I have been attending this DUI / OVI seminar since its modern inception in 2002. For five years before that, I practiced all varieties of criminal defense, with a focus on serious felonies. I didn’t think OVI defense was as complex as cases like murder, robbery and burglary. The seminar…
During a recent OVI jury trial, the judge and I disagreed about the function of standardized field sobriety tests (SFSTs). During a sidebar, I argued the tests do not measure driving impairment; they predict blood alcohol concentration (BAC). The judge’s opinion was SFSTs measure impairment of driving ability. The judge’s…
There are few instances when the government can take our property without first holding a hearing. An Ohio Administrative License Suspension (A.L.S.) is one of those instances. If a driver refuses a chemical test or tests ‘over the limit’, an officer takes the driver’s license on-the-spot. Accordingly, to protect drivers’…
It Seems Like A Good Defense On Television Television and movies would have us believe ‘circumstantial evidence’ is a viable defense in court. You can picture the dramatic scene in which a defense lawyer tells a prosecutor the prosecutor’s case is ‘merely circumstantial’. In a real courtroom, however, there is…
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…
‘Tis the season for holiday parties. ’Tis also the season for DUI/OVI arrests (in Ohio, it’s called OVI). From Thanksgiving Eve (‘blackout Wednesday’) to New Year’s Day, officers are particularly ambitious about enforcing Ohio’s drunk driving laws this time of year. But OVI convictions can be avoided. The first five…
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). …
Yes, I saw Carlos Santana perform at the House of Blues. It’s true, I rented a convertible Mustang. I admit I hiked a breath-taking trail in Red Rock Canyon. I also acknowledge I enjoyed the luxury of Bellagio and saw amazing views from the High Roller. However: the primary purpose…
Practicing law is an art, not a science, and there are various methods to develop skill at the art of lawyering. One method is to learn the hard way. In a recent Ohio OVI case, the defense lawyer learned the hard way lesson number one for appealing an Administrative License…
Carrie Underwood’s plea, “Jesus, take the wheel” is being replaced with the hands free command, “Siri, take the wheel”. According to a recent forecast by Business Insider, there will be 10 million self-driving vehicles on the road by 2020. With that in mind, I have been asked several times, “Are…