Corona-virus-alert-e1584538964347-231x300

Updated March 26, 2020

The ongoing coronavirus (COVID-19) pandemic has had a profound effect on nearly every aspect of American society. From closing schools, bars and restaurants to banning public gatherings over a certain size, Ohio has followed expert advice to keep people physically separated as much as possible. To reflect this new reality, and to encourage social distancing, most courts in central Ohio are implementing changes, including limitations on court appearances.  Below are the specific changes being implemented by the central Ohio courts in which the Dominy Law Firm practices.

Continue Reading

Dominy-at-OVI-seminar-2020-2-228x300I will always remember OACDL’s 2020 DUI seminar. Near the end of the first day of the three-day event, Ohio’s governor banned gatherings of 100 or more people. Our gathering had more than 100 people. As the president of the organization, I had the responsibility of informing those 100+ people the next two seminar days were cancelled. It was not a popular decision. It’s better to make decisions on principle rather than popularity. The attendees will ultimately receive the remaining two days of continuing legal education, and I expect they will also realize the cancellation decision was correct.

Continue Reading

Referee-red-card-300x200OVI trials sometimes involve testimony from expert witnesses. Those witnesses include pharmacologists who testify about the accuracy of the defendant’s breath test result. A recent decision from an Ohio Court of Appeals demonstrates the importance of assessing the quality of the expert witness report and evaluating the utility of anticipated expert testimony.

Continue Reading

Puerto-Rico-beach-300x193It was 82 degrees in February, but it was all about continuing education. Mostly. At least partly. It was the OACDL Sunshine Seminar in San Juan, Puerto Rico. It was great to escape Ohio’s winter weather and enjoy the beach, the rain forest, and old San Juan. And the educational part was good, too. There were six presentations, including mine, and one in-particular really resonated with me.

Continue Reading

Marijuana-and-key-300x190As of January 1, 2020, 11 states and Washington D.C. have legalized recreational marijuana use. That number increases to 33 states when you include medical legalization. Several studies have been conducted to determine what effect this ever-growing legal access to marijuana has had on traffic and DUI/OVI statistics. While more data will be needed to ultimately determine the true effect of legalization, these studies indicate there has been an impact.

 

Continue Reading

Destroyed-video-300x201Destruction of evidence by the government can violate a defendant’s right to due process of law. Due process violations often lead to cases being dismissed. Using dismissal as a remedy is based on the principle that denying a defendant access to evidence can make a trial unfair. This is particularly true when the evidence is ‘exculpatory’: it tends to disprove guilt or is otherwise favorable to the defendant. In DUI cases (called “OVI” cases in Ohio), the evidence often includes video from a police cruiser, a body camera, or a police station. When such a video is destroyed by the government, does the case get dismissed? Like so many questions in the legal world, the answer is:
it depends.

Continue Reading

Ignition-interlock-in-use-300x200It makes the roads safer, except when it makes the roads more dangerous. It’s a fair consequence for a person convicted of DUI/OVI, except when it’s unfair. The ignition interlock device has been used increasingly by Ohio and most other states to prevent drunk driving. As illustrated by a recent article in The New York Times, the device intended to encourage safe roads and fair punishment has actually caused accidents and unjust punishments.  What should Ohio do?

Continue Reading

Lawyers-speaking-with-judge-at-bench-300x200In an Ohio appellate case decided this month, the prosecutor assumed defense counsel’s motion was insufficient, and it did not end well for the prosecutor. Defense lawyers often file motions to suppress evidence in Ohio OVI cases. Occasionally, a prosecutor will claim the motion is not particular enough: it’s a ‘shotgun’ motion attacking all the evidence, or it’s a ‘boilerplate’ motion not sufficiently tailored to the defendant’s specific case. The recent case illustrates a prosecutor making that claim should still be prepared to meet their burden of proof.

Continue Reading

Surprised-guy-on-phone-200x300

Raymond Wells walked out of court thinking he knew his sentence and was probably surprised when he later learned it included more than what the judge told him in the courtroom. There is a common saying in the law that “the court speaks through its entries”. What happens if the judge says one thing in open court but another in the sentence entry? A recent case from the Sixth District Court of Appeals gives us an answer.

Continue Reading

5-Minute-Legal-Insights-300x198I recently had the pleasure of being interviewed by Grant Eagle on his podcast “5 Minute Legal Insights”. It actually lasted for ten minutes, and I was just getting warmed up! We discussed common misconceptions about DUI/OVI stops, arrests, and court cases. You can listen to the podcast here, and you can also find it on Apple Podcasts, Google Podcasts, Spotify and Stitcher.