For the second time in two months, the Ohio Supreme Court decided a case interpreting the discovery rules that apply to Ohio DUI/OVI cases and criminal cases. A previous post in this blog discussed ‘recent’ changes to the rules for discovery, the exchange of evidence between the prosecution and defense.…
William Strebler was lucky and unlucky. When he drove his car between two parked trucks, nobody was killed or injured. That’s pretty lucky. After he was found guilty of driving under the influence of his prescribed pain medicine, his conviction was affirmed by the court of appeals, and he had…
In a previous post, this blog questioned whether police should be able to draw blood against your will without a search warrant. At that time, oral arguments had recently been held in the case of Missouri v. McNeely. A few days ago, the United States Supreme Court issued a decision…
How are sanctions to be imposed for violations of Ohio’s discovery rules? That question was the subject of a recent decision by the Ohio Supreme Court. In a previous post, this blog described the changes to the rules for discovery (exchanging evidence) in Ohio criminal and D.U.I./O.V.I. cases. In a…
For the first time, an appellate court in Central Ohio addressed whether evidence from an Intoxilyzer 8000 is admissible in an O.V.I./D.U.I. trial. The court of appeals ultimately decided that the defendant is prohibited from challenging the general reliability of the Intoxilyzer 8000, so the results of that machine’s breath…
There are rules for blood testing, and they aren’t new. If the prosecution wants to admit a blood test as evidence in an Ohio O.V.I./D.U.I. case, the prosecution has to prove certain procedures were followed for the blood test. A few days ago, an Ohio court of appeals held that…
Those 160 characters could cost you 150 dollars. If you are under 18, driving and texting could also cost you your license. Ohio’s statewide ban on texting while driving became effective yesterday. Ohio revised code section 4511.204, effective August 31, 2012, prohibits driving a motor vehicle ‘while using a handheld…
Ordinarily, this blog discusses issues related to Ohio D.U.I./O.V.I. law, but today I want to tell you about Jason. Jason had good grades, and he expected to get a good job when he graduated from The Ohio State University. His expectations changed when he was arrested at an O.S.U. football…
Kerry Kennedy recently ran her vehicle into a truck and continued driving. She was soon found slumped over the steering wheel, and she was unable to remember what happened, as reported by ABC News. Kennedy said it was possible she accidentally took Ambien that morning rather than a thyroid pill.…
The Confrontation Clause of the United States Constitution has been the subject of a series of modern cases decided by the United States Supreme Court. Last month, the Court issued its latest interpretation of a defendant’s right to confront the witnesses against him. The new case, Williams v. Illinois, leads…