What happens in Vegas stays in Vegas, but what happens near Vegas gets broadcast for the world to see. That’s what Erin Brockovich found out a few days ago when she was charged with Boating Under the Influence on Lake Mead, just outside Las Vegas, Nevada. After reading the news…
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…
There is little tolerance for drunk driving in Mumbai, India. Like Ohio, the penalty for a first D.U.I. offense in India is up to six months in jail. Unlike Ohio, the legal limit for blood alcohol content in India is .03 (Ohio’s is .08), and there is no plea bargaining.…
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…
A Buddhist proverb says, “When the student is ready, the master appears.” For three days last week, D.U.I. lawyers from across the state, and across the country, convened in Columbus for ‘The Premier Ohio D.U.I. Defense Seminar’ sponsored by the Ohio Association of Criminal Defense Lawyers (OACDL). The students were…
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…
Trooper Mark Winder stopped Tyler McNeely for speeding and observed the usual trilogy of intoxication signs: odor of alcohol, bloodshot eyes, and slurred speech. Winder gave McNeely field sobriety tests and arrested him for driving while intoxicated. The trooper drove McNeely to a hospital and asked McNeely to give a…
The holiday season is at its climax. Some of us who would not ordinarily step foot in a mall battle huge crowds to buy last-minute gifts. Most of us attend more parties in two weeks than they we do the rest of the year. All of us are being told…