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Columbus OVI/DUI Attorney Blog

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This Is (Double) Jeopardy

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…

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Auto-Brewery Syndrome Can Lead To DUI / OVI Charges

A semi rolled-over and spilled about 11,000 salmon onto the highway. As the fish flopped around on the road, the truck driver was charged with DUI. But it turned-out he had ‘auto-brewery syndrome’, a condition in which his body makes its own alcohol. This condition is rare but has been…

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Prosecution Must Prove All Elements For Charges of DUI/OVI Drugs In Ohio

There is a difference between what generally ‘makes sense’ and what is sufficient evidence in court. In a recent Ohio DUI/OVI case, the prosecution’s failure to prove all the elements of an offense resulted in one conviction being reversed and probably should have resulted in a second conviction being reversed…

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What If An Officer Asks To Search Your Car During a Traffic Stop?

In my experience as a criminal defense attorney, I have seen countless cases which began as simple traffic stops but escalated quickly into something far more complicated. Those more complicated cases often result from the officer searching my client’s vehicle and finding something illegal. Frequently, the officer’s search is based…

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Ohio Supreme Court Clarifies Responsibilities For Drivers Involved In Accidents

Almost everyone will be involved in a car accident at some point in their lives. When a collision occurs, your first concern is probably safety.  The last thing going through your mind is what exactly the law requires you to do after the accident. Failing to take the many steps…

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Ohio Supreme Court’s Decision On Speed Measurement Impacts OVI Cases

Technological devices are used to measure both speed and breath alcohol concentration. In court, the results of those devices are introduced to prove defendants are guilty of speeding or DUI (called ‘OVI’ in Ohio). As the government has the burden of proving a defendant’s guilt, one would expect the government…

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Ohio Supreme Court To Decide Legality Of Stops Based On Anonymous Tips

If another driver becomes angry with you, that driver can easily call the police and report you as a drunk driver. The driver doesn’t have to give a statement to the police. In fact, the allegation can be completely anonymous. Should police officers be permitted to stop you based only…

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How Are Central Ohio Courts Operating In The Era Of COVID-19?

Over the past few months, courts in Central Ohio took a variety of steps to deal with the unprecedented challenges presented by the Coronavirus Pandemic. As the State of Ohio moves toward ‘reopening’ in this new reality, central Ohio courts are beginning to release plans on how they will operate…

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Court’s Decision Regarding Expert Witness Report Affects Ohio DUI / OVI Cases

In Ohio DUI/OVI cases, the prosecution sometimes introduces expert testimony. If a prosecutor intends to do so, the prosecutor must provide the defense attorney with a written report summarizing the expert’s testimony. According to the Ohio discovery rules, the report must be disclosed to defense counsel at least 21 days…

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Can You Be Pulled Over In Ohio For Someone Else’s Crime?

Imagine for a minute that your car is in the shop. You have some errands to run, so you borrow someone else’s car. A friend, a family member, a coworker, whomever. As you’re driving to the store, you see a police cruiser activate its lights and sirens to pull you…

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