Most police officers probably do not go to work hoping to witness a suspect provide a urine sample. It’s likely not one of those things they go home and share with their family and friends. But it’s one of those things Ohio law requires in OVI cases. If a…
Clean hands is an obsession for some people. In addition to frequent hand-washing, many people also use alcohol-based hand sanitizers. Aside from the potential issues with dry skin and weakened immune system (not to mention OCD!), use of hand sanitizers can also affect the results of a breath alcohol test.…
When a machine is given the power to convict a person of a crime, we should be absolutely certain the machine is working properly. In Ohio, machines are used to measure the concentration of alcohol in the breath of drivers. A driver who operates a vehicle with a breath alcohol…
Joe was arrested for DUI / OVI, and the officer had Joe take a breath test and a urine test. The breath test showed an alcohol level under Ohio’s limit, and the urine test showed an alcohol level over Ohio’s limit. Based on the urine test result, Joe was prosecuted…
A smartphone app for breath-alcohol-testing was so promising that all five investors on Shark Tank collaborated on a deal for the first time. In 2013, Charles Yim went on the show and pitched his app to the Sharks. The Sharks collectively invested $1 million in Yim’s company Breathometer, Inc. for…
Over 20,000 DWI cases in New Jersey are being called into question due to problems with the recalibration of breath-testing machines. According to New Jersey 101.5, Sgt. Marc Dennis skipped a critical step each time he recalibrated the machines. Plaintiffs in a class-action lawsuit now seek to vacate thousands of…
Today’s report regarding the conduct of a forensic scientist employed by the state of Ohio demonstrates the danger of the government enforcing laws without effective checks and balances. Forensic scientist G. Michele Yezzo worked for over 30 years as a laboratory technician for the Ohio Bureau of Criminal Investigation (BCI). …
Last week, the United States Supreme Court released a decision in a trio of cases involving DUI refusal laws. A previous article in this blog gives a preview of the cases. To decide the outcomes of those cases, the court analyzes whether search warrants are required before law enforcement officers…
Suppose a police officer comes to your home tonight without a warrant and wants you to consent to a search of your residence. If you are like most people, you would say ‘no’: you would assert your Fourth Amendment right to be free from unreasonable searches and seizures. Now suppose…
A judge in Columbus, Ohio found a man to be in violation of probation because the man was unable to urinate upon request. The judge was aware the defendant, Mr. Hand, had medical problems which caused urinary difficulties and was taking medication designed to increase his urination. Nevertheless, the judge…