Columbus OVI/DUI Attorney BlogEarlier this month, a 19-year-old was pulled over for driving erratically in Lincoln, Nebraska. When police searched his vehicle, they found beer and a bottle of vodka. Following field sobriety tests, he was arrested for D.U.I. and had a breath alcohol concentration more than twice the legal limit (see article on The Smoking Gun). Most interesting is the Halloween costume the suspect was wearing when he was arrested: a breath-testing machine.
Should Ohio Add A New DUI/OVI Charge?
The police chief in Austin, Texas recently proposed that the State add a new charge of “Driving While Ability Impaired”. Currently in Texas, a driver with a BAC of .08 or higher is considered to be under the influence. The proposed law would punish those drivers whose blood alcohol concentration (BAC) is between .05 and .07, according to a report by Fox News. The proposal in Texas raises the question of whether Ohio should consider adding a new charge for drivers with a BAC between .05 and .07.
Ohio Administrative License Suspension Requires Arrest
R.W. lay in the hospital bed waiting for his injuries to be treated. A police officer came in the room and said she wanted to talk with him about the accident. The officer read to him the B.M.V. 2255 form regarding the consequences of taking and refusing the blood test. She asked him to submit to a blood test, and he refused. The officer wrote him a ticket for O.V.I. (D.U.I.) and imposed a one-year Administrative License Suspension (A.L.S.); the consequence for refusing the blood test.
Should We Get Tough On Bicycle DUI/OVI In Ohio?
A guy rode his bike to the ATM because he thought he was too drunk to drive (he probably needed the cash for Taco Bell or White Castle). To his surprise, a police officer arrested him for O.V.I. (D.U.I.) as he rode through a shopping center parking lot. As part of a plea agreement, the O.V.I. charge was amended, and the bicyclist pled guilty to a charge of Reckless Operation. In response, the city council of Upper Arlington, Ohio is considering toughening the city’s laws regarding riding a bicycle under the influence.
Driver Arrested For DUI Twice In One Night
A man in Casper, Wyoming was charged with D.U.I. twice in the same night. It was not the first such occurrence in this Wyoming town. The incident raises the issue of increased penalties for repeat D.U.I. offenses, additional charges for Driving Under Suspension, and the policy of releasing arrestees after they post bond.
12-Year-Old Is One Of Three Charged With DUI In One Incident
Police in Minnesota arrested three people for DUI in one incident. Police received a call that a car went off the road and crashed into a shed. When they arrived, they found the driver and passenger in the car. The driver was a 12-year-old girl, and she was ultimately charged with DWI. The passenger, a 19-year-old man, attempted to move the vehicle, and he too was charged with DWI. Another 19-year-old man drove a moped to the scene to pick up the passenger, and the moped driver was also charged with DWI. The story was published online in the Crimesider page of the CBS News website.
“Over The Limit, Under Arrest” Campaign Kicks Off In Ohio
Law enforcement in Central Ohio is participating in a state-wide crackdown on drunk driving, as reported by NBC4i. They are trying to send the message: “if you drive drunk, you will be caught and arrested”.
Ohio Driving Under The Influence Of Prescription Medication
When we think of O.V.I. (D.U.I.) cases, we tend to think of cases involving a person driving under the influence of alcohol. However, Ohio O.V.I. law also prohibits operating a vehicle under the influence of a drug of abuse, and many prescription medications are “drugs of abuse”. In a recent O.V.I. case, the court of appeals stated the defendant could be convicted of O.V.I. for operating a vehicle under the influence of prescribed medication.
My First Case With The Ohio Intoxilyzer 8000
In a previous post, I discussed the Intoxilyzer 8000. The Ohio Department of Health made a controversial purchase of 7000 of these breath-testing machines, and a few are being used in central Ohio D.U.I./O.V.I. cases. In the previous post, I said I would give developments from my first 8000 case.
New Discovery Rule For Ohio O.V.I. (D.U.I.) Cases
Discovery is the process by which the prosecution and defense exchange evidence. In Ohio, the discovery process for criminal cases (including O.V.I./D.U.I. cases) is governed by Rule 16 of the Ohio Rules Of Criminal Procedure. Rule 16 was recently revised, and the revised rule became effective on July 1, 2010.