The last post for this blog discussed the defendant’s right to confront and cross examine the people responsible for the chemical test that determines a defendant’s blood alcohol level. On one hand, the United States Supreme Court strengthened this confrontation right in Melendez-Diaz. On the other hand, an Ohio court…
Imagine a case in which the defendant is not permitted to challenge the most critical evidence. For example, imagine a products liability case in which the plaintiff says, “we know the product was defective because we did scientific testing which showed it was defective.” The defendant would challenge the scientific…
The police chief in Austin, Texas recently proposed that the State add a new charge of “Driving While Ability Impaired”. Currently in Texas, a driver with a BAC of .08 or higher is considered to be under the influence. The proposed law would punish those drivers whose blood alcohol concentration…
R.W. lay in the hospital bed waiting for his injuries to be treated. A police officer came in the room and said she wanted to talk with him about the accident. The officer read to him the B.M.V. 2255 form regarding the consequences of taking and refusing the blood test.…
A guy rode his bike to the ATM because he thought he was too drunk to drive (he probably needed the cash for Taco Bell or White Castle). To his surprise, a police officer arrested him for O.V.I. (D.U.I.) as he rode through a shopping center parking lot. As part…
When we think of O.V.I. (D.U.I.) cases, we tend to think of cases involving a person driving under the influence of alcohol. However, Ohio O.V.I. law also prohibits operating a vehicle under the influence of a drug of abuse, and many prescription medications are “drugs of abuse”. In a recent…
Discovery is the process by which the prosecution and defense exchange evidence. In Ohio, the discovery process for criminal cases (including O.V.I./D.U.I. cases) is governed by Rule 16 of the Ohio Rules Of Criminal Procedure. Rule 16 was recently revised, and the revised rule became effective on July 1, 2010.…
Some people think that boating and beer go hand-in-hand, like baseball and hotdogs or hockey and fighting. The Ohio Department of Natural Resources, however, is taking part in a nation-wide crackdown on boating under the influence (B.U.I.): “Operation Dry Water“. Operation Dry Water is a national campaign to enforce laws…
Was that car going 47 mph or 45 mph in the 45 zone? Can you tell? Can a trained police officer tell? A recent Ohio Supreme Court case suggests they can. In Barberton v. Jenney, the Ohio Supreme Court held that a police officer’s unaided visual estimation of a vehicle’s…
A police officer must have some justification for making a traffic stop. In some traffic stops that lead to O.V.I. (D.U.I.) arrests, the justification for the stop is a “Marked Lanes” violation. But what is a Marked Lanes violation, and when does it justify a traffic stop? The Ohio statute…