Columbus OVI/DUI Attorney Blog

May 19, 2023

What is Sufficient Proof of Drugged Driving in Ohio?

Pills-with-blue-background-300x225 When a driver is prosecuted for operating a vehicle under the influence of drugs (called ‘OVI’ in Ohio), what evidence is sufficient to sustain a conviction? The prosecution must prove the defendant operated a vehicle under the influence of a drug of abuse. That requires the prosecution to prove the defendant was impaired while operating the vehicle, identify the specific drug which was ingested, and link the drug’s ingestion to the defendant’s impairment.

May 12, 2023

Motions To Suppress Evidence in Ohio DUI / OVI Cases

by Shawn Dominy

Motion-to-Suppress-Evidence-273x300 I recently came across this article in an Ohio newspaper: Judge Denies Motion to Suppress Evidence. What does that mean in a DUI case (called ‘OVI’ in Ohio)? When a judge orders that evidence is suppressed, the evidence is excluded from trial. That means, even though the evidence existed, the jury does not hear about it. The two general bases for suppressing evidence are: (1) violations of the defendant’s Constitutional rights; and (2) the government’s failure to comply with statutory (legislative) law.

April 22, 2023

Repeat DUI /OVI Offenses in Ohio

by Shawn Dominy

DUI-Law-Book-300x200 According to a story by NBC4i, the Ohio State Highway Patrol reports that 30% of DUI arrests (called ‘OVI’ in Ohio’) come from repeat offenders. In Ohio, the mandatory OVI penalties increase with every conviction in ten-years (called the ‘lookback period’). Those penalties include vehicle sanctions, license suspensions, incarceration, and other consequences.

April 8, 2023

Ohio’s Distracted Driving Laws

by Shawn Dominy

Stop-texting-while-driving-300x200 With the media reporting the recent changes to Ohio’s distracted driving laws, Ohio drivers probably have questions. In what circumstances am I prohibited from using a cell phone when I’m driving? In what circumstances am I permitted to use a cell phone when I’m driving? What is the law on ‘distracted driving’? Can I be stopped for violating these laws? What are the penalties if I’m caught? What if I am under 18? This article answers those questions.

March 17, 2023

Ohio DUI/OVI Seminar Imparts Important Information

by Shawn Dominy

Advanced-OVI-Seminar-2023-300x199 The annual ‘Advanced OVI Seminar’, presented by the Ohio Association of Criminal Defense Lawyers (OACDL), was held last week in Columbus. As usual, the seminar featured outstanding speakers from Ohio and across the continent. As always, the speakers delivered valuable information to help DUI lawyers (called ‘OVI’ lawyers in Ohio) improve their skills.

March 3, 2023

New Ohio DUI/OVI Regulations Authorize Oral Fluid Testing

by Shawn Dominy

Mouth-swab-300x200

In November of 2022, an article in this blog reported the state of Ohio intends to use oral fluid testing in the future. The future is here. When NBC4 reported on the Traffic Safety Council’s recommendation of oral fluid testing for DUI cases (called ‘OVI’ in Ohio), the Ohio Department of Health had already passed new regulations which add oral fluid to the bodily substances which may be tested. Those regulations became effective on January 23, 2023.
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February 10, 2023

Ohio’s Heightened DUI/OVI Enforcement for Super Bowl LVII

by Shawn Dominy

NHTSA-Super-Bowl-200x300 There is a lot of Super Bowl planning going on. Rihanna is planning what songs to sing. Tom Brady is planning to make an appearance as a broadcaster (and later announce his second un-retirement?). Party hosts are planning what food to serve. I am planning to miss our annual party due to Covid (cruel timing). And Ohio law enforcement agencies are planning to arrest drunk drivers.

February 4, 2023

Change of Venue for Serious Vehicular Crimes in Ohio

by Shawn Dominy

Jurisdiction-300x200 The issue of venue recently arose in an Ohio Vehicular Homicide case. As reported by the Leader-Telegram, the defendant was accused of hitting two highway workers in Clark County. As a result of the collision, one worker died, and the other was seriously injured. The defense attorney filed a motion for change of venue. What is venue, and when can it be changed?
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January 31, 2023

Legislature Considers Changes to Ohio Marijuana DUI/OVI Laws

by Bryan Hawkins

We’ve used this space in the past to discuss issues with Ohio’s approach to DUI (called ‘OVI’ in Ohio) cases involving marijuana. The rising prevalence of marijuana OVIs following Ohio’s legalization of medical marijuana has shown Ohio’s OVI laws are woefully out-of-date to deal with these issues. A recent bill in the Ohio Senate seeks to update the way the law treats marijuana OVIs. This bill, if passed, would have a profound impact on the way marijuana OVI cases are charged, handled by courts, and defended by OVI defense attorneys.
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January 15, 2023

Facing Death in San Diego

by Shawn Dominy

Representing clients charged with Vehicular Homicide in Ohio is challenging. Our firm does it very well, but there is always room for improvement. That’s why I recently attended the NCDD seminar ‘Facing Death’. Held in San Diego, the two-day conference featured outstanding lawyers and experts discussing how to effectively defend clients facing these charges.
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