Columbus OVI/DUI Attorney BlogPlea bargaining is part of the criminal justice system. If there weren’t plea bargains in large jurisdictions with high volumes of cases, the system would quickly be overwhelmed and log-jammed. In certain types of cases, however, there are no plea bargains. One of those case types is a “game day case”.
Autumnal Ohio D.U.I. Crackdown
It’s hard to believe that time of year is here already. Kids are going back to school, the leaves will soon be changing colors, and law enforcement is cracking down on D.U.I./O.V.I. in the Columbus, Ohio area.
Miami Cop Involved In Strange And Tragic Incident On ATV
In Miami, there’s nothing strange or tragic about a police officer riding down the beach on an ATV. What makes this incident strange is the on-duty officer is taking a female passenger on a joyride while he’s on duty. What makes this incident tragic is the officer plows into two pedestrians and severely injures both.
Second Ohio D.U.I. Charge With A Twist
“Shawn, it’s Joe Smith. You’re not going to believe this, but….” I believe it, because I’ve received this call more than once. My client has a D.U.I. (O.V.I.) pending, we’re scheduled to go back to court soon, and the client is charged with a second D.U.I. This recently happened in a Florida case, with a twist.
Bullcoming!!
The Sixth Amendment to the United States Constitution says a defendant in a criminal prosecution shall enjoy the right to be confronted with the witnesses against him. The extent of that right has undergone significant changes by courts interpreting the Constitution. A recent example is the case of Bullcoming v. New Mexico, in which the United States Supreme Court addressed the right of a defendant in a D.U.I. (O.V.I.) case to confront the analyst that determined the concentration of alcohol in the defendant’s blood.
Can I Talk With An Ohio OVI Attorney Before Field Sobriety Tests?
Suddenly, there are flashing lights in your rear-view mirror. ‘What did I do?’ The officer slowly approaches your window. “Good evening. I noticed you had some trouble staying in your lane back there. I need to see your license, registration, and proof of insurance.” The nervousness makes it nearly impossible to get that stupid license out of your wallet. Where is the registration? You finally give the officer the documents. “Just sit tight”, he says, “I’ll be ‘right back.”
Ohio Judge Rules Intoxilyzer 8000 Evidence Inadmissible
The last post of this blog discussed the Gerome case in Athens, Ohio. In that case, which is still pending, the judge will make decisions about the reliability of the Intoxilyzer 8000 and whether a defendant must be given an opportunity to challenge the breath test’s general reliability at trial. In a similar case in Circleville, Ohio, the judge recently ruled that evidence from the Intoxilyzer 8000 is not even reliable enough to be introduced as evidence at trial.
Intoxilyzer 8000 Case May Open Door To Challenging Breath Tests In Ohio
In previous posts, this blog has discussed two separate but related issues. The post on May 3, 2010 explained that defendants in Ohio O.V.I. cases do not have the ability to challenge the general reliability of breath testing machines at trial due to the holding in State v. Vega. The post on May 29, 2010 described how the Ohio Department of Health purchased 700 Intoxilyzer 8000 breath testing machines and is implementing use of the machines throughout Ohio. This post ties together those two issues because a case in Athens County involving the Intoxilyzer 8000 may open the door to challenges regarding the general reliability of breath tests.
Is There A Right To Counsel Before Taking A Breath Test In Ohio?
Imagine you have been arrested for a D.U.I. (O.V.I. in Ohio), and the officer is requesting that you submit to a blood, breath or urine test. You don’t know what you should do, so you ask to speak with an attorney before you make a decision. But the officer doesn’t let you. Is this a violation of your right to counsel? If so, what is the remedy? A recent decision by an Ohio Court of Appeals presents an interesting twist on these issues.
Tragic Bus Accident Raises Questions
The Chicago Tribune reported that the driver of a tour bus in Chicago struck and killed a pedestrian, and a blood test following the accident was positive for cocaine. The bus driver is now being held without bail and likely facing charges of D.U.I. and Aggravated Vehicular Homicide. This tragic incident highlights the issues of driving under the influence of drugs, vehicular homicide, and commercial drivers.