The attendees from other states were members of the National College for DUI Defense. Members of the NCDD must attend at least one seminar every two years that is sponsored or approved by NCDD, and the OACDL seminar is of one of few seminars that is approved by NCDD.
As an O.V.I./D.U.I. attorney, the Constitutional issues I regularly deal with involve the Fourth Amendment (search and seizure), the Fifth Amendment (double jeopardy, self-incrimination, due process), and the Sixth Amendment (trial rights). O.V.I. cases, and this blog, typically do not include First Amendment topics. However, an Ohio court’s ruling has peaked my interest.
The State of Ohio may be regretting its $6.4 million purchase of Intoxilyzer 8000 breath-testing machines. In State v. Gerome, the judge wrote a decision critical of the Intoxilyzer 8000 that stated the machine is “capable of producing an inaccurate result.” In State v. Reid, the judge decided the Intoxilyzer 8000 result was not even reliable enough to be admitted as evidence.
Vehicular homicide is the topic of a new book by Aspatore Books. The book, Defending DUI Vehicular Homicide Cases, was released in January, 2012 and is part of the “Inside The Minds” book series.
In July of 2011, state Representative Jarrod Martin was driving his children in his pickup truck in Jackson County, Ohio. He was pulled over by a state trooper for a marked lanes violation after his truck drifted left of center. The trooper asked Martin to perform field sobriety tests, and Martin declined. Martin also declined a breath test, which resulted in a one-year license suspension. Martin was charged with O.V.I. and Child Endangering in the Jackson County Municipal Court. He hired an attorney and pled Not Guilty. Six months later, the charges of O.V.I. and Child Endangering are being dismissed, and Martin is pleading guilty to the Marked Lanes violation, according to the Dayton Daily News.
William Kral’s inability to hear made it very difficult for him to communicate with his attorney when he was charged with D.U.I. in the state of Washington. At his arraignment, he was assisted by an unqualified sign language interpreter that led him to believe the document he was signing was a continuance. The document was really a waiver of his right to a speedy trial. Six years later, Kral’s conviction was finally overturned, as reported by The News Tribune.
Lawyers are required to attend a certain number of hours of continuing education every two years. Compliance with this rule is reported in January, so there are always a lot of continuing education programs in December. One of the programs offered this December was the Columbus Bar Association’s 2011 O.V.I. seminar. This year’s program not only fulfilled continuing education requirements but was also very interesting and educational.
Occasionally, evidence in Ohio O.V.I. (D.U.I.) cases comes from a blood sample taken at a hospital. When the blood sample is obtained in a hospital setting, issues arise regarding the admissibility of the blood test. One issue is whether the suspect’s consent to giving the blood sample is valid. For the second time in a year, a court of appeals has concluded that a defendant’s consent to a blood draw was not valid because it was not made knowingly and voluntarily.
Plea bargaining is an under-rated lawyering skill. Each Law And Order episode has about one minute of plea negotiations and 20 minutes of trial. That show would have us believe every case goes to trial. The reality is that fewer than five percent of criminal cases go to trial. The other 95 percent or more are resolved with plea agreements. Negotiating plea agreements may not be the sexy substance of television and movies, but it’s an important skill for criminal defense attorneys.
Columbus OVI/DUI Attorney Blog