Following his recent arrest for DUI (called ‘OVI’ in Ohio), Bob Huggins resigned from his position as the men’s basketball coach at West Virginia University. His situation is illustrative of many high-profile individuals who have lost jobs due to a DUI/OVI. But it is not only high-profile individuals who face employment consequences for OVI cases. We are frequently asked the following questions about OVI cases and employment.
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.
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.
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.
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.
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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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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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.
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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.
According to a news report by NBC4 Columbus, the state of Ohio intends to use oral fluid testing to obtain evidence of drugged driving. In the video from NBC4, the Ohio Traffic Safety Council indicates there are increasing numbers of crashes caused by drug-impaired drivers. To combat this problem, the Traffic Safety Council recommends that law enforcement agencies implement oral fluid testing. This testing method has some advantages over currently used drug tests, but it also has drawbacks.
Columbus OVI/DUI Attorney Blog