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Articles Posted in DUI/OVI in the news

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Autobahn Top-Speed Test: Reckless Driving?

A driver may face up to two years in a German prison for driving at 257 mph on the Autobahn.  Authorities allege he was driving carelessly at an inappropriate speed.  In Ohio, we would call it reckless operation of a vehicle.  But what constitutes reckless operation?  Allegations of driving recklessly…

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Nate Hobbs’ Case and Detentions for DUI / OVI investigations

Although it is starting to look like it, this is not a blog about NFL players charged with DUI (called ‘OVI’ in Ohio).  Recent articles discussed the cases of Henry Ruggs III and Geno Smith because those cases illustrated legal concepts related to DUI/OVI. The last article, about Geno Smith’s…

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Geno Smith’s Case and Pre-Stop Evidence of DUI / OVI

I heard a report that Geno Smith, quarterback for the Seattle Seahawks, was stopped for speeding and arrested on suspicion of DUI (called ‘OVI’ in Ohio).  My first thought was, “speeding doesn’t sound like evidence of DUI”.  It turns out Smith was allegedly going 96 mph in a 60 mph…

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Infrastructure Bill May Deputize Your Car to Detect DUI/OVI

The recently passed Infrastructure Bill has been hailed as a once-in-a-generation investment in the roads, bridges, ports and railways that serve as the backbone of our country’s transportation network.  It has also been decried as another example of runaway government spending.  The description of the Bill depends on who is…

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Ohio Supreme Court Upholds OVI/DUI Stop Based on Shouted Tip

There are many different ways somebody can find themselves as the subject of an OVI/DUI investigation. The most common is when an officer witnesses a driver commit a traffic offense, initiates a traffic stop, and then conducts an investigation based on their observations of the driver. Other times, an officer…

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Qualified Immunity: Yesterday, Today, and Tomorrow

Qualified Immunity, a defense used by police officers in civil rights lawsuits, is a topic not typically discussed in this blog.  However, as a criminal defense lawyer, I have been asked about Qualified Immunity due to recent events in the United States.  In addition, an individual who files a lawsuit…

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Britt Reid’s Case And Vehicular Assault Investigations

A few days before the Kansas City Chiefs were to play in the Super Bowl, assistant coach Britt Reid (son of head coach Andy Reid) was involved in a three-car accident which left a five-year-old in critical condition.  Earlier this month, Britt Reid was charged with the felony offense of…

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New Book For Those Charged With DUI / OVI: The “Ohio DUI/OVI Guide”

Many people charged with DUI (called ‘OVI’ in Ohio), especially those charged with a first offense, feel like they are in the dark. They do not understand the elements and consequences of OVI, and they do not know what to expect in the court process. They also are uncertain about…

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Discarding Evidence In DUI / OVI Breath-Test Cases

A police officer discarded evidence that a DUI suspect blew under the ‘legal limit’. According to WCNC, the suspect was involved in a one-car accident and pulled her vehicle into a gas station parking lot. An officer went to the gas station and had the suspect perform field sobriety tests.…

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Bruce Springsteen DUI Accusation: Pretrial Publicity Presumes Guilt

The reporting of Bruce Springsteen’s DUI arrest shows that, even if a person is presumed innocent in court, they can still be convicted in the press.  In addition, Jeep’s publicized decision to pull The Boss’s Super Bowl commercial was an over-reaction.  The media coverage and cancel culture are not the…

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