Columbus OVI/DUI Attorney BlogOccasionally, 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.
The Under-Rated Lawyering Skill For Ohio DUI/OVI Cases
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.
Location, Location, Location
I’m moving my office to a new location. Beginning in October of 2011, my office is located in suite 450 of the Mettler Toledo building at 1900 Polaris Parkway in Columbus, Ohio. The building is pretty hard to miss: it’s a six-story office building at the intersection of Interstate 71 and Polaris Parkway (just north of I-270) and says “Mettler Toledo” in huge letters that can be seen from I-71 (and almost from I-270!).
Good Friends And Field Sobriety Tests
Justin’s buddy was arrested for O.V.I. (D.U.I.) and called Justin to pick him up at the police station. Being a good friend, Justin drove to the police station. When he arrived, Justin was greeted by an officer who noticed that Justin had glazed eyes, slurred speech, and an odor of alcohol. The officer had Justin get out of the car, and the officer administered field sobriety tests. The officer arrested Justin and charged him with O.V.I. Justin later appealed his O.V.I. conviction, claiming the officer did not have justification to administer field sobriety tests.
What Happens In Vegas…
What happens in Vegas in the fall is the annual seminar “DWI Means Defend With Integrity”. The seminar is presented by the National College For DUI Defense <!–(NCDD)–> and the National Association of Criminal Defense Lawyers (NACDL). The seminar is great because these two organizations are the best sources of continuing education seminars for D.U.I. lawyers and criminal defense attorneys. Having the seminar in Vegas also doesn’t hurt, as attendees can get an annual refresher on when to hit, stand, split and double- down.
O.S.U. Game Day Cases
Plea 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.