According to the Iowa Capital Dispatch, a federal jury awarded more than $100,000 to a man who was wrongfully arrested for DUI (called ‘OVI’ in Ohio). The officers initially investigated alcohol impairment, switched to investigating drug impairment, and finally concluded (hours after the arrest) there was no impairment. What could have led to the wrongful DUI arrest?
When a celebrity is charged with driving under the influence, the legal proceedings often generate headlines which capture public attention. While many readers focus on the celebrity involved, some readers notice something else entirely: the legal issues unfolding behind the scenes. In the Tiger Woods DUI case, the recent legal issue was whether the prosecution can obtain Woods’ hospital records.
I was recently interviewed by Steve Sleeper for his ‘Ask a Lawyer’ Podcast. We discussed topics related to my career as a criminal defense lawyer and DUI/OVI defense lawyer in Columbus, Ohio. Steve asked some good questions about OVI cases in Ohio, including the OVI investigation, field sobriety testing, and drug/alcohol testing. We also discussed the court process, penalties, and possible defenses for Ohio OVIs. It was a pleasure appearing on Steve Sleeper’s podcast: he is a good host with a great voice.
The Ohio Supreme Court recently issued a decision in State v. Fips. The Court concluded that, when the reasonable suspicion of criminal activity for a traffic stop has been dispelled, a police officer can nevertheless check the status of the driver’s license. The Court’s treatment of precedent is reminiscent of the ‘Telephone Game’.
An Ohio appellate court affirmed a judge’s finding that a defendant charged with DUI (called ‘OVI’ in Ohio) was competent to stand trial. The requirement of competency to stand trial is a long-standing principle based on traditional philosophies of fairness in criminal proceedings. This article discusses the definition of incompetency, the rationale behind the principle, and the process followed when the issue is raised.
The city of Goodlettsville recently settled with a driver who was wrongfully charged with DUI (called ‘OVI’ in Ohio). The settlement was reported by a local television station which conducted an investigation into sober drivers charged with DUI. The investigation revealed the driver in Goodlettsville was one of hundreds charged with DUI and later exonerated by forensic testing.
The Ohio Supreme Court recently decided a case in which an officer conducted a traffic stop after learning the basis for the stop was no longer valid. The issue was whether evidence obtained from the stop was admissible in the defendant’s trial. This issue was addressed by this court in 1984. However, in the recent case, the Court reached a different conclusion.
Justin Timberlake’s arrest for DWI (called ‘OVI’ in Ohio) demonstrates the crucial need for the presumption of innocence in criminal trials. Within hours after Timberlake’s arrest, hundreds of website pages broadcasted the accusation. Many people, like the writer of this article, have already convicted him in their minds. In court, the presumption of innocence is critical due to our human nature to presume guilt.
In DUI cases (called ‘OVI’ in Ohio), a defendant’s blood or urine sample may be tested by a crime lab to determine the concentration of alcohol and/or drugs in the sample. In court, a lab analyst testifies regarding the blood or urine testing and the results of the test. But what if the analyst testifying is not the analyst who conducted the test? The recent case of Smith v. Arizona addressed whether this violates the defendant’s right to confront witnesses.
When an officer arrests a driver for DUI (called ‘OVI’ in Ohio), the officer typically requests that the driver consent to a blood, breath, or urine test. However, a statute in the Ohio Revised Code (section 4511.191) says a driver arrested for OVI implicitly consents to those tests. Can a driver arrested for OVI revoke that consent? This question has not been directly addressed in Ohio but was recently answered by the Supreme Court of Colorado.
Columbus OVI/DUI Attorney Blog