Columbus OVI/DUI Attorney Blog
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.
Motions To Suppress Evidence in Ohio DUI / OVI Cases
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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.
The issue of venue recently arose in an Ohio Vehicular Homicide case. As reported by the 
Rejecting a No Contest plea may be an abuse of a judge’s discretion, according to a case decided last week by the Ohio Supreme Court. A plea of No Contest is different than a guilty plea, and the plea of No Contest is used for two purposes in DUI (called ‘OVI’ in Ohio) cases. Although a judge’s approval is required for a plea of No Contest, the case decided last week makes it clear a judge’s refusal to give approval may be overturned.
The special license plates for DUI offenders are commonly referred to as “party plates” and “family plates”. The official term in Ohio is “restricted license plates”. Whatever you call them, nobody wants them. In Ohio, the plates are yellow with red lettering, and they signal to everybody the driver of that vehicle was convicted of DUI (called ‘OVI’ in Ohio). This article explains when the plates are required, how they are obtained, and possible penalties for restricted plate violations.
In DUI cases (called ‘OVI’ in Ohio), a defendant is sometimes charged with two OVI charges. One charge is OVI ‘impaired’, based on operating a vehicle under the influence of alcohol and/or drugs. The other charge is OVI ‘per se’, based on operating a vehicle with a prohibited concentration of alcohol and/or drugs in the driver’s breath, blood, or urine. In cases involving blood and urine tests, the charge of OVI ‘per se’ is often filed weeks or months after the charge of OVI ‘impaired’ is filed, as law enforcement waits to file the ‘per se’ charge until after receiving the results of the blood/urine test.