Columbus OVI/DUI Attorney BlogWhen 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.
Boating On ‘Dry Water’ In Ohio
Some people think that boating and beer go hand-in-hand, like baseball and hotdogs or hockey and fighting. The Ohio Department of Natural Resources, however, is taking part in a nation-wide crackdown on boating under the influence (B.U.I.): “Operation Dry Water“.
Visual Estimation Of Vehicle’s Speed In Ohio
Was that car going 47 mph or 45 mph in the 45 zone? Can you tell? Can a trained police officer tell? A recent Ohio Supreme Court case suggests they can.
In Barberton v. Jenney, the Ohio Supreme Court held that a police officer’s unaided visual estimation of a vehicle’s speed is sufficient evidence to support a conviction for speeding without independent verification of the vehicle’s speed if the officer is trained, is certified, and is experienced in visually estimating vehicle speed.
The Intoxilyzer 8000 In Central Ohio
Breath-testing machines have been used for O.V.I. (D.U.I.) in Ohio for decades. Until recently, the breath-testing instruments approved by the Ohio Department of Health (ODH) were the BAC Datamaster and the Intoxilyzer 5000. In 2009, the Ohio Department of Health approved the use of the Intoxilyzer 8000. In addition, the ODH purchased 700 Intoxilyzer 8000s, at a cost of $6.4 million, to be used throughout the state.
Marked Lanes Violations In Ohio DUI/OVI Cases
A police officer must have some justification for making a traffic stop. In some traffic stops that lead to O.V.I. (D.U.I.) arrests, the justification for the stop is a “Marked Lanes” violation. But what is a Marked Lanes violation, and when does it justify a traffic stop?
When Does “Expired” Not Really Mean “Expired” In Ohio DUI/OVI Cases?
A police officer is only authorized to administer breath tests in O.V.I. (D.U.I.) cases if the officer has a valid operator’s permit issued by the Ohio Department of Health. To obtain an operator permit, an officer must complete a basic operator training course. Operator permits expire one year after the permit’s issue date, and an officer can apply to renew a permit up to six months before it expires. To renew a permit, an officer must complete an in-service renewal course. These regulations are contained in chapter 3701-53 of the Ohio Administrative Code. A breath test is only admissible if the operator had a valid permit.
Texting While Driving Banned In Columbus, OH
Texting while driving is dangerous. In fact, studies indicate that texting while driving is actually more dangerous than driving under the influence of alcohol or drugs. A study by the Transport Research Laboratory found that texting slows reaction time by 35% while being at the legal limit for alcohol slows reaction time by 12%. A study by Car And Driver showed that the time it took drivers to stop while texting was considerably higher than when the same drivers were under the influence of alcohol.
For Ohio DUI/OVI, Vega Was Not Just An Unreliable Car
When most people think of “Vega”, they think about the 1970s Chevrolet vehicle, named as one of the “10 most Embarrassing Award Winners in Automotive History” by CarAndDriver.com. When Ohio DUI attorneys think of Vega, we think about the Ohio Supreme Court decision regarding our ability to challenge the reliability of breath testing machines.