Imagine you’re stopped by a police officer, and the officer suspects you’ve been drinking. They ask a few questions and mention they smell alcohol. The officer then reaches for a small handheld device and says, “I just need you to blow into this for me.” That device is a portable…
An Ohio appellate court affirmed a judge’s finding that a defendant charged with DUI (called ‘OVI’ in Ohio) was competent to stand trial. The requirement of competency to stand trial is a long-standing principle based on traditional philosophies of fairness in criminal proceedings. This article discusses the definition of incompetency,…
The headline from a recent article read, “Narcotics-based OVIs Rise in Ohio”. A police officer interviewed for the article said he has observed an increase in the number of drug-related OVIs. A representative of the Ohio State Highway Patrol reported fatal marijuana-related crashes rose 52% from 2019 to 2023. To…
A recent appellate case involves two legal issues which are often litigated in Vehicular Homicide and Vehicular Assault cases in Ohio. The first issue is the admissibility of expert witness testimony. The second issue is whether the jury should be instructed about the option of finding the defendant guilty of…
With St. Patrick’s Day around the corner, many people in Ohio will be celebrating at bars. Most of those people will drive home, and some of those people will be arrested for DUI (called ‘OVI’ in Ohio). How many of those arrests will involve drivers who have already been convicted…
A former Pennsylvania state trooper was involved in a two-vehicle automobile crash, and the driver of the other vehicle died as a result. The former trooper, Joseph Yuran, was charged with Aggravated Vehicular Homicide as a second-degree felony and Operating a Vehicle under the Influence (OVI). Yuran pled guilty to…
The law governing DUI (called ‘OVI’ in Ohio) is going to change. House Bill 37, signed by Governor Mike DeWine, becomes law on April 9, 2025. The legislation changes four separate areas of law: (1) Driving privileges and ignition interlock devices for OVI license suspensions; (2) Financial penalties for OVI…
Many continuing legal education seminars teach the art of trial skills. In the area of DUI (called ‘OVI’ in Ohio), fewer than five percent of cases go to trial, but 100% of cases involve negotiation. For the first time, the National College for DUI Defense (NCDD) held a seminar to…
The city of Goodlettsville recently settled with a driver who was wrongfully charged with DUI (called ‘OVI’ in Ohio). The settlement was reported by a local television station which conducted an investigation into sober drivers charged with DUI. The investigation revealed the driver in Goodlettsville was one of hundreds charged…
Driving is an activity which requires sustained attention. Drivers must focus on driving and divide their attention among multiple parts of the driving activity: steering, acceleration, braking, watching the speedometer, watching the road, and reacting to a constantly changing environment. For DUI investigations (called ‘OVI’ in Ohio), law enforcement officers…