Over the past couple of years, this blog has followed and discussed the United States Supreme Court’s decision in Mitchell v. Wisconsion. While Supreme Court decisions can seem like seismic shifts in the law when they are issued, the reality is it often takes time for their effects to be…
DUI cases (called ‘OVI’ in Ohio) are some of the most complicated cases filed in Ohio courts. From field sobriety tests to breath/blood/urine tests, there are many minute and highly technical details that can make or break an OVI defense in court. Often, a seemingly simple but no less important…
“U Can’t Touch This” – That’s what the trooper believed when he stopped Ryan Turner for touching the ‘fog line’ on Old State Route 74. Based on that belief, the trooper stopped Turner and ultimately charged him with ‘DUI’ (called ‘OVI’ in Ohio). Turner challenged the trooper’s decision, and the…
The Michigan legislature recently passed a bill which would permit first-time DUI (called ‘OVI’ in Ohio) offenders to have their records sealed (expunged). Michigan, like Ohio, currently permits record sealing for many criminal offenses but prohibits record sealing for DUI convictions. The Michigan bill passed with an overwhelming majority and…
The 2020 holiday season may see a decrease in partying, but there will still be a seasonal increase in enforcement of DUI (called ‘OVI’ in Ohio). The Ohio State Highway Patrol plans an increased presence in December, and the federal government has proclaimed December of 2020 to be ‘National Impaired…
Now that I can buy three takeout margaritas with my enchiladas to-go, can I sip one on the way home? If not, can my passenger drink it? And if that’s not allowed, where am I supposed to put the drinks while I drive? I don’t want to get charged with…
We’ve used this space in the past to discuss how the nationwide trend in marijuana legalization has impacted the enforcement of DUI laws (called ‘OVI in Ohio’). After last week’s election, 37 states plus Washington D.C. have now legalized marijuana in some fashion. While recreational use of marijuana has been…
Technological advances in law enforcement must be reconciled with an individual’s right to due process of law. In DUI cases (called ‘OVI’ in Ohio), technology is used to determine the level of alcohol in a person’s breath. In other traffic cases, video cameras are used to determine speed limit violations.…
Most states now have some form of legalized marijuana. Thirty-four states (as well as D.C., Guam and Puerto Rico) have medical marijuana programs, and ten states permit recreational marijuana use. The states with recreational marijuana have questioned whether marijuana legalization results in more traffic accidents. According to a recent article…
We here at the Dominy Law Firm are big fans of the classic game show “Jeopardy”. With the fast-paced trivia challenge and Alex Trebek’s unmatched gravitas, there is little not to like. We are also big fans of the Constitutional protection against Double Jeopardy. This protection is enshrined in the…