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Articles Posted in DUI/OVI

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U.S. Supreme Court Delivers Disappointing DUI Decision

As discussed previously in this space, we have been eagerly awaiting the Supreme Court’s decision in Mitchell v. Wisconsin. The Court set out to determine whether Wisconsin’s Implied Consent statute requires police to obtain a search warrant before getting a blood sample from an unconscious DUI suspect. The state of…

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Using Textalyzer To Decrease Distracted Driving Poses Problems

Texting is arguably more dangerous than drunk driving. According to a study conducted by Car And Driver, a driver’s reaction time is worse while texting than while intoxicated. With nearly all drivers in possession of a cell phone, it seems likely many more people are driving while texting than driving…

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What Happens When An Ohio Driver Gets A DUI In Another State?

I’m traveling to another state for a seminar next week. It just so happens the state is Nevada, and the seminar is in Las Vegas. For me, there is no risk of being convicted of DUI in Nevada because the trip is all about education! Sometimes, however, an Ohio driver…

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Ordeal Shows Presumption Of Innocence Is Crucial In Ohio DUI/OVI Cases

When authorities found Donna Wardell in her Chevrolet Impala, the car was upside-down, held in the air by part of the utility pole she just hit (see the story at app.com).  Medics pulled her out of the car through the windshield and rushed her to the hospital.  The medical team…

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Who Is Protecting Our Constitution Now?

It’s Independence Day. We’re celebrating our freedom, and we’re celebrating everything which makes the U.S.A. a great nation. One thing which makes this nation great is it’s ultimately governed by laws, not people. The framework for our laws is the Constitution, and the part of the Constitution which guarantees much…

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Stop For Minor Offense Outside Officer’s Jurisdiction Is Unlawful

Suppose you are driving around Columbus on I-270 and an officer pulls you over for speeding. The officer gets out of his cruiser and walks up to your car. When the officer reaches your window, you see on his uniform he is from the Cincinnati Police Department. ‘That’s odd’, you…

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When Are Police Permitted To Give Field Sobriety Tests?

Imagine you are driving home on a central Ohio freeway after a late dinner and you are pulled over by a police officer. The officer says you were stopped for failing to use your turn signal when you changed lanes. The officer announces he smells the odor of alcohol and…

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Supreme Court Addresses Use Of Drug Dogs At Traffic Stops

This is no police drug dog, it’s my dog Rex. He could be a police dog…if he weren’t so spoiled. If a police officer stops you for a minor traffic violation, how long should the officer be permitted to detain you? Suppose the officer issues you a ticket or a…

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Is Drunk Driver Responsible For Killing Drunk Man Lying In Road?

Steven Anderson was drunk when he passed out on a rural highway. He was wearing dark clothing and went to sleep on the dark road around 1:00 am. There were no street lights in the area, and he was lying where there is a bend in the road. Darryl Saunders…

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Blood Tests Thrown Out In Ohio DUI/OVI Cases When Law Enforcement Fails To Follow Rules

Sometimes rules are not made to be broken. When it comes to cases of alleged driving under the influence, there are rules for drivers, and there are rules for the government. When a driver breaks the rules, there are consequences. There are also consequences when the government breaks the rules.…

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